Posted by CarolynCO on 7/21/05 9:48am
Msg #53563
Stand your ground
Monday evening I did an e-doc signing for a SS that I've never worked with. When I accepted the signing I was unaware that faxbacks were required to the SS and the lender, but since I had already accepted the signing, I figured I could do the required faxbacks one time only and make note of the required faxbacks on the SS file folder.
In this particular loan package, there was a *complete* document index checklist listing each document and the number of pages. There was no Deed of Trust inlcuded in the package, nor was it listed on the document index. I faxed the identical 8 pages to the SS and the lender, along with the document checklist, stating that there was no Deed and no Deed listed. Tuesday afternoon at 4:00 I get a call from the SS saying that the package is okay to ship.
Yesterday afternoon I get a call from the SS asking if I faxed the same info to the lender stating there was no Deed. When I said yes I did, he said they just called and said there was no Deed in the package. He told them that he was aware of it and that they should have been to, had they reviewed and read my fax. He asked how much I would charge to go back to Borrower with the Deed. I quoted him a fee and he accepted and then he told me that I would have to backdate to Monday, July 18, or the entire package would have to be redrawn. I sent an e-mail so I'd have it in writing that I wouldn't backdate -- that they could pay me for the original signing and find another notary that would backdate, or they could pay me the agreed-upon fee for me to go back and get only the Deed signed/notarized the current date, or they could draw up a whole new package with new dates and pay me for a second complete signing fee.
Late last night he e-mailed asking if I would accept taking the Deed and a new RTC and signing/notarizing with a current date. Of course, *when* they finally see fit to get me the Deed, I will have to face the Borrower, who is not going to be happy, and needed and thought I was bringing his money on Monday with the original signing.
At any rate, the moral of the story is that if it's not your fault, don't back down and don't ever agree to backdate under any circumstances.
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Reply by CarolynCO on 7/21/05 1:05pm
Msg #53613
Re: Good question
End-of-month rush -- docs late. I printed off the package and glanced at the index and saw the total number of pages in the packet and I counted the number of pages printed and the numbers matched. After beginning the signing, I could have stopped the signing once I realized there was no Deed and no one to answer the phone, or I could have continued getting the remainder of the package signed. It was a judgment call -- which there are a lot of in this biz. Regardless of what we do, we stand a 50/50 chance of being either right or wrong. Today I will revisit the borrower and I might be there 10 minutes because I made the decision to get the remainder of the packet signed/notarized on Monday evening, and with my calculations, my judgment call adds up to the least amount of time.
When I was advised to go ahead and ship the package, I could have questioned the missing Deed, but two faxes going to two different people stated the Deed was missing and not being faxed.
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