Posted by SDgirl_CA on 10/13/05 3:28pm
Msg #70316

Invoice Clause Terms ...

I was wondering if any Notary includes a clause on their invoice to their client? I have been doing this for quite a while and the manager at a title company suggested I add a clause to my invoice for faster payment. In addition, he said having the borrower sign my invoice along with the docs ensures that I will be paid either by the company or the borrower even if the loan is cancelled. Has anyone tried this? TIA

Reply by Anonymous on 10/13/05 4:53pm
Msg #70341

I had my own attorney write up a declaration to escrow stating the borrower is still responsible for the notary fee if he/she descides to terminate the loan... us as mobile notaries do this to accomodate the borrower.

Reply by PAW_Fl on 10/13/05 5:51pm
Msg #70363

We'll have to get our attorneys to talk to each other. Mine told me there is nothing enforceable if I have the borrowers sign a statement saying they would need to pay me if the company that contracted my services didn't pay. Oh, they may pay because they don't know better, but a smart cookie just might say, "sue me." Then what? He didn't feel the agreement would be enforceable because there was no contract between the borrowers and myself.

Reply by Anonymous on 10/13/05 5:33pm
Msg #70358

At the beginning of the signing, I explain to the borrower that I'm a "local" just like them and not an employee of the TC, Lender or SS. I further explain how I was contacted via the internet directories to meet with them. At the end of the signing, I nicely tell them that if for some reason I get stiffed by the SS, they are responsible for my fee. I have never been stiffed by a TC or Lender...but have had a couple SS try it. I've always collected on every signing and in only one case did the borrower have to pay me. He did so gladly and then filed a formal complaint with the TC for his reimbursement. In very tiny letters at the bottom of my invoices it states " Borrower will be contacted for payment if not received within 60 days."

Reply by SDgirl_CA on 10/13/05 5:53pm
Msg #70364

Thanks, this is what I was suggested that I do, and it sounds like it is working for you. Do you have the borrower sign your invoice? If so, do you ever get questioned about your fee from the borrower? I get a lot of comments from borrowers just from them looking over the HUD and they are surprised by the fees and I usally say something like "no that is not just for this visit" or "there is more work involved than just notarizing the document".. how woould you handle this situation? THANKS

Reply by Anonymous on 10/13/05 9:38pm
Msg #70403

Any one have sample language

I would appreciate sample language on the invoice and trying to make borrower responsible?

I have all borrowers sign hold harmless agreements at the beginning of the signing. I got the language from someone here. They all sign it without batting an eye.

Reply by Anonymous on 10/14/05 7:53am
Msg #70443

Re: Any one have sample language

At the bottom of my invoices it states "Borrower will be contacted for payment if not received within 60 days." I don't have the borrower sign it. I have been asked about my fee on a couple of occasions and I show them the HUD and state " My fee is included in this figure" and then I point to that line.

I never tell them exactly how much I receive but if they press me further I say " I get about 1/3 of that figure." They usually say something like " Gee your getting ripped off." LOL. Hold Harmless is good. I don't do it tho...more paperwork. I just nicely leave the borrower with the impression that if I don't get paid I'll be back in touch with them for payment. Seems to work but I do a very good job of getting them to trust me while the signing is going on.

I tell them several times that my main responsibility is to them ie. confirming thier identity and witness/notarize THEIR documents. Always refer to the docs as " YOUR DOCUMENTS"...instills a sense of "ownership" in them for the signing. After all..you are in THEIR house, signing THEIR papers, for THEIR loan. Although you were contacted by a SS, you actually work for the BORROWER.

Reply by Anonymous on 10/14/05 8:05am
Msg #70445

Footnote: Any one have sample language

BTW, this "argument" has come up many times before. For any "Old Timers" who might read my advise and disagree about contacting the borrower. Consider this, you are building a relationship with each borrower in your hometown. I give each of them my card and tell them if they ever know of anyone who needs a notary to please call me. Further, as SA's isn't our first "duty" to each other ie. helping each other collect money and not the SS's? I sometimes wonder if certain SS personnel impersonate themselves as SA's in this forum because thier opinions always seem to be in favor of what's best for the SS and not the SA.

And for those of you who take being a SA a lil' too "seriously". IMO, you are a Notary first and a SA second. Consider this, you can be a Notary without being a Signing Agent. You CANNOT be a Signing Agent without being a Notary. Your main function is to notarize and it requires a state license. Anybody can be a SA...as we have clearly seen from some of the clueless "newbies" that have hit the market recently.