Posted by Loretta Reed on 3/15/05 4:05pm
Msg #25613

I've had it!!!!

Got a call from a national company regarding a closing I did Friday night.
They forgot to send 2 documents that need to be signed to go with the deed that they signed that night and want me to go have the borrowers sign them (at my expense). I
said that it was not my fault, the papers were not in the package and they said that I should have known what was missing from the document and if I do not go, they will have to send someone else and I won't get paid.....
BULLS*IT!!!

Reply by asigner on 3/15/05 4:11pm
Msg #25615

please do tell (as we would all like to be really careful)

who was it?

Reply by Loretta Reed on 3/15/05 4:18pm
Msg #25616

Re: please do tell (as we would all like to be really careful)

GAC
I told her that they would have to come to me tonight, I am going out of town tomorrow until Thursday night and she said that she would have to call me back but she did not know if they would allow the borrower to do that since it was not their fault. I told her that it was not mine.

Reply by Loretta Reed on 3/15/05 4:19pm
Msg #25617

Re: please do tell (as we would all like to be really careful)

We are not responsible for what is in the package. How are we suppose to know what goes in the package. I know what they HUD, TIL and RTC are and they are suppose to be signed but this is getting ridiculous.

Reply by Paul/MD on 3/15/05 4:50pm
Msg #25621

Re: please do tell (as we would all like to be really careful)

In most cases if a "List of Docs" is not part of the package.... I call and ask for one --- just to CYA

Reply by Loretta Reed on 3/15/05 4:56pm
Msg #25623

Re: please do tell (as we would all like to be really careful)

This was actually a Centex loan that I had to download. Of course, they sent the deed and the rest of the "junk docs" to me by fax.
I spoke with someone in their office a few minutes ago and stated my case again. They said that they would make sure that I get my fee but I should become familiar with the necessary docs that are needed for a closing, even the unusual docs, they will be making the closer accountable, here in Maryland. Every county has different requirement that go with recording an instrument. Some require an Affidavit of Consideration and some do not. PG has a different form that I have never used in my counties. Too much stuff to remember, I may be getting too old for this, you know I'm 34 now. ha ha

Reply by Art_MD on 3/15/05 4:58pm
Msg #25624

Re: paul - list of doc

Paul,

I don't have time to babysit. If the paper pushers can't get the package right, they aren't paying me to check up on their work.
I don't have time to call for a doc list, and wait for them to decide to send it. I waste enough of my time waiting for e-docs which are usually late.

Loretta - I wonder which title producer they will get to do the extra papers??

Art

Reply by CarolynCO on 3/15/05 5:30pm
Msg #25634

Re: please do tell (as we would all like to be really careful)

I hope you didn't agree to go out on your own dime. This is obviously not your fault.

Reply by Becca/FL on 3/15/05 10:35pm
Msg #25695

Re: please do tell (as we would all like to be really careful)

Lets hear it for assembly line escrow!!!??? It's the wave of the future.

typical "assembly line" Escrow Co ad reads:

Immediate opportunities, no experience necesary. Quit your job folding T-shirts & flipping burgers & join a winning team! Advancement opportunities! Become a RE Paralegal or a Title Examiner in one month!

IJK, OC

Reply by CarolynCO on 3/15/05 5:28pm
Msg #25631

*the papers were not in the package and they said that I should have known what was missing from the document and if I do not go, they will have to send someone else and I won't get paid.....*

Absolutely amazing.

Reply by Jon on 3/15/05 5:49pm
Msg #25639

Just so I have no misunderstanding, GAC expects me to know every individual document in every loan package I do? The fact that I do loans for 20(thought I'd be conservative) DIFFERENT companies, each with different size packages should not matter?????

I have been doing this a long time and have completed multiple thousands of signings. I know almost every doc that could possibly be included in a package(at least here in CA), and can give an explanation for them. I could never recite each individual loan doc and which package they go in.

For GAC, don't call me, I'll call you!!!!!

Reply by MTheall/AL on 3/15/05 6:40pm
Msg #25654

AMEN!!!

Reply by Loretta Reed on 3/15/05 7:56pm
Msg #25667

Re: I've had it!!!!....In all fairness.....

After alot of frustration, I called them back and asked them exactly what was their stand on this as far as pay. I told her that it was not my fault, I am not responsible for the documents that they sent me and I would be more than happy to go to the borrowers again but it would have to be tonight or by noon tomorrow. She accepted the offer and paid me an additional fee for having to go back. The fee met my usual fee and I only had 2 pages to get signed.
I called the borrowers, they had not heard from the lender or GAC that this would not fund unless these 2 papers were not signed and they FREAKED OUT. They ended up meeting me this evening and signed while the husband cursed the whole time for taking up his time (about 2 minutes).
I was thankful that GAC saw it my was this time. I will make sure that I call Vendor Management tomorrow and let them know where I stand as far as further signings.
If the don't like where I stand, they can go somewhere else.

Reply by Ted_MI on 3/15/05 8:57pm
Msg #25677

Re: What's the borrowers' problem?

Hi Loretta,

I must say the borrowers sound like real jerks!! You were getting it coming and going!!

I had a situation somewhat comparable to yours except I went to the borrowers' house three times!! Twice on the same day and then about three days later (all through no fault of my own). The borrowers were always very gracious, as I am sure they realized that none of what was transpiring was my fault whatsoever.

