it merely states what my role is, that I'm not an atty, and I cannot interpret the legalities of the doc's. However, I will tell them what role the document is within the package (pretty much what they can read if they were going to sit and read the document.)
I also include in it the Pledge of Ethical Practice which is from the *** and finally I have a disclaimer stating that they certify that they did/will not solicit me in the direct signing of their doc's and further that I did/will not provide info, advice or explanation of any doc's with respect to the signing. I have them date, print and sign their names.
This way if anyone tries to use me as a scapegoat, such as saying I performed UPL, I have the borrowers actually asserting in "wet ink" that I did not.
What's really funny is that I had a title company call me this morning when I was in a closing saying they needed me to call them back about a closing I did on Monday because there was a discrepancy on information I gave the borrower about their documents. Apparently the BO told them that I had explained something incorrectly.
While at the Monday closing, the bo (totally OUT of his mind...duh, is anyone home?) had questions on the HUD. Since it was 8am and his LO was not avail, we called title. What was funny is that the name of the person at title was the same as mine. So when the BO said, "Cheryl said..." title automatically assumed it was me!! lol I made it very clear that it was THEIR Cheryl that gave the explanation NOT me.
It was great timing with title calling while I was in my closing this morning though, because it was my case in point to those BO's why I have them sign it. |