Posted by kcg on 3/25/07 9:56am
Msg #181841

Letter to Signing Service

Dear James: You made a phone call.

I was reluctant to accept the assignment because it was a little out of my driving range and it was a dark, snowy January night but you met my fees and agreed to a trip charge. So I accepted. I printed out the docs.....I paid for the cell minutes for our conversation, confirming with the borrower....I paid for the toner, paper, wear and tear on my printer, E&O insurance, etc.

So far you've only made a phone call.

I drive over an hour to the borrower's home....I paid for the gasoline and wear on tear on my car. I spend an hour with the borrower during which we called you to answer a question and it was on my cell so I paid for the cell minutes.

You've still only made a phone call.

I drive the hour back home and fax required docs back to you. I paid for the wear and tear on my fax and phone costs. The next morning I take the package to FedEx for prompt shipping back to you...I paid for the gasoline and wear and tear on my vehicle.

At this point all you have invested in this transaction is a phone call.

When my payment did not arrived as promised and I send another invoice with demand for payment, you respond with a tale of woe concerning the sub-prime lenders fiasco. You email me the web site to read about these companies imploding. What does that have to do with our contract? When my creditors demand payment I don't think my sending them this website will satisfy them. This signing was in January before the sh** hit the fan in that industry. This loan funded in January and you were paid for it in January - my check should have been issued at that point

I am not in a position to do charity work - this is my livelihood. Tell me truthfully, James, if you had invested as much time and costs into the job that I have, would you be satisfied not to get paid? Would you really be ok if your boss cried crocodile tears about the current situation and told you to read about it on a website and then be patient? I think not.

You were paid well for that one phone call.

Please remit my payment asap or I will be filing in small claims court and will be contacting the Attorney General, the BBB and anyone else I can think of.

Sincerely,

Reply by Sylvia_FL on 3/25/07 10:31am
Msg #181846

Good letter.
Your check should have been issued (IMHO) when you completed the signing, or within a few days.
I don't care what problems the lender has, they are nothing to do with you completing a job you were contracted for. Whether the signing service gets paid or not they are responsible for paying the signing agent.
This is why when I see posts from someone saying they are thinking of starting a signing service I tell them they need to make sure they have the capital to pay their notaries whether they get paid or not from title company.

I have a title company that owes for a signging from about 3 weeks ago, but I have already paid the signing agent. (Title company is a good one and there is a valid reason they haven't cut the check yet - the title officer I work through was out of the office that day and another title officer cut the checks and forgot mine, and the title officer I work with had to put in a request for the check for me and that sometimes takes a couple of weeks or so for it to be corrected)
But bottom line is I hired the signing agent, therefore I was responsible for paying him.

Reply by Les_CO on 3/25/07 2:31pm
Msg #181867

GOOD ON YOU!!!!
If all "signing companies" had your work ethic, and integrity" WE signing agents would have no worries!!!! There is room in this business for all of us. A symbiotic relationship that works well, if those involved would just be honest! Thanks for being there!

Reply by KKinNoCal on 3/25/07 11:21am
Msg #181847

Great Letter! If you do not get a quick payment , file in small claims court. That will get their attention. Make sure toadd a $50.00 late fee , to cover you filing costs. Good Luck!!

Reply by ZeeCA on 3/25/07 5:33pm
Msg #181896

in calif the loser pays all court fees (filing, court etc) n/m

Reply by Kevin/Ct on 3/25/07 12:40pm
Msg #181854

The letter rambles too much. An effective demand letter is short and to the point. It recites briefly the terms of the agreement, that you have fully performed your contractual obligations, and a date by which you expect to be in receipt of payment. You send the letter via certified mail return receipt requested. If you are not in receipt of payment by the date recited in the letter, you refer the matter to collection. Let the attorney take it from there.

You do not need to recite your expenses (gas, toner, paper, fax backs) because these expenses were included in the contract price. Reciting them in your letter is distracting, makes it sound like you are begging and adds nothing to the efficacy of the letter or the services for which you seek payment.

Reply by Gigi/CA on 3/25/07 5:16pm
Msg #181892

Is this Coast to Coast

Reply by kcg on 3/26/07 7:04am
Msg #181943

This letter is to PCS out of GA. But it could be any one of the many signing services that have decided not to pay and the recent sub-prime lender crash is giving them a new excuse. Many of these SS's are so undercapitalized and mismanaged that instead of paying the NSA's THEIR fees at the time the loan THEY handled funds, the SS's have to use those funds to pay for signings done 45-60 days prior. I cannot fathom how anyone can think this is a good way to run a business.

When we get an assignment, there is a working, binding relationship that gets put into place....they will make a phone call and we do everything else to get that loan signed perfectly and returned - then they are obligated to fulfill their part of the deal which is to pay what they promised and to pay in a timely fashion. We incur all the costs and expend our time and energy - they reap the benefits and unfortunately some (not all) then relegate us to the bottom of the barrel and we become insignificant little blips on the radar and if we don't get paid, well so what -no big deal. Well, it is a BIG deal to us. In conjunction with the usual "form letter" invoice with promised legal actions, I am trying to make him understand that I am a real human being, a working person who needs to recoup costs put out and be paid a fair salary for my time.

There are many fine SS's and I've had the pleasure of working with them - I did not have one SS, TC or Lender stiff me on a payment last year - this year I already have 2 in arrears. And I know many NSA's who have a heck of a lot more in arrears. I love this work and take great pride in doing an excellent job - but I cannot work for free...none of us can.

Reply by Lee/AR on 3/25/07 6:56pm
Msg #181905

Same scenario--only SS is A & M Closing Service

in Mission Viejo, CA. I know the loan funded and that A & M was paid. Now both Lender & SS are out of business.