Posted by Donna_MT on 1/23/07 4:17pm
Msg #172207
What would you all do?
Yesterday. 4 p.m. Got call from signing company for 8 p.m. apptmt. (I've done a few for them in the past couple years). Okay, I'll do edocs. Got them at 6 p.m. after call from SC asking if I would do the Truth in Lending Stmt tomorrow? He was FedEx overniting it right then.Okay. Printed out 2 sets of docs, one to have the HUD-1 in it. I had SC cell phone number. No HUD in pkg. Called and left 6 msgs between 7 and 7:45 re HUD and that I would not do signing without it. At 7:45 called borrower as courtesy to say I was not coming because I did not have all the papers and could not reach the SC. Signing company man called me at 9:30. Had misplaced his cell phone. Very irate I had not done closing anyway because "I could have got the HUD signed tomorrow. Claimed it WAS in the package, and if it wasn't it was clearly a mistake". As he berated me for my poor judgement I told him I was through talking and hung up. By the way, I have not recd the Fed Ex he SAID he sent.
What would you have done?
Donna
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Reply by Charm_AL on 1/23/07 4:22pm
Msg #172210
chalk it up Donna to bad communication/follow-thru on their part. I hate it if someone gets upset, but we are not always to blame and it ticks me off when we are constantly the 'scapegoat' in every way possible. I would not have attended the close, had I not had a HUD. That's a backdate in the making, a wasted trip and the possiblity of no payment for printing, traveling, signing, etc.....
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Reply by Les_CO on 1/23/07 4:33pm
Msg #172214
Do you guys notarize the HUD there? I think I'd have gone to the appointed signing, had all the docs (I had) signed. Told (called) title, said: "No HUD! better overnight one (three) to the borrower, have them sign it and send it back to you!" Then send the package back with your invoice. In CA (an escrow state the HUD is almost NEVER signed, or even worked up, until after closing)
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Reply by Charm_AL on 1/23/07 4:37pm
Msg #172215
another lesson on state laws....here we must have the final HUD for closing and it is signed by the bwr. If we do not, lessoned learned, it's a trip out again on my dime with an entire new pkg. In fact, we get warnings on having it before we leave to the close.
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Reply by Donna_MT on 1/23/07 4:47pm
Msg #172218
Thank you for your comments. Exactly what I was looking for. Now, another question. Seeming rather ignorant on this one. How can I find out what Montana state law is in regard to having the HUD at closing? Nearly EVERY closing I do comes with a huge nearly flashing page that says "do not go out without the HUD". I depend on the lender/signing service to send me the correct forms. How do I find out MY state law. I can be better prepared for the next go 'round with someone like this guy who misplaced his cell phone so I couldn't ask him anything. Thanks again, Donna
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Reply by Sharon Nunley on 1/23/07 4:52pm
Msg #172222
Donna, I was wondering the same thing for Ohio. What is this law book that I read about on this sight from time to time?
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Reply by John_NorCal on 1/23/07 4:57pm
Msg #172224
Re: Sharon
I believe you are referring to the state handbook that is published by the secretary of state office that commissioned you as a notary public. Go to your secretary of state's website, see if they have anything you can download.
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Reply by Donna_MT on 1/23/07 5:12pm
Msg #172229
Handbook/Laws/Rules
Notary handbook does not refer to Signing Agents for Loans.
I'll check with a couple Title Company folks I know here in town.
Thanks.
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Reply by Sharon Nunley on 1/23/07 5:31pm
Msg #172234
Re: Sharon
Thanks John. I do have my state handbook. I just thought perhaps there was something else floating out there somewhere to add to my cache of information for this job. There are so many components to being an NSA. Will I ever learn it all! I really love it though, I just wish I had started years earlier...
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Reply by Les_CO on 1/23/07 5:13pm
Msg #172230
Okay.... I really think you guys are mistaking/commingling real estate law, from/with notorial law, from/with consumer protection law, etc.. I do not come even come close to knowing all these diverse statutes/laws for each state. It is complex! As is the job of a "Notary Signing Agent." In the first post you asked "what would you do" I answered. Here in Colorado the borrower is "supposed" to get the loan docs a full 24 hours BEFORE being required to sign, so that they have adquite time to review them. (I think this true in most States) I have presented well over a thousand loans here in the past 6 years, and have NEVER had that happen! Colorado is also a "table" or "race" state. Good funds, the recording date not the signature date, governs. The FINAL Hud is "supposed" to be precented at closing. And on, and on, and on. We as NSA's have to live in the real world (or not exhist) This means we need to do the job as expected ( Just like a title company, or attorney, or bank would do it in their offices.) by those who hire us. I stand by my statement. I would have the borrower sign the docs I have, notarize what need to be notarized, inform title of any discrepancy, let them worry about, and fix it. Send back the docs w/my bill for services rendered!
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Reply by Donna_MT on 1/23/07 6:09pm
Msg #172258
and I greatly appreciate the first reply and the second.
Like Sharon, I love the business and wish I'd started YEARS ago.
Sincerely, Donna
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Reply by Becca_FL on 1/23/07 5:01pm
Msg #172226
Re: What I would have done
If the SS had a good reputation and track record with me, I would have gone without the HUD. Florida is a table funding state and requires that the borrower (technically) have the HUD w/i 24hours of the transaction, but how many times do you see that with a refi.
Did you look through the pkg. for a prelim. HUD or disbursement schedule? I've seen plenty of pkgs. from CA TCs w/o a HUD here in FL. CA does not even create a "final" HUD until the day the loan funds.
Sure, I've seen the DO NOT GO WITHOUT THE HUD scare tactics, but if you could reach no one, you might have called the brw and told them you seem to be "missing" the HUD/Set.Stmt., but would be willing to continue as planned if that was okay with them.
Also, the broker/Lo almost always has a copy of the HUD. Did you have the TC / LO phone # to ask for a copy?
All things to think about the next time this situation happens.
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Reply by Les_CO on 1/23/07 5:17pm
Msg #172231
Re: What I would have done
You got it Becca!
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Reply by Sharon Nunley on 1/23/07 5:34pm
Msg #172235
Re: Sharon
Thanks John. I do have my state handbook. I just thought perhaps there was something else floating out there somewhere to add to my cache of information for this job. There are so many components to being an NSA. Will I ever learn it all! I really love it though, I just wish I had started years earlier...
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