Posted by cassiewi on 1/6/07 9:33am
Msg #169596

Not my week and what to do?

I had a signing last yesterday at four. At 2:30, I'm checking the package to make sure there are enough RTCs in it and there's only one for the husband. So that lead me to check the mortgage and low and behold he's only the one listed as a single person. Now I knew he was married because there was confusion as to when his wife would be home, they told him that she didn't need to be there. I called title and let them know he was married to give them a heads up and to see what they wanted me to do. I'm on hold while they're figuring it out. They didn't know he was married. She said just have her sign the mortgage and TIL and they'll figure it out on Monday. I asked her to send me an email stating such. She said shoot my one first and I'll respond. OK, I go do my signings and get home at 10:00, look in my email and she says NO, there are other docs and they're on their way. By the time she sent these I was already gone. I've left a message on her cell phone to call me. What to do?

Reply by Ernest__CT on 1/6/07 9:36am
Msg #169598

? "She said shoot my one first and I'll respond." ? n/m

Reply by cassiewi on 1/6/07 9:37am
Msg #169599

Yep because she was busy and she'd have forgotten n/m

Reply by Ernest__CT on 1/6/07 9:39am
Msg #169600

You were supposed to email her and ...

... she'd reply?

Did you send email to her stating what you thought the conversation had been? Were you then supposed to WAIT for her to email back?

Reply by cassiewi on 1/6/07 9:42am
Msg #169603

Re: You were supposed to email her and ...

Yes, I stated all you wanted me to have her sign was the mortgage and the TIL, correct? It was more of a CYA thing for me. Just wanted it confirmed and asked her to send it to me in an email that that was what she wanted me to do. She said she was busy and could I send it to her and she'd respond. No there was no reason for me to wait. By the time she reponded I was already gone. There was no phone call either. By the time the email with the docs got to me I was already at the appointment.

Reply by cassiewi on 1/6/07 9:44am
Msg #169604

And I already had my directions from her verbally n/m

Reply by Ernest__CT on 1/6/07 9:48am
Msg #169606

CYA is key! You did The Right Thing by ...

... requesting email confirmation of the phone call!

Reply by Ernest__CT on 1/6/07 9:47am
Msg #169605

Thanks for the clarification.

The date/time stamps on your email messages will probably save you.

Print the email messages, one per page maximum. Write a POLITE cover letter. The fax all to the company.

The cover letter should explain WITHOUT finger-pointing. You understand that the lady was busy, blah, blah, blah. You expect to be paid for a second trip after you print and have signed the additional docs. You want to be as helpful as possible.....

Reply by cassiewi on 1/6/07 9:50am
Msg #169608

Re: Thanks for the clarification.

That's a good idea and thanks. To be honest, I don't think I need *saving*. It was not my error, had I not been thorough they wouldn't even had known. Had I just printed and left they would not have known. The funny thing is, she didn't even say thank you until the very last email. But I understand what you're saying. Oh well!

Reply by Ernest__CT on 1/6/07 10:00am
Msg #169611

What you did shows your professionalism!

It is such attention to detail that sets you apart from the newbies and those who treat loan signing as a hobby.

We have to be careful of Unauthorized Practice of Law, of course. But we can say the equivalent of "Gee, in the signings I've done before there's always been a HUD." or "Mr. Borrower says his wife ...."

Reply by cassiewi on 1/6/07 10:05am
Msg #169613

Thanks

I said I just wanted to make sure you were aware that he was married because the docs state he's single, etc, kind of a thing.

Reply by Ernest__CT on 1/6/07 9:55am
Msg #169609

PS: I'd have waited until I got her email, even ...

... if it meant calling the borrowers and telling them that I was "waiting for another document".

I've had lenders and title companies send additional docs AFTER the appointment time and expect that I'd print 'em and take 'em to the signing! I'd rather be a PITA and send an email asking "I've received two email messages, with three files total. Are those all the docs?" when I'm suspicious that something is missing.

People get huffy when we ask that all docs be received two hours prior to the appointment time. That allows time for review and travel (usually!). IMHO, two hours is not an unreasonable amount of time....

Reply by cassiewi on 1/6/07 10:03am
Msg #169612

Re: PS: I'd have waited until I got her email, even ...

I suppose I could have, but as far as I knew it was done. I think I'll do that from now on though, send a confirmation just to make sure I have everything. Another lesson learned and you're right it would be nice. In looking at the attachments, there were 6 she sent. She's signed the mortgage, TIL and the rider to the Mortgage, all that was left was the RTC, name aff and 4506. I'm wondering if I should just go and have her sign the remaining and talk with them on Monday about it.

Reply by Ernest__CT on 1/6/07 10:06am
Msg #169614

Definitely! If possible, go, have her sign.

You'll have gone above and beyond. Then present the results to them on Monday as fait accompli. If you get the additional trip fee, great. If not, you've still saved their butts and will have their thanks.

Have a great weekend. Lady Rouge (she of the Red Hat) says I've got to go have a life.

Reply by cassiewi on 1/6/07 10:07am
Msg #169615

LOL, have a great Weekend and Thanks for the Help n/m

Reply by Ernest__CT on 1/6/07 10:08am
Msg #169617

You're welcome! My pleasure! n/m

Reply by dickb/wi on 1/6/07 1:30pm
Msg #169646

cassie....sorry for not replying sooner, but i......

just got on here....wi is a marital property state and if the spouse doesn't sign the mortgage the lender would not be able to forclose the spouses half of the principle residence......also whether the spouse signed the note or not the spouse would be responsible for 1/2 of the debt....the spouse is also entitled to a rtc, even if not on the note.... we are the only state in the union that is a "marital property state"....it is different than a spousal;community property state......it is some what complicated and would be too lengthy to explain here, but maybe when we have our spring meeting we can talk about it.....i have to explain this to out of stste tile co's all thetime.....it seems that they just don't get it......good luck....

Reply by cassiewi on 1/7/07 9:58am
Msg #169739

Re: cassie....sorry for not replying sooner, but i......

Thanks dick, I ended up going back yesterday with the new legals having them sign for 1/6/07 (original signed on 1/5/07) also put a letter in the Fed Ex exlaining in detail what happened, so ever opens the package will know. We'll see what happens. I'm sure I'll receive a phone call tomorrow.