Posted by Kari Schaffner on 4/14/07 10:33am
Msg #185201

Contacting the State of CA about non-payment??

In the two years I have been a NSA I have never not been able to collect (lucky me). Unfortunately there has been a recent rash of non-paying companies. I have contacted the BBB on a number of them and now need to escalate it to the State of CA. I have been all over their website trying to find the right place/person to contact and am not totally sure I have found it. Anyone in CA have that information? Any success on collecting using this method?

Reply by Donnie Britt on 4/14/07 10:40am
Msg #185202

Sign On the X (SOX Signing)

Anybody having issues with this service?

Reply by Lisa Prestegard on 4/14/07 12:56pm
Msg #185224

You are joking, right?

Use the orange "Search" button at the top of the page.

Reply by Bravo on 4/15/07 4:12pm
Msg #185336

Re: Sign On the X (SOX Signing)

Yes-They have owed me fees since last year on two seperate signings. Their accounting dept. refuses to return my calls. I have resent my bills over and over and over and called and called and get no response. The NNA provides an excellent sample of a letter to send to these agencies when we face non-payment issues. Just call the NNA and they will direct you to it. In the case of Sign on the X, nothing, not even the threatening letter has helped. The funny thing is, I kept getting calls from them! Each time they would call I would tell them that they owed me money and refuse to take their signing. Finally I got sort of irate and instructed them to remove my name from their directory,

Reply by LkArrowhd/CA on 4/14/07 10:55am
Msg #185203

Re: Contacting the State of CA about non-payment??Kari

I may be wrong but I don't think the state of CA has the time or inclination to help us collect on unpaid debt. I too have always been able to collect and I'm pleased that I have. I suggest you don't give up, hound those puppies til they pay.

Reply by James H. Lissemore on 4/14/07 11:15am
Msg #185206

Re: Contacting the State of CA about non-payment??Kari

In N.J. the state is not going to get involved in debt collection.
Last ditch , use commercial collection or file suite.

Reply by TRG_wy on 4/14/07 11:27am
Msg #185208

The state doesn't get involved in collections, but you can file complaints. I don't remember where I found it on their (CA) state website, but it is there. I used it when I filed against the SA noted above.

Reply by Kari Schaffner on 4/14/07 11:32am
Msg #185211

Correct...

Right - I know they don't help with collections. I just wanted to file complaints against the companies.

Reply by Brad_CA on 4/14/07 12:28pm
Msg #185221

Re: Correct...

http://www.dca.ca.gov/consumer/complaints.shtml

Reply by CopperheadVA on 4/14/07 12:51pm
Msg #185223

Try this one

Try this one:

http://ag.ca.gov/contact/complaint_form.php?cmplt=CL

It's the Office of the Attorney General of the State of CA Dept. of Justice. When I file a complaint to any entity, I present it as a failure to honor contractual obligations.

Reply by KKinNoCal on 4/14/07 3:12pm
Msg #185233

Small claims court.....works every time!! n/m

Reply by Gigi/CA on 4/14/07 7:47pm
Msg #185262

I would try to place a lien on the property of the borrower. I think you will get some action when the borrower gets a letter stating that you placed a lien for non payment.

Reply by SueW/Tn on 4/14/07 7:52pm
Msg #185263

Gigi, just for the sake of conversation how would you

justify that? BO's have already paid Title, I would think you'd be opening yourself up to huge legal problems attempting to put an illegal lien against someone's real property.

Reply by Susan Fischer on 4/14/07 11:05pm
Msg #185277

100% agree with SueW, do your homework in those waters... n/m

Reply by Gigi/CA on 4/15/07 12:34am
Msg #185288

Re: 100% agree with SueW, do your homework in those waters...

You have preformed a service for the property listed on the deed of trust, the borrower has hired the mortgage company, mortgage has hired the title and title hires the SS, SS hires you to sign. The borrower gets the loan, everybody is paid except you, If you place a lien on the property the only ones that will be open to a legal battle is the company that was responsibile for payment to you. The Notary Public is a sub-contractor. I am not an attorney however, I know it is against the law not to pay a sub-contractor for their services. I say do what you need to do to get paid for your service, I know the BB doesn't do much, small claims works pretty good because you can charge the SS for filing fees they don't like that. Good Luck.

Reply by Susan Fischer on 4/15/07 3:05am
Msg #185289

As Sue pointed out, the borrower has paid for this service

already.

"If you place a lien on the property the only ones that will be open to a legal battle is the company that was responsibile for payment to you." You might want to run that by an attorney.

For instance, hypothethically, where is your contract with the borrower? Have you ever filed a lien on someone's property? I've known plumbers and roofers who have completed work on owners' homes, been stiffed, and filed mechanic's liens for the unpaid bills. I have known hospitals to place medical liens on owners' homes to insure payment of the medical bills. These liens get released if the bills are paid or if the homes ever sell or get refinanced.

In our case, we have not contracted with the borrowers. Our beef is with the hiring entities.

JMHO, of course.

Cheers,
Susie

Reply by TRG_wy on 4/15/07 8:24am
Msg #185295

Place lein on SS property

If SS continues to hold out payment, take them to small claims court where you'll receive a judgement against them. This legal judgement can then be used to place a lein on the SS property, NOT the borrower.

Reply by Gigi/CA on 4/15/07 12:11pm
Msg #185310

Re: Place lein on SS property

What property would place that lien on for the SS??? Their Office location??? You can't lien a person in CA. Wy maybe diffrent.

Reply by Gary_CA on 4/15/07 2:24pm
Msg #185322

Like he11 you can't Gigi...

