Posted by Anonymous on 5/26/05 9:46pm
Msg #40709

who has control of the docs?

I am new to the business and have done around 25 signings thus far with no conflict with the clients. I made a mistake today with a signing that has me confused as to what is really the standard protocol. The doc’s were sent to the borrower, and when I arrived they had the originals spread out on her table with the copies neatly tucked in the folder. I sat there for a minute wondering how to get them organized as she was standing over them still going through them. I explained she would have ample opportunity to review the doc’s as she signed, and I placed the copies next to me as I was trained. After gathering up the mixed up documents to start the signing she asked for her copy to review more before she started signing. I explained again that we are going through each and everyone document during the signing and they could have the copies after we were done. Is this right or should I have given her the copies and let her review them while I sat there and waited? I would also like to add that I was early and called to see if they were perhaps ready a little sooner (20min early) and they replied “NO, I need the time to review these documents further”. I waited an additional half an hour and they still wanted to look through them. Does it really matter if they have the doc's before the signing is completed? I appreciate all comments!!

California Notary

Reply by Jenni on 5/27/05 12:13am
Msg #40734

In that situation I would of given them to her, only because the lender had sent them to the borrower and created the situation for you. You did fine. That will be a rarity. Most borrowers I have found, don't even open them. Good luck.

Reply by Jeanie-fl on 5/27/05 1:29am
Msg #40742

You needed to take control of the situation. I know it's hard to do when the BR's have the doc's spread out on the dining room table and they want more time to study them.

This is when you explain their 3 day right to cancel (assuming it's a refi on their primary residence). Next explain your job and state that by law you cannot answer any questions only general descriptions of the documents. Then explain that as you go through the doc's you will write down any question's they have for the LO. At this point you might need to explain the RTC once again.

If after 15 to 30 minutes this doesn't do any good step outside and call the SS. Tell them the situation and ask them how long you're expected to stay. If it's a no sign do they pay only a trip fee? What's the time limit for this fee? Will they pay the full fee if you stay longer (how much longer?) even if it still ends up as a no sign? If you have the time in your schedule to come back later that day request a trip fee for this visit and a full fee the return visit. Tell the BR's you need to reschedule for a later time that day so they'll feel more comfortable about signing. You can't coerce them and you don't want to sit there for hours while they make repeated calls to the LO.

The above sounded cut and dried when in reality it isn't. The more signings you do the more you'll get a feel for whether the BR's will likely sign in a timely fashion. If it's a steady client of yours spend as much time as you can without making yourself late for your later appointments. If it's a first time client or one that calls you only at the end of each month cut your losses.

Reply by TN NOtary on 5/27/05 7:53am
Msg #40756

Normally they are not supposed to open the docs until you arrive. Those are the way I get them when they go to the borrower. But each company is different. Were there instructions on the package? That is the reason they have the copies to be signed in a seal envelope so the borrowers can't make a mess of them.

Reply by Anonymous on 5/27/05 11:47am
Msg #40806

Thanks for the advice. I have decided that in the future I will explain prior to me arriving that the original doc's need not be touched until I arrive. This appointment really upset me, the person was extremly combative, and felt like fighting with someone, and I'm a lover not a fighter. I had another appointment that the borrower spilled their food and greese all over the originals's, Deed of Trust and all!! I didn't really care.... ALSO... The doc's for yesterday's appointment probably wont even fund, due to the BR not waniting to write out the last name. They used an initial for the last name, and I asked if they could sign it spelled out, and they replied NO, THIS IS HOW I SIGN MY NAME. I polightly explained that they are very pickey about this, and they didn't seem to care, and get this they had signed my journal the right way... go figure... I think I was up agaisnt an extreme control freak. BR - "I want to have the copies, I want to sign my name my way and, NO lyou can't come over 15 minutes early." uuuugggggggggggggg.... I am letting it go as I type right now.... ALL GONE.... Everyone have a great weekend if your not working!!!

California Notary Girl.

Reply by JanetK/CA on 5/27/05 8:46pm
Msg #40903

When I have docs going to a borrower, when I confirm the appt., I tell them they can go ahead and review the documents in advance (unless I have instructions to the contrary) to make sure everything is as expected and to address any issues before I get there, but to PLEASE keep them in the same order. At the appt. I put their copies aside advising them that we don't want them to get mixed up with the originals, that it would be a BIG problem if one package ended up with two of one document and none in the other. It's never been a problem for me. You could also suggest that you might be able to help them find the answers to their questions [not answer the questions for them!] as you go through the package. And going over the most important docs first (e.g. RTC, HUD, Note, TIL, etc.) can help put them at ease re: the terms. Then if a call to the LO is necessary, you have time for them to leave a message and wait for a call back. (One can hope...)

As you get more experience, you will get better at putting the borrowers at ease, but there are some people who just like to be combative. Could be that they didn't trust their LO, they're in a bad financial situation (likely of their own causing) and you're someone convenient to take it out on.... Personally, I think the LOs should go over all the terms with them before we get there so that there are no surprises. Again, one can only hope!