Posted by Calnotary on 8/4/12 1:03pm
Msg #429356

Another HIGH ALERT!

In the past month I have received 2 calls from the hiring entities about me missing a signature or a stamp. In both cases I have asked to send me a copy of the missed signature or stamp. And they have provided me with a copy SIGNED! by the borrowers and with my stamp missing.

In both cases I was able to provide a copy of ALL the documents they sent me and the "missed" signature/stamp on that document was never in the original file sent to me.

My question to you all here is: How can escrow have a document with the borrowers signature ?

Are they able to digitally add a signature to a document just for the purpose of not paying an additional fee ?

I have asked the borrowers if they remember signing this particular document in recent days and
the answer has been NO.

Right now even if I get a copy of the "missed" stamp is not enough, I have to have copies of the
original file sent to me.

Thank you for your comments or opinions.

Reply by sueharke on 8/4/12 1:49pm
Msg #429357

Re: Another HIGH ALERT!+ OT

I think all of us need to thank you for this alert. Now to get on my soapbox and complain.

I have said in the past and continue to say that the IRS and state taxing agencies (Franchise Tax Board in CA) have lost the most experience people and now the inexperienced people are trying to learn the job. Boy do these inexperienced people make mistakes! These mistakes cause taxpayers a lot of time and trouble to clear up with these agencies by myself and other CPA's. One time someone forgot to check a box on a computer program and it cost the client $800 plus and close to two years time to fix the problem! It actually took the IRS Taxpayers Advocate three contacts with IRS employees to fix the problem!

This problem is now affecting title companies. loan officers, and signing services who are just learning the job and not admitting to their mistakes. Why not just blame the notary? As a notary and CPA, I do not accept such responsibility when the error is made by others (or their equipment). I think it great that one notaries experience helps to prevent someone else from making the same mistake. Now to get off my soapbox.

I totally agree with notaries modifying a confirmation agreement when needed to protect his or her interest. No acceptance of the confirmation terms, get another notary as it is not worth the fight to get paid.

Reply by OR on 8/4/12 2:09pm
Msg #429358

I think that title just email the doc to the borrower. The borrower signs it and emiles it back. Then they blame the Notary for not signing and stamping the form. I try to keep a set of the Doc too. However some companies do not let you do that. I don't think their is any way to stop them from doing that either. I Some people just dont have morrals is what I think.

I had a title company call and tell the SS I did not send the docs back on time (they said 3 days late)and that there was so many signatures that it could not fund on time. I could prove that they were sent on time and that they got the package the next day. I asked for the pages that were missing signatures and then sent 1 doc that was missing an initial and it was a disclosure form. SS new it was a buch of cr&**.

Reply by Les_CO on 8/4/12 3:12pm
Msg #429360

Easy..they forge the borrowers signature, or the send the doc to the borrower for signing, and the borrower sends it back. Either e-mail or not. They then rather than admit THEIR mistake, they try and get you to go correct things for free. As far as the borrowers are concerned this loan that most really want, and have been months getting, are TOTALLY dependent on Title to get things finalized. Who do you think they are going to ‘throw under the bus’, you some unknown notary, or the only people that can finalize their loan? Keep a copy of the docs. Get a receipt from the courier. AND…if you mess up…admit, and correct it pronto. JMO

Reply by Jennifer Jackson on 8/5/12 4:12am
Msg #429388

This happened to me as well. They had actually sent it to the borrower and had them fax it back then asked me for an ack & jurat. I caught it because I knew that person had not signed my book (it was the spouse) and because of the copies provided. You just have to refer back to your journal for things like this.

Reply by Ilene C. Seidel on 8/5/12 6:30am
Msg #429391

There must have been a problem with the doc so they used their right to use "document correction agreement" cause you said you spoke to borrowers they stated they haven't signed addl docs once you left the appointment. So now they are trying to have you notarize that document. It is on the fence with notarial regs, I would think you would be breaking notarial law.

Reply by Linda_H/FL on 8/5/12 8:15am
Msg #429393

Document correction and document execution are

two very different things.. and I, personally, would give a company free rein to execute documents on my behalf - I'm not sure the document correction agreement extends to executing docs that were missed in the original package - and if it does then the signature should cite that it is executed pursuant to the ltd POA executed on such and such a date.

IMO the correction agreement does not cover execution of docs not originally part of the loan package. Someone, IMO, is pulling a CYA move when they do this.

JMO

Reply by Linda_H/FL on 8/5/12 8:27am
Msg #429395

apologies...s/b "I personally would NOT give a co. .." n/m

Reply by sueharke on 8/5/12 12:40pm
Msg #429413

I don't know if this would work to verify that the SS had sent the document to me originally or not. If you visit the spy store they make pens and powder that shows up under an ultraviolet light. If you use the pen to make a mark on the original, then send back all original signed docs, you can prove if your received it or not. This will not work if the SS or Title sends a copy.

I can think of other situations where such ink would prove a document is an original or not might make proving that you are telling the truth.

The spy store also sells portable handheld ultraviolet scanners. These scanners are useful for looking for ultraviolet parts of a drivers license or other documents (fake money). The ultraviolet powder may be used to mark equipment to identify that it is yours if stolen.