Posted by pat/WA on 3/26/09 1:48pm
Msg #282215

lawyer involved

We sat yesterday while the borrower faxed all the docs to his lawyer and then waited 1 1/2 hours for the lawyer to call back with his approval.
Tell me how you would have handled this.

Reply by Tish/CA on 3/26/09 2:03pm
Msg #282218

This would fall under the catagory of "not on my dime". I would have called the person whom hired me to explain the situation. Either another appt needs to be set after attorney has gone through the docs or my fee is changed to my original contracted fee plus additional fee of $xxx/x while I wait. That was pretty rude of the BO.

Reply by firegirl on 3/26/09 2:16pm
Msg #282223

I agree, this is the same as reading every page

Every borrower has the right to choose their own title company or attorney. If they wanted their lawyer to be there they could have said so early in the application process.

They could have also said something to you when you comfirmed the signing. If it was edocs they could have been send to the lawyer ahead of time.

As soon as they started faxing the loan package to the lawyer I would have just told them I wouldn't be able to wait and that the appointment would have to be rescheduled. At EOM no less!

Reply by SharonMN on 3/26/09 2:18pm
Msg #282226

Well, this is clearly a "not ready to sign" - I would have called the hiring agency, explained that the borrower wanted counsel to review her docs before she was ready to sign, and left (charging a trip fee + edocs if applicable). I would have said I'm happy to go back when the appointment is rescheduled. I can't imagine how the borrower failed to mention this during your confirmation call, though. Why on earth did the borrower let you confirm the appointment?

Reply by Patricia Manatt on 3/26/09 3:01pm
Msg #282233

Agree 100%. Definately not on my time.

Reply by ReneeK_MI on 3/26/09 3:06pm
Msg #282235

NO WAY - especially when you consider

that an attorney who knows what they're looking at, and who is going to do it IMMEDIATELY, would be done in all of about 5 minutes.

Consumers have the RIGHT to seek counsel, the RIGHT to have their docs looked at by their counsel, and all they have to do is ASK for an advance copy FOR their counsel ...

Reply by Art_PA on 3/26/09 3:18pm
Msg #282237

This won't happen to you again. It is an example of a situation where the notary has to be in control or to be able to take control when an unexpected situation arises.

The lawyer is not the issue - it could have been a brother or friend. The borrower probably was not ready, and the LO probably was not very attentive, but it is always possible that the borrower got the idea to have a lawyer review the documents at the last minute.

A good practice in difficult situations is to call the title company, say you have other appointments and that you cannot wait an undetermined period for the borrower to proceed. This may have been resolved by telling the borrower of the right to cancel giving the borrower time to have the docs reviewed then. Often packing up to leave is a way to get the job done.