It would be an awful pain in the butt... (which is why 70% of small claims JUDGEMENTS never get paid)... but once you have a judgement in hand and the time has passed and they haven't paid it you could lien assets of whoever the judgement is against... is the SS is a sole proprietor you could lien his house.

if they own a house...

But you know why there aren't any vegetarian vampires, right?


Cause you can't get blood out a turnip.

Reply by TRG_wy on 4/15/07 4:23pm
Msg #185338

Re: Place lein on SS property

You might not be able to lein a person in CA but you sure can place a judgement againt a person. In this case it would be the owner of the business. A judgement can be filed at the county recorder's office, naming the business and the owner both. - Been there done that. Just need prrof of the Small Claims Court judgement.

Reply by Charles_Ca on 4/15/07 11:10am
Msg #185305

Actually in California you are not a sub-contractor in the

definition of the mechanics lien law. The courts have interpreted the mechanics' lien law to be applicable to licensed contractors who have contributed materials or labor. Of course not being an attorney at law this is just my own foolish opinion and should not be relied on for anything.

Reply by John_NorCal on 4/15/07 2:23pm
Msg #185321

That's the way I read it too Charles. n/m

Reply by Gigi/CA on 4/15/07 4:01pm
Msg #185332

Re: Actually in California you are not a sub-contractor in the

If your not a sub contractor or an independent contractor what catagory do SA's fall in too?
The main improtance for this conversation is there should be some protection for SA from non paying SS. I do agree with one of the posters, the best luck I have had is in small claims when threatened with filing fees the SS paid. I hate to have to worry everytime I get a call from a SS that I haven't worked for before, will they pay or I'm I going to get screwed out of time, paper, ink, binder clips, folders, gas, wear and tear on my car, and overall trust. It's a good thing to have a day job.

Reply by John_NorCal on 4/15/07 6:22pm
Msg #185349

Re: Actually in California you are not a sub-contractor in the

**If your not a sub contractor or an independent contractor what catagory do SA's fall in too?**

You are an independent contractor, a self employed business person. The mechanics lien laws were set up to give assistance to licensed contractors as they relate in part to real estate and home ownership. It does not apply to financing transactions. As a SA we contract with the signing service or title company, they are the ones who take on the responsibility to pay everyone involved.

Reply by Kevin/Ct on 4/15/07 5:02am
Msg #185291

Unless your state has a statute or common law procedure to effectuate such a lien, DO NOT do this. It is a very dangerous course of action. You may find yourself being named as a defendant in a civil action to quiet title or for slander of title.

Reply by Kevin/Ct on 4/15/07 4:56am
Msg #185290

Our firm has found that in the current business climate it is best not to let delinquent accounts linger to long. If you do, the delinquent client may cease to operate, and there will be no assets from which to pay you for your services.

We make it clear to the client at the time we accept the assignment that our fee is unconditionally due within thirty days. We normally send an email several days before the expiration of the thirty days to request a status of payment.

If we are not paid within the thirty day period, we send two emails the following week to request payment. If there is no response, we make one phone call to their accounts payable dept. If we do not receive a response, we serve them with a summons, and begin collection litigation immediately.So far we have had 100% success in securing payment of delinquent accounts.

If the delinquent client is still in business, they will most likely put you on their do not call list after being served with the summons. However, we would request that of them anyway. Who needs the slow pay/no pay clients?

Reply by Gary_CA on 4/15/07 2:12pm
Msg #185318

I've never tried it, but this letter might help...

XYZ Title Company

Attn: Legal Dept.


Dear High Muckitymuck,

On Dec 2 I completed sign off and notarization for your escrow #12345. I notice on the HUD that ABC signing service which contracted me was paid $250 for notary fees. My contract with them was for $175 which they have never paid me.

I have no doubt that you paid ABC, but since no money was actually ever paid to the notary (whose stamp may be clearly read on the recorded documents) if that $250 can actually be called "Notary Fees" as shown on the HUD1.

I don't know if it is a violation of RESPA to call a payment notary fees when it is never paid to a notary, but next Monday I will begin the process of finding out.

Since this investigation will undoubtedly cause your company some expense and irritation I thought it fair to let you know in from the beginning.

Thanks some much

Ima Sucker
Notary Public

Reply by Susan Fischer on 4/15/07 2:20pm
Msg #185320

<laughter> Love it, Gary. n/m

Reply by Gary_CA on 4/15/07 2:27pm
Msg #185323

Better proof it first though... I'm ashamed of myself. n/m

Reply by Gary_CA on 4/15/07 2:59pm
Msg #185327

Here...second draft...

XYZ Title Company

Attn: Legal Dept.


Dear High Muckitymuck,

On Dec 2 I completed sign off and notarization for your escrow #12345. I notice on the HUD that ABC signing service which contracted me was paid $250 for notary fees. My contract with them was for $175 which they have never paid me.

I am assuming that you paid ABC, but since no money was actually ever paid to the notary (whose stamp may be clearly read on the recorded documents) I wonder if that $250 can actually be called "Notary Fees".

I don't know if it is a violation of RESPA to call a payment notary fees when it is never paid to a notary, but next Monday I will begin the process of finding out.

Since this investigation will undoubtedly cause your company some expense and irritation I thought it fair to let you know what's coming.

Thanks for your time.

Ima Sucker
Notary Public

Reply by Joe Ewing on 4/15/07 6:05pm
Msg #185346

I sued a Mortgage Company I was working for direct for $5,000 in small claims and won. That's where you take this, not the Secretary of State.

Reply by Susan Fischer on 4/15/07 8:30pm
Msg #185359

How was your judgment satisfied? Just curious. n/m

Reply by Joe Ewing on 4/16/07 5:08pm
Msg #185505

Re: How was your judgment satisfied? Just curious.

The Lawyer for the Company wrote me a check in the courtroom.