That's the whole point, MW. There is no deal ("your part" or otherwise) if the hiring party pulls out during the transaction. A notary can jump through all sorts of hoops to get "their part" done, but if the SS announces that there will be no payment, then at that point, the notary's part in the deal is finished, as well. Why would a notary keep trudging on like normal when the hiring party has moved on? That might even be considered UPL. Why would it be considered the notary's "responsibility" to keep their part of the deal when the hiring agency has already backed out? I think we're all brain-washed.
Anyway, sued for what? I'm sure there's no law covering "not sending docs back" in a case like this. I'd think they'd just go after E&O for damages, if any. And who would be suing whom for what? Like Laurie posted in her car insurance example, way too many hands in the pot. However, I can see the other side, too. Docs are signed. Probably notarized. These docs still belong to the lender. Not to the borrowers. Not to the notary. Of course, in the case of a no-sign, the lender doesn't want docs back. They want the notary to do the shredding; and they certainly don't want to pay for return shipping of unsigned docs! Still, you might not want to be holding on to someone else's property. The lender might likely enforce the "it's my property" rule only if they really want the docs back (because they know they're signed.) But if they're not notarized, they're useless. This is getting way too complicated. My post was mainly to agree with the very insightful post by LD who wrote:
<<... if they canceled the closing because they didn't have the package in time, and are not paying you, why would you send them back? If they get a product back, they need to pay you something. jmo>>
Like Laurie said, just interesting stuff to think about, Gawd forbid we'd ever find ourselves in this position!
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| Messages in this Thread |
|  ASAP PRO NOTARY :( - dkNewJersey on 4/19/17 11:51am |
|  Re: ASAP PRO NOTARY :( - Calnotary on 4/19/17 12:22pm |
|  Re: ASAP PRO NOTARY :( - PegiT_MN on 4/19/17 12:48pm |
|  Experience is what you get when you don't get paid! -  Cheryl Elliott on 4/19/17 1:32pm |
| Re: ASAP PRO NOTARY :( - Calnotary on 4/19/17 6:01pm |
| Re: ASAP PRO NOTARY :( - Luckydog on 4/19/17 12:34pm |
| Re: ASAP PRO NOTARY :( - PegiT_MN on 4/19/17 12:53pm |
| Right! Serious potential liability for not returning docs. n/m - JanetK_CA on 4/20/17 2:32am |
| Was This A Purchase Signing? - PegiT_MN on 4/19/17 12:44pm |
| I agree with Pegi....on both counts - Linda_H/FL on 4/19/17 1:21pm |
| Re: I agree with Pegi....on both counts - Luckydog on 4/19/17 2:00pm |
|  Re: I agree with Pegi....on both counts - PegiT_MN on 4/19/17 2:24pm |
| Re: Was This A Purchase Signing? - dkNewJersey on 4/19/17 10:34pm |
| Re: Was This A Purchase Signing? - JanetK_CA on 4/20/17 5:14pm |
| If it's a purchase, I always "assume" the docs - Cheryl Elliott on 4/19/17 1:28pm |
| Re: ASAP PRO NOTARY :( - Laurie Manzanares on 4/19/17 2:51pm |
| Re: ASAP PRO NOTARY :( - Luckydog on 4/19/17 4:11pm |
| Re: fax or scan - Laurie Manzanares on 4/19/17 5:22pm |
| IMO, there are 2 issues here. For starters, I don't accept - MW/VA on 4/19/17 4:16pm |
| Re: ASAP PRO NOTARY :( - dkNewJersey on 4/19/17 10:39pm |
| Re: ASAP PRO NOTARY :( - Laurie Manzanares on 4/20/17 1:22am |
| Re: ASAP PRO NOTARY :( - dkNewJersey on 4/21/17 11:09pm |
| I hate to add MORE bad news, but I'm pretty sure your SD - Cari on 4/19/17 4:37pm |
| Re: I hate to add MORE bad news, but I - dkNewJersey on 4/19/17 10:45pm |
| Re: I hate to add MORE bad news, but I - pdl/cali on 4/19/17 11:00pm |
| DK, the rating that I speak of is NOT the one you see in - Cari on 4/20/17 6:18am |
| Agree w/Cari"SD is & always will be a KILLER"4 UR NSA career n/m - Christine/OK on 4/20/17 10:04am |
| As to holding docs hostage ... - BearPaw/CO on 4/20/17 2:30pm |
| Re: As to holding docs hostage ... - Laurie Manzanares on 4/20/17 2:54pm |
| Re: As to holding docs hostage ... - SteveS/CA on 4/20/17 6:24pm |
| I can't agree with that logic. IMO by not returning the - MW/VA on 4/20/17 4:06pm |
| Re: I can - Laurie Manzanares on 4/20/17 5:09pm |
|  Re: I can - JanetK_CA on 4/20/17 5:54pm |
|  Re: I can - Laurie Manzanares on 4/22/17 10:18am |
 | Re: I can - BearPaw/CO on 4/20/17 5:39pm |
| Yep, probably depends on what happens when, & in what order. n/m - JanetK_CA on 4/20/17 6:08pm |
| Re: I can - Calnotary on 4/20/17 7:00pm |
| Wow! What did you have for lunch... - Cheryl Elliott on 4/20/17 7:00pm |
| Re: As to holding docs hostage ... - dkNewJersey on 4/21/17 11:04pm |
| Dear dk, I did not realize you had responded to me ... - BearPaw/CO on 4/22/17 9:06pm |
| P.S., dk: There is one thing I greatly admire about you ... - BearPaw/CO on 4/22/17 9:25pm |
| Re: ASAP PRO NOTARY :( - LKT/CA on 4/21/17 8:55am |
| Re: ASAP PRO NOTARY :( - dkNewJersey on 4/21/17 10:54am |
| Thanks for the update! - JanetK_CA on 4/21/17 2:04pm |
| Re: Thanks for the update! - dkNewJersey on 4/21/17 10:27pm |
| Re: Thanks for the update! - janCA on 4/22/17 9:19am |
| Re: ASAP PRO NOTARY :( - Laurie Manzanares on 4/22/17 10:21am |
