Posted by Tracy_ME on 6/30/06 8:35am
Msg #129919

Lost Documents

I completed a signing Monday night (9:00 pm) and dropped the docs Tuesday morning. UPS scanned the docs at 1:27 pm on Tuesday. They have never been scanned again... I have been in contect with the TC many times since yesterday. I called them again this morning to see if the docs have been found/delivered. No such luck. However, TC told me that docs may have to be resigned today and dated for MONDAY 6/26. I told them "no can do". I understand that the docs are lost but I cannot change todays date - today is the 30th and I must notarize as such. TC seemed shocked and upset at my response.

I have only been doing this for 6 months and have not experienced the lost docs scenario. I am almost willing to re-sign for first fee only as a courtesy but I will not back date. Is this a fair compromise or should I expect additional pay if I re-print/resign?

Tracy

Reply by cntrlcalntry on 6/30/06 8:46am
Msg #129920

Full price resign you did your job and are not resp. for UPS n/m

Reply by Tracy_ME on 6/30/06 8:50am
Msg #129921

TC just called me back again regarding back dating...."You must be new, I am a notary and I would be perfectly comfortable back dating, you are not really back dating," blah, yada, blah.

I told them if the State said it was ok - I would do it. I have a call into the the State of Maine have explained the situation and am waiting for a call back. I have not addressed the $$$ issue yet.

Reply by Laura Upton on 6/30/06 9:17am
Msg #129924

Tracy,

backdating in any state is a no-no. They (the ss / tc) are just trying to get you to conform to whatever their need is. Backdating can cause you your commission. YOu have the proof you need that you did your job, UPS scanned the documents. If UPS lost it, its not on you; that is a risk the TC/ss takes when they ship things thru a company...every one that ships thru a company whether it be fedex, ups, dhl, whomever, takes the same risk. Do not risk your commission just because the unfortunate happened and the docs were lost by UPS.

If they want you to resign, and you are comfortable doing it, then do it. However, I would resign at todays date (or whatever day you sign) and tell the tc company that is just the way its going to be. They do not care about your commission, but you have to. Its your bread and butter. They dont care if you lose it, they will find another notary to replace you. Protect your commission! And do not feel bad about doing it, its absolutely what you are supposed to do!

Have a good day, Laura

Reply by Tracy_ME on 6/30/06 10:07am
Msg #129935

Thanks for your response(s) and advice. I knew that back dating was not an option as far as I was concerned. She was not going to take no for an answer so rather than "offend" her - I am VERY capable of telling them where to go - I offered to call the state and would do as instructed by the state. We all know what they said at the Secretary of States office.Now - they do not want me to go back out .... They will have to come up with "another solution"...

I was more curious about the $$$ if I were to go back out to resign. I do feel bad that the docs were lost. I feel bad for the borrowers that expected funding today. But there is nothing to be gained by illegally notarizing documents.I have my own tax business as well. I am an "enrolled agent" with the IRS. I would be jeopardizing not only my notary commission, but also enrolled agent status and the ability to electronically file tax returns. I will not jeopardize my future because UPS lost the docs.

Reply by Laura Upton on 6/30/06 9:21am
Msg #129925

as for the money issue, I would consider doing the signing for a 'reduced' fee as a Courtesy to them. However, i would take into consideration, time to drive, download papers, and also the fact that they are asking you to do something illegal (backdating). So, if you did it for say 150.00; tell them you will go out again for 125.00 as a courtesy; provided they also pay you for the first signing as well. (which they SHOULD without question.)

as for the tc notary that said she would be perfectly comfortable signing backdating; she is just someone on the phone and they say that all the time. Any legitimate notary knows that backdating is Not an option.

Reply by MistarellaFL on 6/30/06 10:41am
Msg #129960

What I'd tell title, (just to mess with them)

If it's OK to do it, then have the brw's sign everything and send to you.
You can notarize everything with the incorrect date.....

I hate to lose title business, but given they are asking for an illegal transaction, let them be the ones performing the illegal act(s).

Reply by SueW/Tn on 6/30/06 10:56am
Msg #129967

oh Misty you win! Best post of the month! I love it!! n/m

Reply by MistarellaFL on 6/30/06 11:07am
Msg #129973

Sue

thanks for the compliment.
I am learning to think on my feet, LOL
After been asked to perform said illegal acts many times,
I had to come up with a good response for them.

Reply by Marlene/USNA on 6/30/06 12:01pm
Msg #129996

Re: What I'd tell title, (just to mess with them)

Or have them put the specific request in writing to you - won't happen.