Posted by Anonymous on 3/10/06 2:44pm
Msg #103962

Collections

Where do you start if you want to file collections on a signing service?

Reply by kkdmiddleton on 3/10/06 3:17pm
Msg #103970

If you use Microsoft Word, they have a template for a collections letter. It looked pretty good. Haven't had to use it yet, but downloaded it just in case. Click on the download templates online and go under the business downloads.

Reply by CalGal on 3/10/06 3:40pm
Msg #103977

Thanks for your input.

Reply by FlaMac on 3/10/06 7:46pm
Msg #104003

You might start by calling the title company..

They want to know when signing service's are not paying the signing agent's. It allows them to stop using that SS and find a better agency or (hopefully) go notary direct. If that doesn't get you paid then you have many options.

Some are: filing a suit in small claim's court (low chance of ever seeing a dime especially if the SS is in another state), writing it off as a bad debt and deducting it from your gross income when you file your taxes. Or, call the borrower and nicely ask them to contact the SS on your behalf. If they volunteer to pay you then even better because then they can file formal charges against the SS. If the TC's become aware of deadbeat SS's it give's them very good reason to use notaries directly and quit outsourcing our services. JMO, of course.

Reply by MichiganAl on 3/11/06 1:39am
Msg #104022

Please stop giving your advice on these kind of posts

FlaMac, with all due respect, this is just awful advice. For the love of God, do not call the borrowers. This has absofreakinglutely nothing to do with them. Why in the world would the borrowers pay you a dime? They've paid their fees, they've closed their loan, this doesn't involve them. If the title company, mortgage company, or signing company ever found out you called their borrowers to beg for your fee or ask them to beg on your behalf, you'd never work for any of them again.

Reply by LilyMD on 3/11/06 6:45am
Msg #104035

Re: Please stop giving your advice on these kind of posts

Yes, you don't realize that some new and inexperienced SA could think calling the borrower is a way of handling issues. What calling the borrowers could do is get you sued. Or arrested if you continue. Harrassment is what it's called if they choose to do so. You can have your humble opinion but the truth is, you are giving the worst advice and making an joke of yourself.

Reply by FlaMac on 3/11/06 7:22am
Msg #104039

Lily and Al..........

First, the borrower has every right to know that the funds were not dispersed as the HUD indicated. They assume that once they sign it; all will be done properly by all parties involved. That's why the Feds require the HUD.

Second, if the TC's are made aware of the non-paying signing service they will discontinue using that company. And maybe start using notaries directly.

Al, no disrespect taken. We all have the right to our own opinion.

Lily, I see nothing of value in any of your postings. Please take a refresher and read the NR "Rules and Guidelines". You will find that insulting others is a no-no. You do that alot and ALL of us would appreciate it if you would somehow become a professional. If you can't say something constructive and useful in a nice manner than simply keep your thoughts to yourself. JMHO, of course.

Reply by LilyMD on 3/11/06 7:29am
Msg #104040

Re: Lily and Al..........

FlaMac, you may see insults, that's you're problem. I've been around a heck of lot longer than you and can honestly say that if you're doing something that's a big no-no, and you are, the members of this community will call you on it. As for seeing anything of value in my postings, I could care less what you see. It's your postings that has everyone in an uproar. I've never had anyone attack any post of mine like the majority of yours are constantly attacked. Why? I don't tell people to run out and whine to the borrower because I've been stiffed by some deadbeat SS. The truth is girlfriend, most SA's strive to work for TCs to avoid this type of issue. Perhaps when you get enough experience you can do the same.

Reply by Brenda_NC on 3/11/06 7:33am
Msg #104041

Re: Lily and Al..........

What an uninformed, unprofessional, uncoothed, babbling idiot you are, FlaMac. JMHO.

Reply by LilyMD on 3/11/06 7:34am
Msg #104042

Re: Lily and Al..........ROTFLMAO!!!!!!!!!!!! n/m

Reply by FlaMac on 3/11/06 7:38am
Msg #104043

Are you a Signing Service pretending to be a SA on this site n/m

Reply by Beth/MD on 3/11/06 7:44am
Msg #104047

Re: The truth is FlaMac

I can honestly say I've received lots of great advice from Lily and MichiganAl and just about everyone that posted against your advice. So it seems if anyone's post should be seen as useless.....................

