Posted by Cheryl Elliott on 10/15/03 3:15pm
Msg #127
Signing Companies who do not pay the notary/signing agent
I often read about SA's not getting paid for their hard earned work. In all the years I've been doing this, even before the age of Signing Agents, I've never been stiffed. I relentlessly pursue deadbeat Signing Services, mortgage companies, or direct subprime lenders, any one who intentionally or unintentionally overlooks my invoices for signing fees.
Here is my standard HALL OF SHAME letter to the California Secretary of State. Usually by faxing to the SS or whoever contracted my services, I get IMMEDIATE response, before it is sent to the Secretary of State. Also in California the Department of Corporations governs Escrow/Title Companies.
Here's my collection tool.
To: California Secretary of State Fax: 916-653-9580
From: Cheryl Elliott, Notary Public Date: April 10, 2003
Re: Complaint – Possible Fraud Pages: 2
CC: State of California Banking Commission.
Owner, LOSER Loan Docs Inc.
Escrow Officer New AmericanFinancial
Escrow Officer, ABC Title
Escrow Officer, Amerin Mortgage Company
¨ Urgent Response Requested
To Whom It May Concern:
The purpose of this fax is to bring to your attention a potential fraud perpetuated against me by a loan signing service based out of Bakersfield, California.
As a Notary Public/Certified Loan Signing Agent in the State of California, I was contacted by ______________ @ LOSER Loan Docs, Inc., (Address, City State and Zip and Telephone/Fax Numbers in February 2003 to complete three re-finance loan signings with ABC Title (EO Name) , Pleasanton, CA, American Mortgage Company (EO Name), Oxnard, CA; and New American Finance Newport Real Estate (EO Name), Newport Beach, CA.
The fee to be paid to me for these services was a total of $275.00 (breakdown below).
Lender Borrower File No Fee Due Date Signed
American 8495 125 19-Feb
ABC Title 8398 75 8-Feb
New American Fin 8342 75 9-Feb
I completed the work as agreed. The signings were completed and based on the signing the loans funded, which I have confirmed with all lenders. It is my understanding that according to federal and state laws, the funds and disbursement of fees scheduled for disbursement must be paid.
To date, after numerous phone calls, and faxes, I have not been paid by LOSER LOAN DOC SERVICE, although LOSER has been paid by the lenders, according to the escrow officers from each of these title companies/lender
I know you are not a collection agency. The purpose of this fax is to satisfy the question raised in my mind after reading numerous messages on a Notary Public message board about LOSER Loan Docs Inc. contracting Notaries Public throughout CA to complete refinance loan document signings and not making payment of fees to their notaries. It would appear to me to minimally be a violation of banking/notary public law within the state they conduct business, a violation of banking law to the title/escrow company which hired them if there were no intention of paying the fee while charging the borrower for the fee. Additionally, there is a possibility of violation of federal laws regarding the interstate use of phones/faxes to contract banking business.
I will, in fact, be turning over to Dun & Bradstreet Small Business Solutions the matter of collection. It is my hope that your agency will check out the legitimacy of this company, and if they are in fact perpetuating any kind of fraud on Notaries Public, and/or borrowers, in the charging of fees without intention of paying fees, that you will take the appropriate action. Meanwhile, I have already begun my own collection efforts through the Santa Barbara County Small Claims Court to collect these sums.
My contact numbers are XXXXXXXXXXX(cell) XXXXXXXXX (off) e-mail: [e-mail address]. I am best conveniently reached by cell phone.
Thank you.
Cordially,
SA, California notary Commission XXXXXXX
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Reply by Cheryl Elliott on 10/17/03 9:33am
Msg #133
Re: Re: Signing Companies who do not pay the notary/signing agent
If the signing service doesn't have the integrity or good business practice to make good on their payment, I reach back to the title company that was the fiduciary escrow holder to confirm the transaction closed and when it closed. Sometimes I've even followed up with the borrower to make sure their loan closed satisfactorily. In a nutshell some Signing Services don't have the integrity to even call you back or let you know when they will pay you. I waited six months for one SS in Bakersfield to pay me, but I was persistent. I know the COO of Ameriquest Capital, and she helped me get paid.
Gotta be persistent and resourceful, however, I've never been stiffed yet in 5 years of signing.
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Reply by CA_Notary on 7/23/04 2:37pm
Msg #4878
Re: Re: Signing Companies who do not pay the notary/signing agent
It's a good thing you posted this anonymously, although I'm guessing that you're Lender's Signing Service since they also just dragged up an ancient thread commenting about paying their notaries. If you're trying to truly be anonymous, you might have wanted to space those out a little better.
To say the least, it looks pretty unprofessional for a signing service to be posting messages asking us how to get paid by their own clients. If you, who normally deals with them directly, can't figure it out, how do you expect us, who don't deal with them directly, to know?
Finally, did you think to check ameriquest.com? It took me about 10 seconds to find the name of the CEO on the site.
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