Posted by EvansP on 1/2/05 9:49am
Msg #15212

Signing Contract

Any notary out there with a Notary Contract for these companies to sign before we perform our notarial duties. If there is, i could love to have a copy. Send it to [e-mail address]. Highly appreciated. HAPPY NEW YEAR TO ALL MY NOTARIES OUT THERE. Hope we will all have a blessed and properous new year.

Reply by LawrenceOK on 1/2/05 10:15am
Msg #15214

I modified my appraisal contract to read Signing Agent instead of appraiser, so probably wont work for you. Although I will tell you, only my lenders signed & agreed to it. The majority of the SS's & Title Co.'s that I send it to along with their contract just file 13 it anyway. They dont want YOUR contract, they just want YOU to agree to THEIRS.

Reply by peterole_MN on 1/2/05 11:59am
Msg #15218

This past fall I submitted all the needed items, including a signed contract, to six signing services. Not one ever responded with their signature on the contract. I think I got the best of two of them who called with a signing assignment. I turned them down pending a copy of a contract signed by them. Both times, the SS caller just hung up. So, I agree they may file 13 them or may even shred them to prevent us from coming and finding the item in their garbage. Happy New Year to all!!!

Reply by CaliNotary on 1/2/05 4:52pm
Msg #15236

If you want to get work in this industry, you have to go with the norms of the industry. And that doesn't include signing services agreeing to OUR terms, it's us agreeing to theirs.

All I think you'll accomplish by sending your own contract to a signing service is flagging yourself as a potentially difficult signing agent and costing yourself work.

Reply by EvansP on 1/2/05 5:02pm
Msg #15238

Thanks to you all for your responses. We really have to just look out for each other.

Reply by KallNotary on 1/2/05 8:39pm
Msg #15255

May I ask what YOU think the "norms of the industry" are?
Are your "norms" backdating, non-payment, micro-manage (til the Notary
pulls their hair out), etc.?
There are no "norms" to the business, and if some are trying to change
this business for the better -- more power to them!

Reply by CaliNotary on 1/2/05 10:14pm
Msg #15268

Of course there are norms in this industry. What a ridiculous statement.

Reply by BrendaTX on 1/2/05 5:55pm
Msg #15239

I don't think I have ever received a signed contract back from an SS.

Reply by LawrenceOK on 1/3/05 9:48am
Msg #15291

Calinotary
You forced me to review my own darn contract. Thanks! Now the contract that I send to perspective clients (rewriten) will deal with the issues of backdating, jurats & aka's (i will use my own not theirs) and that MY FEES are not contingent to the outcome of the loan. If this is not industry norm, the the heck with it. Let me ask you Why you feel we should not be able to include our own contracts for them to sign. Are we not in business for ourselves? Are we not running a business? How many SS's do you know of that DO NOT have contracts with their clients. If you, or others can convince me as to why we should not include a contract, then I will shread mine.

Reply by Nicole_NCali on 1/3/05 11:22am
Msg #15298

I agree with you Lawrence, this business is based on someone calling you for a signing job, once you agree to this, you have this trust thing of completing the job and waiting for payment. That is not how normal business is conducted. Normally, there is an agreement that both parties are aware of and this would be the basis of debt collection on unpaid accounts receivable. I believe that we should have one of our crafty lawyer friends come up with contract wording to be used in our invoices. This would constitute verifiable debt collections and can be used in court.

I have over 800 dollars in outstanding invoices and just like PG&E or SBC, if there is no payment, I am going to pursue this with the full extent of debt collection in California.

Reply by CaliNotary on 1/3/05 5:05pm
Msg #15331

It's not that I feel that we should not be able to include our own contracts. We're independent contractors, we can do whatever the heck we want. However, I do see it as being completely pointless, especially after reading this thread. I've seen several people say that they send them but the signing services never sign and return them. How many have you received back? Do you work for companies who refuse to sign them?

I also don't see why you feel it's necessary to spell out things like backdating. You don't need a contract for that. If a signing service asks you to do it, you just say no. Period. It's already the law that we can't do it, why do you feel you need anything more than that? As far as your fes being contingent to the outcome of the loan, most signing services already have a policy in place for that. It's your responsiblity to find out what it is when you're deciding which companies to work for.

And what the heck is the point of using your own jurats or aka's instead of theirs? Sure there are occasions where we need to attach something loose due to incorrect wording for the state we're in, but if that's not the case then I just don't get it.

Like I said in another thread, if a company is going to screw you, they're going to screw you regardless of what you've sent them. If you have a confirmation from them with the agreed upon fee and the proof in your notary journal that you did the job that should be enough to prove your case if it ever comes down to that. And honestly, how often does it actually get to that point?

I try to look at it from the signing service point of view. If I ran a signing service I wouldn't use a signing agent who was arrogant enough to send me a list of their terms. If you want to work for me, you agree to the terms that I've decided are appropriate for my business. If you don't like them, I have 50 other notaries who will be happy to do the work in your place.

I think all you accomplish by sending your own contract is that you make yourself look like a difficult person to work with. Especially when it includes things like "I will use my own jurats, not yours". To me the negatives far outweigh the benefits and I think it costs you way more in potential business than you'll ever lose in unpaid invoices.

Reply by Bob-Chicago on 1/3/05 2:18pm
Msg #15314

Re: Signing Contract-- Usually no big deal

If a company is unwilling or becomes unable to pay you , then even if you have a 12 page, detailed agreement , signed in blood and witnessed by The Pope, you are likely not going to get paid without a major fight that will problably cost more than you collect.
If you are dealing with an honest company, a verbal agreement is all that you need.
If dealing with a true deadbeat, the contract should be written on very soft paper so that you don't get a rash.
I have no written agreements with my biggest customers, and have never had a hassle
The long detailed contracts and and nine page confirmations, filled with detailed instructions and threats, are usually (not always by any means) used by "flakes are us"
KMC had a detailed contract and a well made training video . The only thing that they forgot to do was pay their NSAs when they went OOB
Bridgespan was a good size title company that had the same memory loss.
The beat and the list goes on.
Stick with the good ones, and keep the unknowns on a short leash until you get a feeling for how they will perform.
If you turn down a job from an unknown company because you are not sure if you will get
paid, then you have a !00% chance of not getting paid for that job. Go with your gut and good luck. Like Tom Cruise in Risky Business said," somethimes you just have to say,what the heck (or whatever he said)"