Reply by Brenda_NC on 3/11/06 7:48am
Msg #104049

Re: Are you a Signing Service pretending to be a SA on this site

Are you asking me this? I have also been a paid member for a long time. Quite frankly I only post when something spurs a reaction. Your post spur reaction, unforturnately, it's not good.

Reply by AngelinaAZ on 3/12/06 1:29am
Msg #104212

I also think it is ON PURPOSE!

Does anybody else see a pot stirrer here! There have been many people (including me) to respond NICELY to the BAD ADVICE about calling the borrowers and still she keeps dishing it out... sounds to me like FLAMAC is picking a fight!

Everyone is entitled to their own opinion (even if it is bad) but she could at least respect the consensus of her professional associates on this one and stop telling others to do it.

Reply by LawrenceOK on 3/11/06 7:53am
Msg #104051

Re: Lily and Al..........

I agree that the borrower has every right to expect that the funds shown on the HUD are disbursed, but rarely is the sa's name ever on the Hud. The disbursement shown to the SS would tell the borrower the signing costs were paid out. I would never call the borrower for payment, I go to the TC or Lender.

Reply by FlaMac on 3/11/06 8:25am
Msg #104063

I had to look this one up..been awhile since I read it..

And I can only speak for Florida. As a signing agent, contracted thru a SS, you are considered a subcontractor. If final payment is dispersed and the contractor does not pay the sub then he/she has the right to collect and also place a lien against the customer.

Thankfully, over these many years, I've had very few problems getting paid. But, I'm very careful who I work for and I don't start collections until an invoice is past 60 days. I can't think of one Title Company or Lender who never paid me properly..only signing services. What does that say for thier industry?

I do many signings for an attorney here in town. He is the one who first advised me to call the borrower if for no other reason then to inform them that all was not done properly. The TC's do have a responsibility to protect the SA in some respect if the SS is bad. But, they are all simply much too busy to help or police the industry. I worked for a TC for several years and it's a constant "mad house".

As for the "cat fighting"..I bet the men on this site get a real giggle As I said earlier, I ignore the nonsense and don't even thier postings.

Reply by PAW on 3/11/06 11:35am
Msg #104098

Re: I had to look this one up..been awhile since I read it..

>>> And I can only speak for Florida. As a signing agent, contracted thru a SS, you are considered a subcontractor. If final payment is dispersed and the contractor does not pay the sub then he/she has the right to collect and also place a lien against the customer. <<<

Well, you better look it up and read it again, all the way through this time. You cannot place a lien on the borrower's property unless there is an increase in value of the property as a direct result of the work performed. Trust me, your work as a signing agent does nothing to the value of the property.

Besides that, you have NO CONTRACT with the borrower. There is no contractual relationship between the singing agent and the borrower, in most cases. The SA contracts with the SS. The SS does not have a contract with the borrower either. The SS has a contract with the title company. BTW, the title company does not have a contract with the borrower either, except as a third party contracted by the lender. It's the lender that has the contract with the borrower. The title company may or may not be listed as an affiliated business, but I can almost guarantee the signing services and signing agents are not listed.

Also, while I'm at it, you always say the you "can only speak for Florida". Please don't do that. You can speak for yourself, but don't include the entire State in your rantings. I don't want to be a participant in your misinformation.

Reply by Charm_AL on 3/11/06 11:42am
Msg #104099

Re: I had to look this one up..been awhile since I read it..

***Also, while I'm at it, you always say the you "can only speak for Florida". Please don't do that. You can speak for yourself, but don't include the entire State in your rantings. I don't want to be a participant in your misinformation***

AMEN PAW!!!! thank you!

Reply by FlaMac on 3/11/06 12:06pm
Msg #104104

Why do you care about Florida laws? You live in Alabama..

and I know the statutes for my state very well. Although, there are some here who profess to know the law's; they do not. I am not one of those.

