Posted by kathy/ca on 6/1/07 10:43am
Msg #193144

BEWARE: TRI STAR SIGNING, Tim Boniver, Escondido, CA!

I completed a signing for him, received a check for half the agreed amount because according to the note attached to check, "Sorry but loan cancelled, my policy is to pay half under these circumstances". No phone call, no explanation of the circumstances and would I be willing to accept less, just a note and a check telling me HIS policy! I emailed him and told him that MY policy is to be paid in full for a job I complete. His reply was "most notaries are thankful to get something out of a nothing situation"!

I hadnt signed any contracts with him nor had he told me HIS "policy" upfront. This is just plain wrong in my opinion and I resent being taken advantage this way. I would never work for his company again with an attitude like his. Just wanted to let you all know how Tri Star signing does business. My next stop is BBB!

Reply by Calnotary on 6/1/07 10:47am
Msg #193145

Even though I had good experience with BBB, but if you don't get your full fee, I will take him to small claims court. He should have told you his policy before doing the job!!

Reply by Kevin/Ct on 6/1/07 11:00am
Msg #193148

When you were hired he entered into a binding oral contract with you. If he did not inform you of his policy at that time either verbally or in the confirmation, he cannot alter the terms of the agreement subsequently. Most people that pull a stunt like that are relying on the signing angent's not having the nerve to follow through with collection.

Reply by spnotaryplus on 6/1/07 11:19am
Msg #193150

Is there a way you can check to see if or when the loan recorded??

Also, does anyone know what is the website for NY & NJ to check on Mortgage recordings in this area? I came up empty handed so far.

Thanks for the help.

Reply by Kevin/Ct on 6/1/07 11:34am
Msg #193154

You can check with the land records office that is responsible for recording mortgages. In Connecticut that would be the Town Clerk, but in other states it is usually a county land records office or registry of deeds.

Reply by JAM/CA on 6/1/07 2:38pm
Msg #193187

I did everything you said Kevin with A & L Signing Service out of Riverside. BBB and olddebts.com and still only $25.00 check for a confirmation stating only that I would be paid $125.00.

No response to the BBB or debt collectors. I'm now out another $10.36 for olddebts.com

Only other choice is Small Claims Court. Even then there is no guarantee you'll get your money for a long time, even if you win. Sure, she'll be a no show, but then back to Court to file again. No pay, then the Sheriff gets involved. Then you wait.

Is it worth it???????

Reply by Kevin/Ct on 6/1/07 4:38pm
Msg #193208

That is a judgment call that you have to make. I personally do sue dead beats on principal because I feel my self respect is worth it, and I know that any money lost on the suit will be made up in either future signings or other areas of my practice.

Then again I have the benefit of the common law attorney's lien that attaches to the proceeds of the file received by the ss, TC and lender as a result of my work. That has worked very well. There is always someone in the chain of the file's possession that understands that their bank account or the borrower's monthly mortgage payments can be garnished if I elect to enforce the lien. So far, I have never been stiffed.

Reply by Kevin/Ct on 6/1/07 4:50pm
Msg #193211

I meant to mention that if your client and you are located in the same state...go directly to small claims court. Do not bother with the BBB or collection agencies. All collection agencies can do is make annoying telephone calls that are screened out, or write threatening letters that wind up in the trash can. In most small claims courts the cost of your suit is awarded to you as part of your damages. In Connecticut the sherriff/marshal adds his fee on to the judgment to be paid by the defendant.

In Connecticut You can serve the Defendant for a post trial motion to discover assets to garnish. If the defendant fails to show up, you can have a capias issued for his arrest and detention to the next court date...could be another thirty days. I did this to one defendant a while back. When the sherriff showed up to arrest him, he would not answer the door. The sherriff waited outside. When the defendant tried to sneak out the side window the sherriff arrested him. His mother wound up paying the judgment to prevent her son from being dragged off to jail for failure to appear. Your state must have a similar procedure.

Reply by Kevin/Ct on 6/1/07 5:02pm
Msg #193214

Oh meant to mention that the mother also paid for the costs of filing the suit and the sherriff's fee for his time waiting to arrest her son.

Reply by Philip Johnson on 6/1/07 11:20am
Msg #193151

Have you called the borrowers to see if they did cancel?

I had one tell me that and when I called the borrowers, they said that they hadn't cancelled and were as happy as can be. I called the SS and they said oops we got confused with someone else and they paid according to our agreement.

Reply by Sylvia_FL on 6/1/07 11:20am
Msg #193152

Loan cancelling is not the notary's fault! He owes you the full amount agreed on.

When being called for a signing it is good to ask up front "what is your policy on no signs, or if the loan is rescinded, or cancelled after doing the signing"

Send him a certified letter giving him XXX days to pay the balance before you put it through collections.

Reply by kathy/ca on 6/1/07 11:47am
Msg #193156

Title Co. said it was cancelled and I also sent him a Certified letter a couple weeks ago and so far have not received back the receipt saying he signed for it. Whe he saw who it was from, he must have refused it but I should get back the receipt stating it was refused I believe.

Reply by Ernest__CT on 6/4/07 8:12am
Msg #193515

If the Certified letter is neither accepted ...

... or rejected after n days then you'll get it back with notes attached. If the adressee refuses delivery (certainly within his rights!), you'll get a notice of that, also.

Using Certified mail cuts both ways. I had a disagreement with a social organization that wanted to drop me from membership (internal politics). They thought that they'd send a check to me refunding my dues and that'd be that. They made the mistake of sending it Certified. I neither accepted nor rejected the envelope. (The window clerk thought that I HAD to accept it or reject it. His supervisor brought him up to speed.) That meant that I could continue to attend meetings, et cetera, and they had no recourse. After considerable time, they wised up and sent the refund check through normal mail. I cashed the check and let the organization alone.

Reply by BrendaTx on 6/4/07 8:32am
Msg #193518

Re: BEWARE: TRI STAR SIGNING, Certified Letter Tricks

At the same time you send the certified letter, send a duplicate letter via Regular Mail. It will be delivered and the fact that the certified letter is not accepted looks as if someone is trying to be deceptive if it has to go to court.

You can take the reg mail letter a step further and send it via Priority Mail with delivery confirmation to show conclusively that it was delivered while the certified letter was refused.

A third thing you can do is to send a request to the postal service for last known address just to have documentation that you have been sending correspondence to the correct address. You'll have to pay them a few dollars, but if any forwarding address info is available you will be able to get it.