Posted by Barbara O on 10/20/06 5:52pm
Msg #153964

What do you think?

I had a signing tonight. I got the confirmation yesterday and have been trying to get in touch with the borrower. I couldn't and left a message on his machine to please call me back regarding his loan closing. Didn't recieve a call back, still could not get in touch with him. So I got the docs today, printed them a bit before the signing and reviewed them. I noticed that the docs required a signature from a non-borrowing party of interest. I ended up mapquesting the address and just going to the signing loc (it wasn't far). When I arrived the gentleman said he had called and confirmed the appointment with my partner... 5 minutes before I arrived. Alot of good THAT does me. So first things first, I ask him where "John Doe" is. He looks at me funny and tells me he is on vacation. ..... I tell him I will have to call the signing company and let them know, and that most likely we will not be able to continue with the signing. On a whim I ask if he has power of attorney for his brother. He says yes. Great! Where is the paperwork stating that? ..Oh, he doesn't have any. So I call the signing co. They call the TC. They all say - have him sign. We will mail them to the brother and get his sig notarized seperately. Ok fine. Signing completed.

I call the SS on my way back to the office. Interupt her halfway through to tell her that it is past the time for FedEx pickup, there is no Saturday pickup in this area, and the earliest docs will get shipped is Monday - he has to sign Tuesday. 30 mins later she calls to say n/m, send them back to us. I have no clue what they are going to do at this point, and frankly, I wonder if they are going to try and withhold payment.

They only gave me one number for this guy, he wouldn't return my calls, and it isn't my fault I live in the middle of nowhere and don't have a FedEx station. I better get paid, what do you guys think. What would you have done in this situation?

Reply by Charm_AL on 10/20/06 6:00pm
Msg #153966

it sounds like a last minute split signing and they will forward docs to brother and have a noraty in his area witness his sig. Should be no problem collecting your fee.

Reply by CopperheadVA on 10/20/06 6:29pm
Msg #153973

It sounds to me like you did everything you could possibly do. The borrower lives in the middle of nowhere, too!

Reply by faceynotary on 10/20/06 6:29pm
Msg #153974

This really sucks Ms. Barbara O.

Make sure you write out everything that happened on your notepad. I know every signer has a little notepad and/or a prep sheet for the signings they do.

Did you get the name of whom you spoke to at the agency? Did you document what time you spoke to her?

Reiterate that you only had one number and took a chance and forewent your other appointments to do the signing, although you have called repeatedly and gained no reponse...

Indicate that you were told to go ahead with the signing from "____" before the signing and this is no fault of yours.

I am so leery in predicaments like these because sometimes we are forced to fathom going against our better judgement "in good faith" only to get screwed at the end.

Tonight collect your thoughts so that when you follow up with the signing agency next week you have it down.

What are the terms of the signing agency's contract?- I would review it. Most agencies will pay you for a closing should a borrower(s) decide to rescind or atleast pay you travel fee. But in this case you closed the loan- so you ought to get your money?

Don't be discouraged. Press on my fellow signer. Be up in their faces on the phone.

A Brooklyn NYC Notary.

Reply by faceynotary on 10/20/06 6:33pm
Msg #153977

Oh I forgot to mention that the brother who is on "vacation" will need to sign atleast 3 documents (the deed of trust, truth and lending and the right to cancel). So more than likely the sc will get the documents to him before the rescission date is up... Sounds like a couple of airheaded bros to me.

Reply by Kate/CA on 10/20/06 9:08pm
Msg #154028

I have the same fedex problem that you have, have done many like this. Did you already drop them off? They can have a notary in that area sign another set of what ever pages that need signed. I have had that, otherwise I just forward to the notary to save time. Some times the TC wants to forward them and I just send them back to the TC. Any way they want to do, it will get done.