I think you just like to argue with people and stir the pot. That said, I will not post anything to your comments anymore whether I agree with you or not. That way, your feelings won't get hurt when I disagree with you Have a nice weekend, Charm.

Reply by Charm_AL on 3/11/06 12:11pm
Msg #104105

Re: Why do you care about Florida laws? You live in Alabama..

Fla...re-read PAW's comments...I do not need concern myself with Fl laws, only those who are self purposed know it alls... you really need to educate yourself and quit thinking you are helping anyone with all the wrong/bad advise you so freely spew here.

Reply by FlaMac on 3/11/06 12:26pm
Msg #104106

Thanks for not cussing this time. n/m

Reply by CaliNotary on 3/11/06 1:09pm
Msg #104114

Give me a break

ass ass ass ass ass ass ass ass.

If it can be used in prime time TV and PG movies, it's really not profanity. Get over yourself.

Reply by FlaMac on 3/11/06 12:56pm
Msg #104109

You might want to check your county laws on that one..

I can only speak for Orange County, Florida. Every county has it's own contractor lien law. When I say " I can only speak for Florida"; I am saying " What I'm about to say only pertains to Florida". I think most folks with common sense realize that on thier own.

There are many types of liens. Where did I say a property lien? Further, if you would sit down with an attorney and ask him these questions; you would possess more accurate information. Once the appraisal has been completed, if it show's an increase in value and they all do in our case, your obligation of proof has been met. It can be argued either way in court and your's is only one interpretation; just like mine. Anyone who has experience in the law know's that an attorney looks to the court to rule on the interpretation.

I've lived in Florida all of my life. Have you? I don't profess to be right all the time. Do you? I'm very careful who I associate with..and I said all of that without cussing or personally insulting anyone. JMHO, of course.

Reply by PAW on 3/11/06 3:09pm
Msg #104147

Which "lien law" are you referring to?

The Construction Lien Law or the Commercial Lien Law? Which, btw, neither would cover this situation. Please educate me.

BTW, you cannot place a lien on a person. If it's not property, then what is it? By definition, a lien is the right to take and hold or sell the property of a debtor as security or payment for a debt or duty.

Reply by FlaMac on 3/11/06 3:27pm
Msg #104150

Re: Which "lien law" are you referring to?

Please do your own research by using the Search feature. This was already discussed in the previous posting. The law's for your county and this beautiful home state of mine are there for all who choose to take the time to read them.

I've chosen not to participate in your misinformation or have my own postings distorted by others. I am very careful who I associate with... With that said, let this be my final comment to you directly. Good Luck in your business endeavors and I hope you have a great year

Reply by PAW on 3/11/06 5:07pm
Msg #104159

Re: Which "lien law" are you referring to?

What was previously discussed, as I remember, were mechanics liens, which is the same as a Construction Lien in Florida. I found no reference to any other "lien" against a "borrower" using the search feature. Can you please tell me what I'm missing.

Reply by MichiganAl on 3/11/06 7:08pm
Msg #104173

What you're missing...

is you're trying to have a reasonable conversation with someone that's being completely illogical. We're all wasting our time. Some people refuse to see when they're wrong, even when the truth hits them in the face like a frying pan.

Reply by FlaMac on 3/11/06 8:36am
Msg #104066

SS usually isn't listed on the HUD..no name is given..

but the Borrower assumes that all will be done on the "up and up", on thier behalf, when they sign. But, when you are working directly for the TC, you will see your name inserted on the HUD under "notary"..it's a good feeling

Reply by Charm_AL on 3/11/06 8:45am
Msg #104068

Re: SS usually isn't listed on the HUD..no name is given..

Jesus Christ already...would you just shut the hell up?????

The TC is listed on the HUD....I've never had my name on a HUD, although I keard a few that have. Very far and few between.

