Posted by stamper_WI on 6/2/05 1:12pm
Msg #41835

Question for Sylvia or His Hughness

A recurring topic of non payment here! Isn't this a RESPA violation ( Truth in Lending) or does the mere fact that the signing of the doc's are assigned to all the SS agencies absolve any violation of that disclosure? After all the SS has been paid!

Reply by Bobbi in CT on 6/2/05 7:31pm
Msg #41959

If you read the Settlement Statement (HUD-1 or HUD-1A) certification, the settlement agent (aka escrow agent) certifies that the checks have been received and disbursed as on the settlement statement.

Is your name on the settlement statement? If not, then the check was disbursed to the Signing Service or company listed. Because you are not listed as a payee on the Settlement Statement, it would be a far stretch, but probably not impossible, to claim a violation of the certification by the settlement agent.

Not an attorney. Neither legal advice nor legal opinion. Just a logical look at the written word on the document that lists who the payments are made to. We are sub-contractors or sub-sub-contractors of one of the parties on the statement - not always listed separately as a payee in our own name or company.