Reply by jj/ca on 3/15/05 11:00pm
Msg #25703

Re: What's the borrowers' problem?

You guys know these companies really got us by the b---s. We are damed if we do and damed if we don't.

Reply by Nancy in Florida on 3/15/05 11:36pm
Msg #25708

Re: What's the borrowers' problem?

I just had a similar situation. I had a nightmare of a closing, closing was adjourned, all parties involved were not present although when I had called to confirm the date and time I stated who needed to be present and that I needed copies of the ID. The borrower said okay to everything and of course he was the only one present. (Of course no copies of the ID's either).

I went out to do the closing the next night with all new docs and I realized that I didn't have all of the documents the second set were missing some document but since the closing was scheduled at 7:30 for 8:30 and it was 30 minutes from my house. I really didn't have time to check them that thoroughly. I realized when as we were going over the docs that some were missing (1003, and some other disclosures, nothing needing to be notorized) I told the borrowers that some docs were left out and that I would mail to them to sign.

When I returned home from the closing I pulled the missing docs from the first set of docs (from the original closing date) out of my shredding bin and copied them and sent them to the borrower to sign. I also sent a note with the closing pacakage to the Title company telling them the docs were missing from the second fax, it wasn't realized until I was at the closing and that the docs were sent to the borrowers for signing with a stamped envelope addressed to the title company. I also informed the SS and told her want I did. She was mad at me for not returning. These borrowers were a nightmare, they all work different shifts and I actually was sitting in a closed diner, which was where one of the signers worked and the other signer still wasn't present and the other borrower had to go get her and she was angry because she was on her way to work. It was horrible, not to mention a commuication gap because they spoke French and I did not. The reason we also had so much trouble getting everyone together was because the male borrower kept insisting that he and I drive together to the others to sign the docs and I kept saying no and gave other options but he just kept coming back to wanting me to come to his house and for us to drive together. He freaked me out to say the least. So I was not going back, if it was a doc I missed I'd have to go back but the SS or title company did not include these docs in the second fax. The only reason I realized they were missing was because I am used to having a 1003 and when I checked the other docs to what I had I realized other docs were left out as well. The SS knew the problems with the borrowers and especially the creapy male borrower wanting to drive with me all over the countryside to get his relatives to sign the docs and she still was angry I didn't return. I know lenders can and do fund without a 1003, none of these docs would hold up the funding. I asked her if she'd have preferred I'd played dumb and wait until we were contacted by the Title company or lender that these docs were missing? I told her I thought she'd be pleased that I was proactive when I realized the docs were missing.

I am new at the IC SA thing but I have been the title company and the lender in the past and I can tell you what these SS's are asking us to do sometimes is not necessary, to me it is a power trip, they hold our purse strings and will pull them. I am already getting fed up!

Reply by Becca/Fl on 3/15/05 11:59pm
Msg #25714

Re: What's the borrowers' problem?

WOW - call me re: the juicy details on who would expect you to drive all over the place for hours & not compensate you. The nerve.

Reply by Loretta Reed on 3/16/05 12:19am
Msg #25718

Re: What's the borrowers' problem?

Well, someone at the title company told me that they had informed the borrowers of the error and that I would be contacting them to meet them to sign. When I got the call that they wanted me to do it, and be compensated for it (at 5:30pm tonight), I called them. They had not heard from the lender, the title company or anyone else about the error. The husband borrowers is a police officer that had to get up at 5am for work and she left at 7:30am for work. They did not want to sign tonight. They had other plans already. I have to leave to go out of town and noon tomorrow so I could not sign the papers unless they did it in the early morning but they both travel to work at least an hour one way, so that was out of the question, they could not take off work this short of notice.

When they finally realized that their loan would not fund tomorrow without these 2 papers, they had no choice but to sign tonight. They met me halfway at a fast food restaurant, I pulled up beside them and handed the papers through the car windows for them to sign.
She did call me later and apologized for her husband's behavior.

Reply by BrendaTX on 3/16/05 12:54am
Msg #25726

Re: What's the borrowers' problem?

"She did call me later and apologized for her husband's behavior."

I'll bet she does that a lot. And, you have to wonder what it's like to have to call people and say "I am sorry my husband acts like he is four years old."

Reply by Kevin/Ct on 3/16/05 6:36am
Msg #25736

Loretta,

Stand firm in your position. It is the title company's/signing services contractual obligation to provide you with the documents they want signed and to inform you in the closing instructions and/or confirmation of such documents. If they have not done so, it is not your obligation to guess at it. If I recall you are a law student. Take a minute to review your notes from your contract law courses... unilateral contracts, bilateral contracts, quantum meruit, etc. When I sue people for contract breach, I usually plead several theories of recovery...express written contract, express oral contract, promissory estopple, quantum meruit, etc. If you did the work one of these theories will most probably work. You may have a jurisdictional problem though with taking them into a small claims court. Here in Connecticut we usually have a problem suing non resident defendants in small claims court, and have to file in Superior Court and depend on the long arm statute which can be a problem, depending upon whether they are present within the state or have had significant contacts with the state.

By the way I had the same problem last month with a title company. They called me to say that one of the closing documents was missing. When I reviewed their emails, it turned out that they never sent it. They wanted me to go back out to the borrowers to have it executed. I told them that they would have to pay an additional fee. Their response was that they would email the document to the borrower instead. Why they did not do this in the first place is a mystery.