Posted by Svitlana NotariesExpress on 3/17/06 2:32am
Msg #106082

Notary no show. What would you do?

I hired a notary to do a signing in Alameda county the other day. It was a sellers package The signing was at 6pm. Notary was to pick up docs at the Title Co. at 5pm. He was advised that the doors closed at 6pm. He didn't show up to pick up docs till after 6pm, no calls to Title Co, SS or Sellers. He assumed that the docs would be left down stairs by the door. Anyways, Seller is having to pay additional fees with not being able to record on time. I also had to hire 2 notaries to sign the husband and wife at work the next day. Title Co. wants me to pay for additional interest fees and cost and waive my signing fee. Notary had cell phone # of all parties involved, including myself. I spoke with notary and he stated that since there was no contract, he was not responsible for completing the signing, even though a confirmation was emailed and he confirmed that he received it. Should the notary or I be responsible for all the fees?

Reply by Kid_CA on 3/17/06 2:40am
Msg #106084

Ouch, that must hurt. You probably won't get anything out of them so if it were me I would write them off and not do business with them again. Unless of course there was a valid reason for the failure. Then I would negotiate the next time you do business with them. Just make sure you let them know how much it hurt you.

BTW, I so your other post and went to the site and looked at the contract. I don't understand the no pay fees. Can you explain? Also, the company is in CA but your post says your are from AK. Is it your company or are you a contracter.

Reply by Nd_WA on 3/17/06 2:45am
Msg #106085

Sounds like a miscommunication somewhere regarding the pickup. I'd be incline to know what course of action you take to make that notary responsible for your loss.

Reply by PAW on 3/17/06 7:19am
Msg #106105

My take is that you need to rectify the situation with the title company. They contracted YOUR services, not the notary's. Therefore, you need to work out the financial arrangement with the TC.

But, you also contracted with the notary for a job to be completed. Obviously you suffered damages because of the actions of your subcontractor, so you need to seek recovery from your subcontractor (notary).

In short, to answer your question, YOU are responsible to the title company for the fees per the agreement between you and the them. The notary is responsible to you. If part of your agreement with the title company is to rectify the situation by paying the additional fees, then so be it. It is a business arrangement. You then need to seek restitution from the notary, if you can.

<< The preceding is personal opinion and is not to be construed as legal advice nor a legal opinion. >>

Reply by Terri_CA on 3/17/06 10:10am
Msg #106176

I concur with what Paul has provided. While we do not have the SA's side of the story, the poster indicated that the SA had cell numbers for everyone. If they, the SA, were running late, it's the SA's responsibility to contact them to advise that the SA is running late, what can they do, such as leaving the docs elsewhere, etc.

Further, as far as I'm concerned, since I don't sign contracts, every confirmation is my "contract for services" on a case by case basis. In my opinion, that SA knew that they messed up and is trying to cover it with that "no contract" nonsense. If they have a confirmation, it is my belief that it would hold up in court as a "contract" for that signing.

Paul has provided excellent advise here. My apologies to this SS for the irresponsible actions of the Notary/SA that they hired.

As Paul stated << The preceding is personal opinion and is not to be construed as legal advice nor a legal opinion. >>

Reply by Anonymous on 3/17/06 7:52am
Msg #106115

Obviously the notary you hired is not a professional and doesn't perceive that his/her actions was irresponsible. I would charge the irresponsible notary for your fee's that it cost you to hire two additional notaries plus expenses incurred by the "no show" with the title company. A complaint on the "irresponsible notary" can go a long way with the Secretary of State when someone is so irresponsible and I would let this person know that is the avenue you are going to take if they do not comply with your request for the "additional expenses" involved. This is your reputation that has been damaged, not the one who didn't think it was important and thinks they can just say "didn't have a contract". That's someone you don't want to turn loose in this industry representing you or others again. Shame on them! And they call themselves a signing agent?

Reply by SatomiCO on 3/17/06 7:58am
Msg #106117

What reason did the notary give you for not getting to the TCs office until after 6:00? Were they in a signing that ran over? Traffic conjestion? Accident? Car trouble? Cell in no signal area?

There are always two sides to every story. I would like to hear the SAs side.

"He didn't show up to pick up docs till after 6pm"

Did he arrive at 6:05? 6:10? 6:15? Did everyone at TC automatically jump up and leave at 6:00, knowing that someone was coming for the docs?

Did you or the TC try to contact the notary between 5 and 6?

I'm not saying the notary is justified, but from only reading what you've written, it would appear to me that you and the TC dropped the ball on the communicaiton front, as well.

Reply by John_NorCal on 3/17/06 9:04am
Msg #106135

Also, did anyone at the title company or yourself call the the signing agent as time became more critical? It seems to me that if a package is so critical there would be more communication. And as for the signing agent, did he really expect to have the package left at the door for anyone to pick up? That doesn't make sense to me. I feel there was a gross lack of communication.

Reply by VERONICA DESCHANEAU on 3/17/06 10:46am
Msg #106202

Svitlana???

How long have you been reading this board? Do you know that this is a predominantly biased zone? You should know that mostly (and I do say mostly...not all) Signing Agents here will say that this Signing Agent had to have a justified reason to be late or not show up and that it IS inevitably YOUR fault for not keeping the title company doors open later.

Personally, from reading what you have posted, I get the impression that the signing agent may be a 'bad seed'.

JMHO

Reply by patricia on 3/17/06 12:59pm
Msg #106268

Re: Svitlana???

Veronica is probably right. I met a notary "SA" in my area who worked a full-time day job but
promoted herself as available full time as a notary. She told me she accepted day-time appts.
and simply ignored the agreed on time and showed up in the evening. Hopefully she is no longer doing signings but I have heard this same story time and time again.

Reply by CaliNotary on 3/17/06 1:14pm
Msg #106280

Veronica, did you even read the replies in this thread?

They clearly contradict what you just wrote.