Posted by Stamper_WI on 4/18/07 5:54pm
Msg #185891

Forwarding emails with Doc's

Is there any reason that we shouldn't forward emails with the doc's to the borrower? I have one that wants to review her documents with someone (attorney) prior to the signing.

Reply by ananotary on 4/18/07 6:06pm
Msg #185892

Always let hiring entity forward docs. n/m

Reply by LJ on 4/18/07 6:38pm
Msg #185895

Re: Always let hiring entity forward docs.

Only one time did I fax the HUD to a borrower. He wanted to make sure it was exactly like the one he received from his LO. I saw no harm in doing that. I have also at times been asked what was on the HUD and the interest rate on the phone. I gave them that information also.

Reply by BrendaTx on 4/18/07 7:11pm
Msg #185898

Good question, Stamper

I, like LJ, have recently had someone request I fax over their Hud...you know what I think?

That's not my job. When I start getting requests like that then the loan has not been put out there good enough IMHO for the bwrs to feel comfortable with it. I smell trouble with that and it seems like that becomes a danged if you do and danged if you don't.

Title said "go ahead and fax it." Well...no thank you--you can fax it, please" because the LO is the one who will be unhappy with me if the deal goes sour. I agree with the poster who said to let the hiring entity take that burden. I don't want to wind up faxing, forwarding packages and then getting caught in confused phone calls and put in the position of being a person who burned up a bunch of time for someone who doesn't really want the loan anyhow and a pizzed off LO who won't pay and then whines when I faxed when it wasn't my bidness.

JMO

Reply by Lee/AR on 4/19/07 7:57am
Msg #185916

Agree with Brenda... and for the same reasons. n/m

Reply by BrendaTx on 4/19/07 8:20am
Msg #185921

Re: Agree with Brenda... and for the same reasons.

Experience is worth something, huh Lee? LOL

Reply by ReneeK_MI on 4/19/07 9:10am
Msg #185926

Good advice on that, Brenda

This is definitely one of those 'simple human courtesies' that seem harmless, and can end up opening a Pandora's box of headaches. I have extended such courtesies in the past, and been pretty lucky, but I never stop trying to polish up my act and learn better ways.

The deal-breaker for me on the whole question of whether or not to forward e-mails is - once I initiate any actions with that e-mail, other than the one I am contracted to do (which would be either view, or print, and nothing else), I've opened up the potential liability for myself. I don't even care if some borrower gave me written permission - I doubt HE'S going to cover my liability.

What if - so you forward the e-mail, and his pkg is hacked enroute. Perhaps he ends up a victim of identity fraud, perhaps it's somehow (however unlikely this would be) traced to that pkg being on the internet. The lender says "I put it on a secure website for p/w protected download." The title agents says "I downloaded it from that secure website and sent it through our own encryption devices to a pre-screened e-mail address." YOU then say "Dang, this isn't covered on my E&O, is it."

The whole BG/GLBA thing has given me great pause, and I am EXTREME in the way I handle these docs, the info, the conversations, confirmation phone calls, etc. On top of all the very solid reasons for this, there is the current climate to always keep in mind. We live in a litigatious society, and the buzz words de jour are "identity fraud", "privacy of information", and pretty much ANYTHING to do with lending.

Reply by Larry/Ca on 4/19/07 12:55am
Msg #185904

This has been discussed before and....

it is my opinion that resending e-mail docs would violate my commitment to protect this extreamly private information, even if it were sending them to the persons named in those docs. I do not keep docs on my computer beyond completing the signing for that very same reason. I have read others who have posted that they have e-mailed docs to another and I cannot more disagree with this pratice. Again I think it is basic to the protection of peoples personal information.

Reply by DebbieT on 4/19/07 7:59am
Msg #185917

When I get a request to go over the docs

on the phone I explain to the borrower that my job is to be the currier and bring the docs to them and witness their signature. I then tell them that if they want to know the terms before hand that they need to call their LO and ask him to go over it with them.

Reply by hcampersFL on 4/19/07 8:00am
Msg #185918

Debbie good advice. n/m

Reply by Pat/IL on 4/19/07 9:12am
Msg #185927

Re: RESPA Addresses This

"Upon the request of the borrower to inspect the
form prescribed under this section during the business day immediately
preceding the day of settlement, the person who will conduct the
settlement shall permit the borrower to inspect those items which are
known to such person during such preceding day." [2603 (b) (2)]

This section addresses the HUD specifically. Seems to me the borrower should be referred to the title company, or other entity "who will conduct the settlement". I would not consider the signing agent to be the entity conducting the settlement, but merely a subcontractor carrying out an aspect of the settlement process.

Not a lawyer, yada yada yada

Reply by ReneeK_MI on 4/19/07 9:12am
Msg #185928

In other words - yeah, what Larry said! =) n/m

Reply by DebbieT on 4/19/07 9:25am
Msg #185930

Re: In other words - yeah, what Larry said! =)

If the borrower refuses to sign we are told not to leave the docs with them. They have their reasons for this. Fowarding them is no different.

Reply by Pat/IL on 4/19/07 9:32am
Msg #185933

Re: In other words - yeah, what Larry said! =)

Renee,

If you are referring to my post, no. It's not what Larry siad. Larry's post concerns the privacy of the borrower. My post addresses the right of the borrower to receive the information upon request. My opinion is that it should be sent by the title company and not by the signing agent or SS.

Reply by ReneeK_MI on 4/19/07 4:22pm
Msg #186022

? Pat, I don't disagree with you ...

but I wasn't referring to your post - it just gets hard to figure out which response goes to what, sometimes! =)

Reply by JanetK_CA on 4/19/07 3:20pm
Msg #186008

Re: In other words - yeah, what Larry said! =)

Renee, I think you and Larry both were right on target with this. We can't really even know for sure that the person we are speaking with is the party named on the docs until we see their ID. And once a document is forwarded, it potentially becomes part of the public domain, and can be forwarded virtually anywhere. Hopefully we've all heard the advise to not put anything in an email that you wouldn't want published on the front page of a newspaper.

When edocs are sent to us, there's an inherent obligation for confidentiality - and in many cases a written obligation. That's one of the reasons I've been on record as being opposed to the use of Kinko's etc. to print documents. Just too much room for slip ups.

Reply by Tim_Mphs/TN on 4/19/07 7:36pm
Msg #186045

Re: In other words - yeah, what Larry said! =)

I absolutely agree about not using Kinkos - not secure. I have had clients ask if they could send docs for me to Kinkos when the power was out here or when I was out of toner (YES, I know! I should never let myself get out of toner.. cash flow issues, ok? Sheesh! grins). I always advise them that I don't do that, sorry.

Otherwise, I agree totally with Larry and Renee and the rest -- don't do it.

I will tell them a few things if I can read them right off the docs, but more than just a few oral statements, I suggest they call their LO or wait for me to show up. It is a matter of establishing a rapport with them over the phone when you call to confirm the appointment. You have to convey a sense that you are knowledgeable as far as what you do, yet limited in your role.