Posted by Sylvia_FL on 9/12/05 8:15pm
Msg #64850

Dishonest Settlement companies!

Dishonest is the only word I can think of to describe the actions of a settlement company.

Did a signing for them 25th August. On the notary certificate I crossed out "husband and wife" as it does not belong on there. Then I get a call from the company asking why I crossed "husband and wife" out. I explained why. Then they wanted me to send them a loose certificate for the mortgage. I refused, as the one I signed and sealed was fine, and I cannot send out loose certificates.
I get the check today, and they have deducted $25 because the wife "over signed" as she signed with her middle initial. But, that is her legal signature,she always signs that way, and it is that way on the previous mortgage. She is not on title, so they could not have got the name from the title.

I go to the county clerk's office online, and the mortgage has recorded with her middle initial without a problem. But not only that,there are now 2 witnesses on the mortgage! There were no witnesses as Florida doesn't require them. So, I went through all the signings I have done for this company this year, and on each mortgage there are two witnesses - the same 2 in many cases. But not only that one of my notary certificates has been altered!!!

I plan on going to the county clerks office to let them know my certificate has been altered and witnesses have been added to the mortgages, and to find out how I lodge a complaint against the company.

Reply by Barry Silver on 9/12/05 8:54pm
Msg #64855

Sylvia:

This is without a doubt outrageous behavior. I hope you do take this all the way to the top. These people have apparently perpetrated fraud on the lenders, the county courts, the borrowers, the title insurance companies, and they have apparently conspired to do so all along. They have left for themselves one very nasty paper trail of their very naughty behavior. Moreover, they have left you wide open for a cement load of legal problems. You might think about making an appointment with a solicitor to protect yourself from any wrong doings.

Furthermore, if anyone needs to be convinced as to why notaries should have E&O, this is an excellent example. The E&O policy would more than likely cover the insured as the insured has not committed an illegal act, but may be the victim of an illegal act, and more than likely, the insurance co. issuing the policy will provide the insured with the free legal defense to which the insured is entitled.

I know you are more than capable of truly putting these people in their places, but please let me know if there is anything I can do to assist you. I have many resources available to assist.

Reply by BrendaTX on 9/12/05 9:09pm
Msg #64857

Wow, Sylvia.

I realize the witnesses do not make a big difference on the mortgage for the bwrs, however, if these people will alter a document of that nature they will alter others, IMHO.

( It would really be a rip for me...In Texas, if there are witnesses on a document, you have to gather all their info for the journal. )

That's pretty much doing something fraudulent, isn't it? I think they did it to make a set of docs compliant for a mortgage company who was going to shop the loans or a certain company who will buy the loans. Just a guess, I am not that Up on all the requirements and things of that nature, or how to say it. However, I guess they probably had to have all these ducks in a row and they made it happen by adding witnesses post notarization.

They should NOT have shorted Sylvia's check. That $25 savings is going to cost some professional licenses, I'll bet.

Keep us posted.

Reply by Margaret_FL on 9/12/05 9:23pm
Msg #64861

Take this as far as you can. I once had an attorney refuse to pay me $3,000 he owed me for work I did for him. I too discovered some illegal acts being performed while I was working for him. I reported him to the Florida Bar and the IRS. He was disbarred, lost his practice, lost his home. All because he he decided to mess with the wrong person.

Reply by Becca_FL on 9/12/05 9:36pm
Msg #64865

Find out what Title Co (Common Wealth, Old Republic, FAT, Attorneys, ect.) underwrote the policy. Then, just go online, find out the phone number for their underwriting counsel and give them a call. I've only done this once, but it did the trick.

If you need any help, I'm just a phone call away. Good luck!

Reply by Sylvia_FL on 9/12/05 9:45pm
Msg #64867

Re: Dishonest Settlement companies! - Becca

Title insurance fee was paid to Ticor Title Insurance.

Reply by Becca_FL on 9/12/05 9:51pm
Msg #64870

I'm on it............n/m

Reply by Becca_FL on 9/12/05 9:57pm
Msg #64873

Sylvia, funny how this was the same TC...

that I had my problem with. Here's the number I called to get it taken care of:
Legal (888) 934-3354

Reply by NY_TaxLady on 9/12/05 10:08pm
Msg #64877

This what this board is all about

Helping. We are all with you Sylvia

Reply by Sylvia_FL on 9/12/05 10:23pm
Msg #64880

Re: Sylvia, funny how this was the same TC...

Ticor was the one listed on the HUD who issued the title insurance.

They weren't the Settlement company who altered my notary certificate and added witnesses.

Reply by Becca_FL on 9/12/05 10:48pm
Msg #64886

Re: Sylvia, funny how this was the same TC...

It dosen't matter.

If Ticor is underwriting the policy, they NEED to know that one of their settlement agents is not adhering to the law. Ticor has a vested interest as they are the party insuring the title.

The settlement agent acts for the underwriter clearing title issues, holding/disbursing escrow and complying with both lenders instructions and underwriter/examiner instructions.

Reply by christiSocal on 9/13/05 2:13am
Msg #64896

WOW, remind me Never to mess with notary ladies! :) n/m

Reply by Charm_AL on 9/13/05 8:22am
Msg #64911

so, after you send them back, they add a witnesses to your certs? wow

Reply by Art_MD on 9/13/05 8:31am
Msg #64917

A number of years ago, a woman sued Sears. She won in small claims court. Sears didn't pay. She filed a lien against the local store and had the local sheriff padlock the doors of the local Sears store. When the manager tried to enter by removing the chain, the sheriff told him if he touched it, he was going to jail. She received her payment within the hour - in cash.

Art

Reply by Sylvia_FL on 9/13/05 11:23am
Msg #64940

I called the company involved. Didn't mention about adding witnesses, or adding to my notary certificate. I called to get the $25!
They said they will send it, but the wife signing with her middle initial created a problem. I told them that I know they didn't change the mortgage as it has recorded. The person I spoke to said the documents have to be sent out again so the wife can sign without her middle initial and then the mortgage has to be re-recorded!
I suspect that if the docs had to be resigned they would have called me to go back out and do them at my expense!
I did let them know that I would be watching for that mortgage to be re-recorded!

Reply by DC_NV on 9/13/05 7:22pm
Msg #65021

Sounds pretty dishonest, I would start with the Fraud Division in your state and include the BBB.
You just have to wonder where these companies get off trying to mess with the independent contractor.?