Posted by Anonymous on 4/21/06 11:42am
Msg #115104

What would you do?

I had a closing last night that was 1.5 hours from me. I'm on my way and my car starts overheating. I call TC - they are closed. I call borrower say sorry, can't make it. I have to start home. Now mind you in live in a very rural area...no gas stations for miles and dark roads. I call my father-in-law to meet me...thank god I just got a cell phone. Turns out he thinks it's my water pump. Car is in the shop today. TC calls me today all pissed off. The broker called them and said if I don't get myself out there and get them signed they will take legal action against me because I made a verbal agreement to do this closing and the borrower's rate expired yesterday so they want me to backdate as well. Geez, what the frig...was I suppose to continue driving, screw up my car, etc. Turns out I'm booked all day today so I can get out there until tomorrow.

Reply by SueW/Tn on 4/21/06 11:49am
Msg #115107

I have a plan for exactly the same situation...

We all know that we have no power over breakdowns BUT that doesn't make it easy for the borrowers or the SS/Title companies that hire us. I would have asked father-in-law to take me to my appointment OR notified borrowers I would be late due to break down and borrowed father-in-laws vehicle once I got my car to a safe place. I have two friends on stand by in case this ever comes up for me personally but I try to keep up the maintenance on my vehicle and if it coughs the wrong way we both go to the shop. The only time I can't cover myself is during bad weather and some of these nights I wouldn't ask a dog to go out!

Reply by BrendaTx on 4/21/06 11:52am
Msg #115111

**The broker called them and said if I don't get myself out there and get them signed they will take legal action against me because I made a verbal agreement to do this closing and the borrower's rate expired yesterday so they want me to backdate as well**

What would I do?

Set my jaw and do what is legal, lawful and within my power to accomplish.

To the broker, say "bring it" if you need to. Extract blood from a turnip, if you must. And, then you go on about your business. What??? YOU the notary will be sued successfully for NOT breaking the law by back dating? Poppycock.

Threats really tick me off.

Reply by SueW/Tn on 4/21/06 11:59am
Msg #115114

Oops, my bad, missed that "threat part"

I'm with Bren on this one...a threat will set off my radar in a heartbeat. You're right Brenda, BRING IT ON. Ultimatium's are a no-no, never threaten dear TC unless you fully intend to follow thru because I promise even if you're threatening a basket of poppies, I'm gonna set my jaw.

Reply by BrendaTx on 4/21/06 12:05pm
Msg #115118

Re: Oops, my bad, missed that "threat part"

But your back-up plan is very wise, Sue!

Reply by Marlene/USNA on 4/21/06 1:16pm
Msg #115135

I dunno, I'd sorta like a basket of poppies. . . n/m

Reply by Mary_in_VA on 4/21/06 11:59am
Msg #115115

I would NOT backdate any notarization for those jack***es!

However, there are "always possibilities"! Borrowers can hand date any date they wish (or, rather, lender wishes) on their documents. Most deeds of trust and mortgages have acknowledgements, not jurats, so the notarizations can be dated after the date on the documents or the date of "signing" (which can also be two different dates with a then 3rd date of notary acknowledgement!). Some lenders and TCs have no problem with this; however, my guess is that yours may not understand the difference between an acknowledgement and a jurat. (This is done all the time in cases of deeds: the deed prep date may show March 23 but the sellers don't sign until March 30th at closing.)

Reply by KS_king on 4/21/06 1:47pm
Msg #115144

LO trying to pin his/her loss on you. Rates not suppose to expire until funding dated. If it does, than LO did not check the calendar. Why, in the first place, did LO lock rates so close to closing date. So he/she lost some bucks by taking a hit on his/her commission. For that, they want you to perfom an illegal act? I would speak to LO's manager.

I had a similar situation where the LO wants me to back date because brws could not sign the day it suppose to close. I contacted LO's manager and she was shocked that her LO asked me to do such a thing and apologized.

Reply by taxpro on 4/22/06 1:17pm
Msg #115339

I'm shocked at the responses to this post. The broker and TC have every right to be upset, and I can't believe your cavalier attitude ("Gee, I'm booked all day today so I can't get out there until tomorrow" You made a commitment to do this signing, and if you've been a signing agent very long, you understand the time sensitive nature of loan documents. Now, you've caused a big problem for the borrower, the title company, and the lender, and you're not willing to adjust your schedule today to make amends for your screw-up? I realize that things happen sometimes that are out of our control, but you could have called the borrowers and said, "I apologize, but I will be late because I'm having car trouble," then asked father-in-law to take you to the appointment, or take a taxi, or rent a car, or call the borrower and ask them to pick you up, or something. You could have found a way to get it done, but it sounds like you didn't think it was all that important. No, I don't take kindly to threats either, but I wouldn't have treated my customers with that kind of disrespect.