Posted by Frank Calderone on 12/9/06 7:06am
Msg #165015

PA Settlement Question

If you don't get paid for your service (and it looks like these people are theives) I was wondering if I should call the borrower and tell them they were over charged on the settlement statement? I believe they have recourse to go back to the lender and question the settlement. Opinion?

Reply by ssqu/ky on 12/9/06 7:25am
Msg #165017

Calling the borrower in my opinion is not a smart move. They are not the hiring party. You have other resources; collections, maybe calling the lender. How long has it been since you did the signing?

Reply by Frank Calderone on 12/9/06 7:34am
Msg #165019

I did the closing on October 3. The borrower and I have a relationship that would allow this in this case. I wouldn't do it with just any borrower.

Reply by ssqu/ky on 12/9/06 7:51am
Msg #165021

Frank..

I think you will open a BIG can of worms! having a relationship with the borrower does not matter. If the borrower calls the lender a say; hey by the way the notary did not get paid yet for my signing.
Lender: how do you know this?
Borrower: Frank the Notary told me he didn't get paid.
The next thing you know the lender is making sure you are not signing anymore of his/her loans. Frank do you see what happened here? I would try another avenue, Good luck!

Reply by Frank Calderone on 12/9/06 8:07am
Msg #165022

Re: Frank..

Maybe you are right. I have tryed calling 1st Magnus Financial Corp. with there loan number but hey sold it to CitiFinancial. Tryed them and also contacted the BBB. I hate to let theives take my hard earned money. I will think on what you said but I am not ruling it out at the moment.

Reply by MonicaFL on 12/9/06 9:23am
Msg #165026

Frank, I had a similar situation only with another company. What I did was - sent them an e-mail and told them that the borrower and I were very good friends and I don't think they would like it too much if they knew I hadn't been paid. (She asks me all the time if I have been paid yet). I also told them that she has made the statement that If I don't get paid pretty soon, then she is going to call her loan officer and find out exactly why I haven't been paid since I did my job and was supposed to be paid for it (and she was paying for it but the signing company wasn't paying any attention to my "plea" for payment). Got my check yesterday. Just my opinion but it might work for you. (This is a true story and the borrower and I are very good friends). Just relating my own experience. It wasn't with PA settlement though.

Reply by DD/OR on 12/9/06 11:01am
Msg #165034

Frank, I would call Title and SS and tell them you expect your check to be overnighted by FedEx or you will do the following:
1) Call the borrower and let them know you haven't been paid, whether they're friends or not. For one thing, its illegal to charge the borrower for the notary fee and not pay the notary. The borrower could then have the option to demand their money back for the fee. Sometimes the person at the title co and SS are friends or relatives and are working together to defraud the notary. That has been my experience.
2) The Title co, mortgage co & signing service should be reported to the Financial affairs dept of the state they're in (the dept that oversees mortgage loans). They will be very interested to know how this company conducts business. Contact BBB. Also you can file a small claims case, naming all of them as defendants. That will get the ball rolling. My guess is that if you do the above, you will get your check before you have to go to court. Good luck.

Reply by Frank Calderone on 12/11/06 7:19am
Msg #165205

Thank You. I have filed a complaint with the BBB. I plan to visit the magistrate since the signing occurred in my location(town) and try to file there. I also will go online and see if I can file with the State or Federal Government. I like you believe that they have violated RESPA. If a state offical (Notary), is brought in to do a closing and is not paid, but there is a charge for the settlement then I like you believe the customer has been defrauded out of there money if you are not paid.