Why do you keep making claim that you are Florida's freaking spokes person on notary law?!
You've been corrected on several occasions by several posters. Stop already and quit telling these people to collect from borrowers, in you narrow little world your 'attorney' advice was wrong for our industry. Get off the soap box already, and get educated.
and BTW: you should be picking splinters out of your ass from all the fence sitting you do....pick a side and jump!

Reply by Beth/MD on 3/11/06 8:54am
Msg #104069

Re: FlaMac, I'll let you in on a little secret....

Not all laws work exactly as worded. And no matter how many times you read it and think it applies, it may not be pertinent [sp] to a particular situation. We have millions of laws in this country and the truth is...they're only as good as a ruling courts decision. And that's both legal and civil law.

Reply by FlaMac on 3/11/06 10:15am
Msg #104080

Your profanity and insults make all of us look bad. It's..

totally unnecessary. But, you have the right to present yourself to folks the way you choose. Please read over the NR "Rules and Regulations" and if still unsure of how to hehalf; write Harry for a clarification.

Just because I agreed with you about something on Wednesday does not mean I will agree with you on a different topic on Thursday.

Reply by Charm_AL on 3/11/06 11:10am
Msg #104092

Re: Your profanity and insults make all of us look bad. It's..

oh I'm so so sorry to the whole world that I said ass...Harry, please don't take away my posting privileges.

Let me go look at the rules and regulations and say 10 Hail Mary's....I'll learn how to behalf and tow the line.

Reply by PAW on 3/11/06 11:18am
Msg #104093

Re: Lily and Al..........

>>> First, the borrower has every right to know that the funds were not dispersed as the HUD indicated. They assume that once they sign it; all will be done properly by all parties involved. That's why the Feds require the HUD. <<<

What makes you think the SS fee is even listed on the HUD? Many times it is not. Many TC's have contract agreements with SSes and those fees are not necessarily listed on the HUD.

>>> Second, if the TC's are made aware of the non-paying signing service they will discontinue using that company. And maybe start using notaries directly.<<<

First part of that statement is probably true, but the second part is not likely. If a TC has a problem with a certain SS, they will change to another SS before bringing the operation in-house. There are many reasons why TC's don't do the contracting themselves, and much rather use a Signing Service.

>>> We all have the right to our own opinion.<<<

And this is mine.

Reply by FlaMac on 3/11/06 11:28am
Msg #104094

And I respect you for it:) n/m

Reply by MichiganAl on 3/11/06 1:05pm
Msg #104113

Staying out of the cat fight, but...

"First, the borrower has every right to know that the funds were not dispersed as the HUD indicated."

So, if the county doesn't get their recording fee as indicated on the HUD, they should contact the borrower for payment, ask the borrower to get it on their behalf, or put a lien on the borrower's home, right? A little common sense, please.

"if the TC's are made aware of the non-paying signing service they will discontinue using that company. And maybe start using notaries directly."

And you need the borrower to do this? YOU contact the t.c.

I can see that neither facts nor logic are going to get through to you. I hope your advice doesn't cause someone to permanently damage their business or reputation.

Reply by FlaMac on 3/11/06 1:24pm
Msg #104118

Yes, the county could lien your property...

for non-payment of recording fee's. But, in my area, they would return the mortgage un-recorded to the TC if it showed up without payment.

If you are a homeowner and you escrow your property taxes, the company does not pay them on your behalf, my county will lien your property. It is not the county's problem that the third party you hired to pay your taxes did not do so. Just one of many reasons to monitor your escrow account. Might want to check your home county/state....

Reply by Charles_Ca on 3/11/06 8:54pm
Msg #104187

First of all the word is disBursed form the Latin Bursa

meaning purse. Secondly you don't speak for me, what gall to assume that you aspeak for "ALL" of us of course I realize that you ahve believed that before. While you are at it why don't you go running to Harry and tell him the other kiddies aren't playing nice the way you think they should, just like you have in the past.

Reply by BrendaTx on 3/11/06 3:46pm
Msg #104151

Re: Collections: Here is how I do it. Msg #74932. n/m

Reply by FlaMac on 3/11/06 4:42pm
Msg #104158

WOW! Thank you very much for the great info...

and I am very glad you got paid