Posted by SoCal Signing Co. on 4/9/08 12:48pm
Msg #242841

give me your opinion on this

I had a signing for a Saturday at 8:30 am. We are asked to fill the signing, but do not have the notary call to confirm until 8:00am the morning of the signing.
signing agent agrees.

I ok the printing of the docs friday night, before confiming with the borrower as it is a no brainer to do so.
At 8am the signing agent, says, borrower is not in that city and can not sign there.
I tell the signing agent im sorry, but I will of coarse pay the $25.00 print fee that is specified in the confirmation. (darn broker did not give us the correct signing location) I refill the signing. Loan gets signed, no further issues.
Signing agent demands the print fee of $25.00 (no problem) plus $14.00 download fee.
I explain that SoCal pays $25.00 for this service.
he sends me an email as follows:
Subject: CIVIL ACTION

Under California Code of Civil Procedure, this notice constitutes legal demand for payment in the sum of $500 for your bad faith intent to defraud us. This is in regards to your actions as the result Grover Beach loan signing .

Your conduct in this matter falls under activity addressed in California case decisions which will rule against you and lender personnel.

We are also naming the escrow and lender personnel. The venue is San Luis Obispo County.

If we do not receive an overnight shipment of payment of $500, a small claims action will be filed against you and all lending parties.

I email him and say, he might as well sue, because I will not be sending him $500.00 by any means. He claims he filed suit yesterday, with SoCal, lender, escrow all named on law suit.


he also is filing suit in this county im sure so he feels no one will show up!
I however have no issue with this, as my parents live there. I tell him, I will not send the $500.00 so he files suit yesterday.


what do you think?

Reply by Cynthia Furgason on 4/9/08 12:55pm
Msg #242845

Sounds like this person has been "raked over the coals" and possibly found a way to capitalize on cancelled closings. It may or may not work out for the law suit. Not too sure how you go from a $39.00 demand to demanding $500.00 that may take some coaxing out of a judge. The $14.00 download fee- that sounds interesting! Strange number too $14.00- was that just pulled out of the air or something???

You people in Cali- have way too many laws and variations of them all to keep up with!!!! Good luck!

Reply by Roger_OH on 4/9/08 1:01pm
Msg #242851

You gave the SA a confirmation which included a $25 print fee; you said you'd pay that - end of story, as there was nothing else in the confo (such as a "download fee" you can be responsible for. The signing didn't happen, so the SA did no travel or work for you. The signing fee is all he/she is entitled to, in my view.

Let us know how this turns out.

Reply by Charles_Ca on 4/9/08 12:59pm
Msg #242849

If it was me and this was file in Superior Court as a Civil

Suit I'd file a Motion for Summary Judgement due to the case having no merit and ask for costs and punitive damages. You didn't say if this was a Small Calims Action but it surely doesn't beling in Superior Court. But then I'm not an attorney and that is just what I'd do I certainly can't advise you what to do! I'm sure that a member of the Bar would be gald to take care of this for you and very quickly.

Reply by Helen Berry on 4/9/08 1:20pm
Msg #242867

Re: If it was me and this was file in Superior Court as a Civil

Hi Lisa....... wow, a jump from 25 to 39 and now to $500. I think he chose the $500 as that is what California takes as the minimum for small claims court. At least that is what I have been told. I do many signings for you and you have been very prompt and courteous when signings have cancelled and I invoice you for the print charge which is listed there on your order confirmation. I don't know where this person is coming from- Since he didn't have to spend a dime on drive time he should be happy with the print fee. He is losing money just by filing the silly thing. I think it will be tossed out of the court system. Good luck.

Reply by tinkie on 4/9/08 1:20pm
Msg #242868

When laypersons dabble with the language in demand letters,

or, send demand letters at all, they CAN be dancing with the devil and UPC. Neither can I advise you, as I am not an attorney. But if it were me, I would simply forward it to my attorney to brighten his day.

Reply by tinkie on 4/9/08 1:24pm
Msg #242869

UPL n/m

Reply by SoCal Signing Co. on 4/9/08 1:27pm
Msg #242871

Re: When laypersons dabble with the language in demand letters,

THANKS !
Actually I did send it to my attorney and this is what he said:
It's bull. He's trying to extort money from you. For a disagreement over $14.00 I don't think the court is going to take kindly to him suing for fraud in the amount of $500.00. It's abuse of the system. He can't even come close to proving a case for fraud so let him sue. I also believe that if there was no written contract regarding his printing fees, that the jurisdiction for this suit would be where you live, L.A. Co.
Here's a site where you can call for free with questions about small claims suits.http://lacountydca.info/tsSCCBranchOffices.html

as attornys can not represent you in a small claims case, its good advise,
I think he is trying to sue and get judgements because he will feel no one will show up so far away.

But I will
and gladly, Charles I will look into your thoughts of an action as well, and let everyone know how it goes and if it does.

Reply by A-1 Signing Agents, LLC on 4/9/08 1:33pm
Msg #242874

Re: When laypersons dabble with the language in demand letters,

First off, how did you keep from cracking up? I think it's called fuzzy math what he's quoting you. $25, $14 = $500.00. What a whack job. Good for the laugh of the day I say.

Reply by Donna LaBelle on 4/9/08 2:04pm
Msg #242887

this is ridiculous. You have always been more than fair and have bent over backwards to help. This notary obviously doesn't realize that she/he is shooting themselves in the foot by pulling this nonsense.

