Posted by reba on 8/23/12 8:26am
Msg #431621

Contacting Title w/ regard to Non-Payment

I am prepping my paper work to send to Title Co. for a singing completed back in June, for which I have NOT received payment to date from the SS (Precision Signing in FL). I understand that my notifying title will put this SS on blast, and due to the # of "likely" incoming complaints will stop this title co from using this SS. BUT by this being my first real non-payment issue, am wondering if my expectation should be for title to pay me for my service, or assist me in the pursuit of payment. After all I am sure the SS got paid, so I want to make sure that I use the correct verbiage to pursue this matter. Any advice/direction is appreciated. FYI I plan to include the confirmation, confirmation for requested faxback, invoice, 30-day invoice and 45 day letter to SS request for payment.

Reply by Les_CO on 8/23/12 9:34am
Msg #431641

Normally the borrower pays Title; Title pays themselves or the SS at funding, or Title pays the SS upon invoicing some time after funding. You were hired by the SS not the title company, so it’s the SS that owes you. The borrower and/or Title do not have to pay twice. You may never get your money; however in my opinion Title does have some responsibility to at least check on the vendors they use, and need to stop using people that are thieves. Yes by all means notify Title Company, and if you get no response, I’d notify the insurance regulators (actually I’d send the insurance regulators a copy of what you send the title company, and at the same time) in the State where they are licensed.JMO

Reply by Pro Mobile Notary on 8/23/12 4:25pm
Msg #431713

If in notifying the insurance regulators you wrongly imply they are somehow culpable in your non-payment, it could cause you some serious problem not the least of which could be legal ones.

Do not implicate the title company or they might begin to tell signing services to never use you on their signings and that kind of information can propagate across the entire spectrum of title offices through their intranets, associations and networking groups.

Since the title company has no legal responsibility to pay you, I strongly suggest you not implicate them with their regulators. It will not get you your money and might cost you dearly in unintended ways.

Reply by Les_CO on 8/24/12 10:23am
Msg #431828

We all have our own opinions here. Mine is that the title companies that continually and (knowingly) use deadbeat Signing Service companies DO have at least some responsibility when choosing their vendors. When a title company such as Genuine Title continues to use Safir Signing service, or whatever Kosi calls himself this week, when they KNOW, and have known for YEARS that he doesn’t pay many of the notaries he uses, it’s time to let the regulators know. Just because some crook that owns a title company, has a deal with another crook that owns a SS doesn’t absolve them of all responsibility. If it’s a good honest title company, and they unknowingly are using a deadbeat SS it’s time for them to learn, and to check on their vendors. Today we have dozens of poor/deadbeat/crooked SS out there, and it’s time for the people at the title companies that give them orders to CHANGE vendors, or face scrutiny by their regulators. And I’m not SURE that a title company that KNOWINGLY takes the borrowers funds and pays them to a SS that does NOT pay the notary has no legal responsibility? If you know this I’d like to see the law (federal or state) perhaps you could post it here? A written complaint just may get some of us the small fee still owed, either by the SS if title threatens not to use them if they don’t pay, or by title themselves, that may face a full audit. I can guaranty that if ANYONE does not pay me for service preformed someone/everyone involved will know about it. If that worry’s you either don’t hire me, or pay what you owe when due. JMO