Posted by Jens302 on 5/18/07 5:29pm
Msg #190866

Missing page 1 of DOT

I was contracted for a small equity signing this evening (1hr away!).
I didn't really want to do it because after mapquesting it I saw it was in the middle of no where. So, I doubled my fee and they said "fine". Ok, I can't turn down that much money for a small easy signing. My car is excellent on gas and not too worried about wear and tear (leased through Merecedes and I don't have to pay for oil changes, etc.).

To my point, after reviewing the docs, page 1 is missing of the DOT !!
Now, I don't know about you, but I feel very uncomfortable with this. I have told them this, and the excuse is "the lender is on the east coast, they will just send page 1 through the mail, you will still get paid" ... Oh and "The docs are date sensitive, so just do the signing".

I want to know what everyones thougths are! I'm pretty sure I am going to call back and so "no thank you".

Reply by janCA on 5/18/07 5:38pm
Msg #190868

In California

You can't notarize an incomplete document. I wouldn't dream that the borrowers would even sign such an important document that was missing a vital page.

Reply by Ndwa on 5/18/07 5:42pm
Msg #190869

Not so much the lender's issue on this, but the missing page is most likely double fed through the scanner at TC. No, you cannot notarize incomplete document.

Reply by Jens302 on 5/18/07 5:51pm
Msg #190871

I already called and told them I can not do this for many reasons.

Un-ethical and against the law to name a few of the reasons. I was told "alright, we will find another notary to do it". I replied with "I doubt you will be able to find anyone". Then my cell dropped the call. Oppsss...
I certainly hope others won't do it. The bad thing, they won't tell them page 1 is missing until they review the docs (which hopefully every nsa does before hand!).

I did offer my services for this weekend or Monday if they need someone since I already printed docs. Should I scratch the 38 pages x 2 that I printed or send them an edoc invoice which they probably won't pay anyways?

Reply by Lee/AR on 5/18/07 6:12pm
Msg #190872

Send the invoice as a matter of principle. (You have 'em; they don't.) Do not expect to get paid.

Reply by DellaCa on 5/18/07 6:20pm
Msg #190874

I would invoice them also if you do not get payed and if you have the account # to return docs if signing had happened send them back they can distroy them.

Reply by Glenn Strickler on 5/18/07 6:58pm
Msg #190880

I have had lenders send missing docs from the east coast as late as midnight their local time. seems like someone could have faxed one page ......

Reply by Becca_FL on 5/18/07 7:02pm
Msg #190882

Andy, Buddy...How ya doing?

Do the pain meds help at all?

The Network is in Orlando tonight for some mischif and for a meeting tomorrow. I've been thinking about you. I hope you are doing well.

Reply by Linda_H/FL on 5/18/07 6:46pm
Msg #190877

I'm curious why they couldn't just send you the first page again...

Reply by Jens302 on 5/18/07 8:18pm
Msg #190892

LO was on the East Coast and this happened at 2pm PDT time, said they had gone home.
Interesting enough, the LO called me about 30minutes asking me if I had contacted them
and appt was set up. NO ONE from the SS called the LO or Title to even let them in on the situation (or this is my understanding). So, the Title called me and told me to go out and get signatures except on the DOT. They'll have someone (or me) go out again or have the BO's go get that one doc notarized during the 3 day recission so it doesn't screw anything up.
She was nice and I think I am being especially nice by going out since I have another signing that I took to replace this signing. It is going to be a very late night for me! I'm just printing docs now for the new signing and then I am out of here until about midnight. Long drives for both signings. I should be charging extra for this! Atlass, I am not.

Reply by Linda_H/FL on 5/18/07 8:25pm
Msg #190893

Re: Good Luck Jen - have a safe night..:) n/m

Reply by Bob_Chicago on 5/19/07 9:23am
Msg #190921

I am NOT advocating doing anything in violation of....

the laws of our respective states, but when you think about
it, a missing page 1 of a MTG is little different from a missing
Exhibit A Legal , which has been debated to death here.
Looking at page 1 of the typical mtg , you find no info that
is not dublicated in many other dox. There are no loan terms and
usually just has bwrs name, address and boiler plate language.

Reply by BrendaTx on 5/19/07 10:02am
Msg #190929

Re: I am NOT advocating doing anything in violation of....

What you say is true.

However, Bob, the deed is the thing that's recorded.

In a Chicken Little world, there's the extremely remote possibility of dual or cross-collateralizing other properties owned by borrowers or referencing other notes owed by a borrower by referencing them on page one of the DoT in addition to the intended encumbered property.

But, if it's a lender of good repute it's highly unlikely that the lender would jeopardize their business on one itty bitty loan.

Check your pm.

Reply by BrendaTx on 5/19/07 4:13pm
Msg #190961

Re: I am NOT advocating ... small clarification

**However, Bob, the deed is the thing that's recorded. **

should be

However, Bob, the >deed of trust< is the thing that's recorded.

Deeds are recorded too, but we are talking about a DoT...and DoT is what I meant.

Reply by Doris_CO on 5/19/07 11:57am
Msg #190941

Re: I am NOT advocating doing anything in violation of....

Depending on the mortgage company, the 1st page can have a lot of information regarding the loan, such as vesting, amount of loan and legal description. Another question. By signing the DOT at a later date will that push the RTC to a later date?

Reply by PAW on 5/19/07 12:13pm
Msg #190944

Re: I am NOT advocating doing anything in violation of....

A missing page makes for an incomplete document. Period. The statute (at least here in FL) only makes ONE exception to the incomplete or blank spaces, and that is the second sentence of the particular section that narrowly addresses conditions affecting sale of the mortgage and note on the secondary market.

Anyway ...

The DOT/mortgage is not a Reg Z required disclosure, so signing it at a later date should have no effect on the rescission period. However, it certainly would have a direct bearing on funding by the lender!

Reply by JanetK_CA on 5/19/07 3:59pm
Msg #190960

Re: I am NOT advocating doing anything in violation of....

Just FYI, I had one appointment where the signing was almost brought to an abrupt end because of page 1 of the DOT. The vesting wasn't as they had requested it, and to the wife, this was an adamant sticking point. In an instant, she transformed from a very nice person to a mule parked on it's haunches. Her feet were dug in and she wasn't signing another thing until this got worked out! ;> Fortunately, it was a daytime appointment, so we were able to get a replacement page along with the other docs necessary to fix it.

Even little things can sometimes make a very big difference. And this is just one example of why it's critical that a document needs to be complete before notarizing.