Reply by Dave_CA on 4/9/08 2:49pm
Msg #242899

Donna, Hope and pray that they file. You should be good for costs and perhaps damages.

IMHO

Reply by SoCal Signing Co. on 4/9/08 3:33pm
Msg #242912

thank you Donna

Reply by CaliNotary on 4/9/08 3:23pm
Msg #242909

Tell him to show you where you ever agreed to a $14 download fee. Then tell him to kiss your a$$ and expect a call from your $300 an hour lawyer explaining the countersuit you'll file against him, the one which you'll clearly win and can also recover legal fees. Nobody is stupid enough to waste their time in court over $14, he's just hoping to scare you. Scare him right back.

Reply by SoCal Signing Co. on 4/9/08 3:33pm
Msg #242911

cali

hahahaha
that is great!

Reply by Tish/CA on 4/9/08 4:37pm
Msg #242936

This is laughable, seriously, over the top ridiculous. I'd ignore the whole thing and furthermore I'd send him (?) the $25 print fee and see if he cashes it thus proving acceptance of FULL payment. Jeeeesh, it makes me so mad when I hear about people trrying to extort $$ anyway they can!!! (not giving advise, not an attorney, etc)

Reply by SoCal Signing Co. on 4/9/08 4:45pm
Msg #242939

he told me he would not accept my $25.00. So I over nighted it by fedex (I have a very very good rate with them) just for additional proof I sent it.

I thought about certified, but he could of turned the letter away.


this is so much fun!

Reply by Helen Berry on 4/9/08 5:50pm
Msg #242948

I like Cali's idea. Does this person really think this is going to work? You should have your dad serve the papers for you..........hahaha

Reply by SoCal Signing Co. on 4/9/08 6:01pm
Msg #242952

my dad says, he hopes he really is suing me, cause he would love that suit.
dad is a retired detective..

I will gladly let him handle it for me, since he lives 5 mins from this man

Reply by Tish/CA on 4/9/08 6:30pm
Msg #242954

I know you probably don't want to disclose his name but can you just tell us if he posts on this forum....that you know of. Atleast you're having fun with this. you got to have a sense of humor in this business.

Reply by SoCal Signing Co. on 4/9/08 6:46pm
Msg #242958

nope he has not posted before

Reply by Sylvia_FL on 4/9/08 9:30pm
Msg #242970

"see if he cashes it thus proving acceptance of FULL payment"

From watching the TV judge shows (I am not an attorney but I watch the court shows <g>
unless Payment in Full is written on the memo line it doesn't prove it was full payment.
If the memo line indicates payment in full and they cash the cheque then they have accepted it as payment in full

Reply by MonicaFL on 4/9/08 11:16pm
Msg #242975

How much does it cost to file a suit in small claims court in CA? Seems to me that it would cost him quite a bit more than $25.00 or $39.00. We all know there are lawsuit happy people out there. If you get served, I would make sure that I copied the e-mails he sent you as well as your confirmation sheet. I have worked for you several times Lisa, and you have always been fair. Please keep us posted.

Reply by SoCal Signing Co. on 4/10/08 10:32am
Msg #242993

thank you Monica

Reply by sue_pa on 4/10/08 6:42am
Msg #242982

I LOVE Judge Judy - sure hope no one ever gets me in front of her because she'll have me reduced to tears before I even speak !!!

I'm not sure that writing payment in full on the memo line works. If I write paid in full on the memo line of my next month's mortgage check surely the bank won't consider me paid up. Same with the electric company - if I send in a $5 check I'm not going to be paid up. I don't think 'people' look at checks any longer - that's why when people truly get them in the wrong envelopes (mix up gas and electric) the checks get cashed anyway. I believe everything is automated.

That said, if the person agreed to print for $25 that's probably what they're stuck with.

Am I the only person who reads their settlement sheets? Companies charge download fees quite often. They charge $35-$85 for electronic delivery of docs.

For the one above who said that all he was out was his printing, how about his time being booked for the appointment? Surely a sticky point in this business but it's always something to be considered.

Reply by SoCal Signing Co. on 4/10/08 10:32am
Msg #242992

there is a interesting observation, he printed docs and made a phone call, your right about that. He lost out on a signing, and I know how frustrating that is.

But since you do watch Judge Judy, you would know you can not add to a contract after accepting the first contract.
By calling the borrower and printing the docs, he agreed with the contract. He can not come back later and demand more money and expect to received it.
And he can not demand to extort $500.00.

Reply by sue_pa on 4/10/08 10:59am
Msg #242995

I agree

his deal is his deal. I was just noting that the other signing service replying completely dismissed his time being reserved and that it was worth nothing. I'm sure title companies and signing services, along with the notaries, would like to see everyone compensated for their time when the orders fall through but it just doesn't happen - again, I was just noting that she completely dismissed that part of the guy's job. With many companies I explain that I will be paid if the order cancels and I'm on my way or if they don't sign when I arrive. With many companies I get paid $00 if they don't fund even though I've gotten every page signed correctly. Different deals for different clients - what they expect, what I expect, ease of assignments, volume given, fees paid, etc.

Reply by MW/VA on 4/10/08 7:41am
Msg #242987

OMG, are you kidding? Sounds like some desperate notary has turned scam artist!