Posted by chell on 4/21/08 10:43am
Msg #244265

When BO don't sign

and tell the SS or Lender or Title company that you the Notary instructed them not to sign and you have to take the fall because it is he said she said. BO told Lender I instructed her not to sign HUD because she was unhappy with cash back, I told them I would never do that, I give them their options and that's it. She said she believed me but I am weary about it. I have done many many signings for this company and never had this happen. And for me to instruct them not to sign would be stupid because I would get paid more if they did sign. She also told them that she signed all of the critical docs. But not the HUD. Big deal, that,s the most important. What would you do if anything. They are not giving me a hard time but it pi***s me off. Thanks for listening and giving your opinion.

Reply by desktopfull on 4/21/08 10:57am
Msg #244268

Send them back the docs that the borrower signed, they can redo the HUD during the recission period and have the borrower sign and fax back without you having to go back. Don't let it get to you. Sounds like the borrower is taking the easy way by blaming you instead of telling them they have the figures wrong.

Reply by CF on 4/21/08 10:59am
Msg #244269

Actually- it is something that I suggest from time to time. The HUD does not need a notary present to be signed. The numbers can be re-worked on the HUD. This will put you out of the problem. This makes the lender and TC- responsible for working it out with the BO. When it is after hours- this is what I suggest....sign the package and let them deal with issues. It has saved me a lot of time (you know I am not compensated enough to deal with phone call after phone call from the table to the LO and TC) and trip fees and no sign fees.

I would not see it as a problem at all- the TC and Lender and LO can do their job- let them get their hands dirty- and save their own loan- on their time!!!! I have been thanked for suggestiong it- the docs wont need to be redrawn....and no trip fee. The HUD can be faxed or emailed to the borrowwer and then the original can be overnighted. (which I leave that information with the borrower)

As for taking the fall.....I tell it like it is....and I do not take the fall. I am experienced enough to make decisions- and I stand by my decisions that I make. If I tell a borrower not to sign the HUD- then I tell the TC- yes, I told them that and saved the loan- so everyone could make their piece of the pie- now you work out the numbers. Not that this happens very often- but did just happen 3 times last month. Just my 2 cents.

Reply by LindaD/NJ on 4/21/08 11:12am
Msg #244272

When anything like this arises, I call from the closing table, get the persons name and # I called. And if anything I leave a voice mail as to same and also have the bo's speak to whomever or leave their message also. Never had a problem later all documented and off of my chest Although, I have had the he said she said situation and if I would have called, it would not have been MY issue! Especially lately!

Reply by chell on 4/21/08 11:31am
Msg #244278

that is exactly what I will do from now on. The Title co. is not giving me a hard time but this really struck a nerve, because I never talk anyone in or out of signing, it's not my loan nor my money. Thanks for the input

Reply by CaliNotary on 4/21/08 11:43am
Msg #244283

If the title company isn't worrying about it, you shouldn't either. They deal with the same people we do, they know that people sometimes lie and shift the blame where it doesn't belong. I think we've all had that happen to us, just goes with the territory.

Reply by Les_CO on 4/21/08 11:14am
Msg #244273

Did she sign the HUD or not? If not, did you tell her to call her LO, from the signing table? Did you try and contact the SS, Title or the lender, and tell them the problem?
Did you return the docs along with an unsigned HUD? Did you leave her a ‘Borrowers Copy”? I always try and get the borrowers to go ahead and sign ALL the docs, and if there is a (unresolved) problem that they (title/lender) can fix it during the RTC, or she can simply cancel the deal. If not just get her to sign the copy of the HUD you left with her, and to overnight it to title. Or if the LO can get her more $ to change the HUD and send her the ‘revised’ version to sign. You don’t need to notarize the HUD, they should be able to go forward without you.
Unless you tried all this, sounds like you messed up to me.

Reply by chell on 4/21/08 11:36am
Msg #244280

as a matter of fact she did call the lender...not in.....title company...not in.....gave her the options....husband instructed her not to sign because if they did not cancel in time they would be stuck with a loan that did them no good. So you see it was completely out of my control. And no she did not sign the HUD because that was where her problem was, she was not getting the cash back that she was originally told she was getting.

Reply by chell on 4/21/08 11:39am
Msg #244281

This ought to be interesting...I was just called to go and do this loan again tonight. Hope it turns out better.

Reply by Les_CO on 4/21/08 1:55pm
Msg #244307

Re: When BO don't sign/I was just called

That tells you that you did okay. There are some LO's that really should be doing something else.

Reply by CopperheadVA on 4/21/08 12:27pm
Msg #244293

Another case of the L/O not going over the true loan terms

with the borrower before the notary gets there!!!

<< ...her problem was, she was not getting the cash back that she was originally told she was getting >>

Reply by Les_CO on 4/21/08 1:52pm
Msg #244306

In that case you did what you could! More than most. It's not the signing agents job to "save the loan" or try and cover for a lying, or inept LO. You deserve your FULL fee.

Reply by Gary_CA on 4/21/08 1:43pm
Msg #244304

Some days you're the pigeon and some days you're the statue n/m

Reply by christiSocal on 4/21/08 2:20pm
Msg #244311

LOL. Now ain't that the truth!!! n/m

Reply by Shelly_FL on 4/21/08 5:25pm
Msg #244345

This is why I use a "Refuse to Sign" form when borrowers object to signing. They write in their own words why they are not signing, who they called/talked to, if they left a message, and what phone number they called. Then there's no question about it. If neccessary, I'll fax it along with the invoice.

Reply by chell on 4/21/08 6:49pm
Msg #244380

shelly that is such a great idea thanks for sharing