Posted by Cheryl Anderson on 6/7/08 12:09am
Msg #250335

Contacting Escrow for Payments

I have a couple very late invoices on a particular co. that I am reluctant to list at this time. However, since they are particularly late, 60+ days, would it be completely terrible and inappropriate to contact the escrow co.'s that SS had worked for and forward my invoices to them? I've tried calling, mailing, emailing, faxing, and calling some more to talk to anyone or get feedback from anybody at this SS. There were 3 contact numbers originally, but 2 are now disconnected and the other always goes to a recording. My faxes go through, and my emails go through. It probably is safe to assume that they are either falling out like some co's are, an unfortunate circumstance for a lot of these co's, but extremely unfortunate for me...and feel that I should get paid, regardless...someone is responsible for payment. Thank you so much for any and all of your replies.

Reply by 101livescan on 6/7/08 12:18am
Msg #250337

I'd be on it like a cheap three-pc suit. They may be flailing like so many others, all the title/escrow company will do is tell you that they paid the SS and they don't have any way to pay out after the files have closed. The SS owes you, not them, not the borrower. GOOD LUCK!

Reply by CopperheadVA on 6/7/08 5:43am
Msg #250348

It's true that sometimes the TC is not helpful - says "We already paid them so there's nothing we can do." But I've also had very helpful TC's that made a call or sent an e-mail on my behalf and I did receive payment because of their efforts. I was one of the last notaries to receive payment from Executive Closing Services because I contacted the TC. I received payment right before they made the decision to stiff all their unpaid notaries.

I would definitely contact the TC. Tell them you were the notary on File # _____ (always a good idea to keep the file and loan # for your records) and wanted to confirm that it had closed, because you have still not been paid by ______ signing service.

After you speak with the TC, sometimes the SS will be upset that you contacted their client. So sorry, if you had paid me in a timely manner or responded to my inquiries, that would not have been necessary!

Reply by Sharon Taylor on 6/7/08 6:25am
Msg #250349

You'll probably need file and loan numbers

I now write the File and Loan numbers from the HUD on my Journal page for each closing. I wasn't doing that until last year when I contacted a title company about payment and was bounced around from person to person, which each one claiming that unless I had the file or loan number, they couldn't help. I kept trying to get them to do it by name, but every one of the people I spoke with refused to assist unless I had the file or loan number. The borrower kept promising to find her paperwork and call me back, but after 4 calls and getting put off each time, I finally gave up. Normally I burn all downloaded files to backup CDs every month or two, but this loan took place just before I had a computer crash and lost a hard drive. Sigh.
No criticism, please, on what I could have/should have noting the file and loan numbers for each loan in your Journal.

Reply by Sharon Taylor on 6/7/08 6:28am
Msg #250351

Re: You'll probably need file and loan numbers - more

I said: No criticism, please, on what I could have/should have noting the file and loan numbers for each loan in your Journal.
What I meant was: No criticism, please, on what I could have/should have done. I just am commenting that it might be helpful to start noting file and loan numbers for each closing in your Journal if you aren't doing that already in case you have to talk with the title company later.

Reply by nolanotary on 6/7/08 7:02am
Msg #250354

If the SS will not respond, contact the TC and let them know you have not been paid. If the TC will not cooperate and assist you, contact the Lender. As for keeping records, I keep a copy of the top of the HUD with my invoice...it usually has the TC and Loan # listed. If the Lender is not listed, I write it in. That way, when I need to start forcing collection, I have all the information. I am actually dealing with a TC right now for a deadbeat SS, and I'm glad I kept all the loan info because it has surely helped.

Reply by PAW on 6/7/08 7:54am
Msg #250356

Yes, by all means, contact the company that hired the SS. You are a sub-contractor to the SS. The SS is a sub-contractor to the title company (in most cases). Therefore, you have an indirect (3rd party) business relationship with the title company. They need to know about their contractors. If payment is not received by you from the SS, the title company should also be named in the suit, if you bring one, since it would be up to the title company and SS to show payment history. (The title company may assist in your efforts since it is cheaper that any legal action that may ensue.)

Reply by 101livescan on 6/7/08 9:36am
Msg #250360

When I was not paid by Eleventhhoursignings.com for two trips to borrower in December 2007, I contacted the loan officer, his boss and the title/escrow company. They told me they had already paid the Paige Tiffany, and there was no recourse for me against borrower, title or lender. BUT, they did make note that Eleventhhoursignings.com does not pay their notaries and they are "blacklisted" with these companies, so they said. In any case, I long ago made a practice of keeping track of title, escrow and lenders' phone numbers, addresses, and the people who were listed on the 1003 as loan officer, and processor's name if available. You never know.....I'm still trying to get paid by Docuservusa for work I performed last summer. Seems like Bret and Johnny get a lot of vacations lately but aren't paying their notaries. It's fraudulent to hire notaries and not pay them, and I'm working that angle now against any SS that doesn't pay me, but was paid for the entire job and stiffing notaries.

Reply by MonicaFL on 6/7/08 9:50am
Msg #250362

Well, I have a title/escrow company who owes me from a closing performed on April 17th! Won't mention their name right now but they are located in South Florida. I have contacted them on several occasions and am always told - I don't understand - we always pay when the loan closes. And, yes, the loan did close and I did the closing - I even went an extra step for them when they called and asked me if I had dropped the package yet ( i was really just heading out the door to do so) and they asked me to open it up and fax the lender certain pages because the lock expired that day and if they didn't have those papers to begin processing the loan, it would have to be redone. I did this (with an approved extra fee of course) - and I still can't get paid. If I don't get paid by next week, I guess I will take some other action - not sure which I will do, but I don't like to be put off by supposedly "reputable" title companies - especially when I know they got there money.

Reply by CopperheadVA on 6/7/08 10:06am
Msg #250368

With collecting from a TC, you can contact the regulating authority, land title association, or insurance/bonding agency. Also the state Secretary of State, Corporations Division. Work the "failure to disburse funds collected from borrower for services rendered" angle.

Reply by GWest on 6/7/08 11:18am
Msg #250372

I have always made it a practice to advise the SS first that I am going to contact the lender, title, borrower, etc. and give them 10 days to pay before I do so. I call the SS, email, fax, mail them a demand letter. It has always worked up (until Pinnacle Real Estate Services non payment for a signing in 1/08, which has still not been received).

Reply by Cheryl Anderson on 6/7/08 1:11pm
Msg #250385

Thank you ALL for your extremely helpful ideas and recommendations. I've definitely kept the phone numbers, loan numbers, and even copies of the shipping labels! I will start on Monday. Thanks again, and everyone have a wonderful rest of weekend!