Posted by Joanne_SL on 11/4/05 1:40pm Msg #74314
Don't give a full copy of package
I just got a request for a closing and the instruction said to only provide borrower with Truth in Lending/Hud, Mortgage, Note and RTC. I think that this is kind of wierd. Any ideas why?
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Reply by Anonymous on 11/4/05 1:41pm Msg #74317
Yes, it's illegal to not give a full copy. That IS weird that they would tell you that.
Anon1
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Reply by ColleenCA on 11/4/05 1:44pm Msg #74319
Hmmmmm...very strange. The only thing I could think of is; do they already have a copy from a prior signing gone bad, and that is why you only need to leave the requested copies? Other then that the only thing I can think of is that they are hiding something. I would call and ask. Let us know please.
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Reply by PAW_Fl on 11/4/05 2:56pm Msg #74352
Please show me (and I don't come from Missouri) where it states that it is illegal not to give a full copy or that a lender is required, by law, to give a borrower copies of all documents.
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Reply by BrendaTx on 11/4/05 5:07pm Msg #74426
While I am not for not giving a full copy, I don't know if we can say it is patently "illegal."
I have romped and stomped on this one before today...I think it is unethical to provide the slight package --but, as notaries/signing agents are we doing something "illegal" to take a shorted package. But, please note...I won't do it!
Illegal usually implies criminal. Criminal laws are different ... aren't they? Any "jailhouse" lawyers here?
PS: Disclaimer: Not practicing law. Merely bringing the topic up for discussion/clarification.
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Reply by Paul_IL on 11/5/05 1:32am Msg #74515
It is not Illegal to give less than a full copy of the package. Many things in the package the borrower has NO need to have such as the W-9, 4506, Signature aff, Name aff .
Get a clue before you go spouting incorrect information..No wonder you posted as Anonymous
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Reply by Art_MD on 11/4/05 1:43pm Msg #74318
That is the minimum required. Very surprised. There are a lot of docs that have meaning to the borrower - escrow, affidavits, credit report, etc No idea why. Art
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Reply by Joanne_SL on 11/4/05 1:52pm Msg #74327
When I contacted the SS, they said that that is the deal they have with title company, and that my fee won't be increased if I give them a whole set. I explained that with the conditions on the mortgage, note, etc., prepayment penalty, balloon payment, I was not comfortable providing them with a partial set - i.e., the borrower would not have access to all documents during recision period. It sounded a bit odd to me, but I am giving them a whole set.
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Reply by Calnotary on 11/4/05 4:59pm Msg #74421
I had one, that the lender didnt even provide with copies of the rtc. I asked the borrower if they wanted to have copies of the signed rtc forms. She said that the bank told her that she can go ahead and print all she wanted in the banks website. That all her file was in their website and thats why they werent providing the copies.
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Reply by thnotary_NY on 11/5/05 7:51am Msg #74525
If they are paying you for printing, what possible difference is there if you print the bwr. copies, aren't they included in the price.? I could see it if they wanted to pay less. And if that were the case, we should get more, with all the fax backs, second and third copies of mortgages and such. IMHO.
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