Posted by bhb/VA on 8/8/08 1:21pm
Msg #259327

Unbelievable!

I was finally fed up! I called the title company this morning about a signing I completed for Closing Quest (actually 2 trips - 2 fees) and mentioned to them that I had not been paid. Their reaction was that it was not their problem that Closing Quest had gotten the job done for them and basically they don't care if their notaries got paid or not. I thought they would like to know that we aren't getting paid. They said they had only gotten 1 other complaint and that basically it was not their problem. And asked me (with an attitude) just what did I expect them to do about it. What an attitude for a business to have! Somebody throw a bucket of ice water on me - I am still steaming!

Reply by Nancy M. Misenar on 8/8/08 1:27pm
Msg #259330

May I ask what title co. this was.

Reply by bhb/VA on 8/8/08 2:30pm
Msg #259347

Nancy, I sent you a PM n/m

Reply by Teresa/FL on 8/8/08 1:56pm
Msg #259333

Who was the TC?

It is true that you contracted with Closing Quest, not the TC, for this work so there is no obligation on their part to pay you, but there is no need for the attitude. Did they at least tell you that they are no longer using Closing Quest?

I had a conversation with a LO last week concerning Closing Quest. I had just completed a RESPA signing for her (arranged through a TC) and she told me they used to call Closing Quest to handle these assignments, but had experienced problems with the notaries that were being sent out, so now they are using a TC to schedule both the RESPA signing and the closing.

I told her I had never done business with Closing Quest but had heard they had issues paying notaries.

Reply by bhb/VA on 8/8/08 2:27pm
Msg #259345

Re: Who was the TC?

I knew they had no obligation but I thought they would like to know. I would want to know if I was in their position. And no, to paraphrase....Closing Quest is doing a good job for them getting the loans signed and they will continue to use them. It's not their problem if we don't get paid. She did say that she would send them an email that I had called.
Actually I feel sorry for someone with an attitude like that. I may be out $$$ but at least I can sleep at night. What goes around, comes around.

Reply by Teresa/FL on 8/8/08 2:38pm
Msg #259351

Re: Who was the TC?

Yes, the attitude will get them in hot water, sooner or later. When Closing Quest is no longer able to find notaries to fill their closing orders they may have to rethink their position.

Good luck with getting Closing Quest to pay up.

Reply by MeganC/CA on 8/8/08 2:30pm
Msg #259346

Can you take them to small claims for breach of contract and court costs? If they are refusing to pay for work completed, that's a major issue in my book.

Reply by bhb/VA on 8/8/08 2:36pm
Msg #259349

What many people don't understand: You can take someone to small claims court and you can win a judgement. But even if you do that, you cannot make them pay the judgement. After you get the judgement, "if" you know where they work, you can get a garnishment. Fee for small claims court as of yesterday = $51.00. Out of state service was $19.00. Garnishment fee was over $50 last time I filed one. It would cost me more to get $0 than they owe me to begin with. And it's not going to break me, it's just the principle of the whole thing. And the attitude of the title co.

Reply by Deborah Lewellen on 8/8/08 3:05pm
Msg #259360

Why are you people still accepting jobs from Closing Quest? After dealing with them last yr. owing me for 4 jobs in two months, my first. exp. with them not paying without begging, I decided I would never work for them again. Lo and behold I get a call to do a closing for them last month, and I respectfully declined. I don't need the disrespect or the aggravation of not being paid or having to beg for my money. If People would stop accepting the assignments, then this crap would stop.

Reply by Negrete on 8/8/08 3:09pm
Msg #259362

Very well put Deborah!!!!!

If all notaries would not do closigs for the lowball and non-paying companies then the Title Copmanies would find other SSs or call notaries direct.

GET IT ?

Reply by Lee/AR on 8/8/08 4:11pm
Msg #259373

Not really, Tony... You don't 'respectfully decline', you

flat out politely tell them why you are declining--because they don't pay their notaries.
I don't know that telling 'em over & over will actually change their ways, but "being busy" or even just saying "Sorry, no can do" doesn't say it nearly as well as "I'd love to do it for you, however, you don't pay your notaries, so I must decline."

Reply by MichiganAl on 8/8/08 6:27pm
Msg #259389

closigs? Copmanies? My, my are those typos? n/m

Reply by Linda_H/FL on 8/8/08 3:43pm
Msg #259368

Doesn't CQ also operate a title company?

Their statement that there was only one other complaint is suspicious to me - I don't care what board you go to there are volumes of complaints about Closing Quest - (quick FYI they're paying at 120+ days, so I hear..) I seem to remember hearing that CQ also has a title company...hope for your sake it's not true but it sure would explain that type of attitude. You might search here - I believe it was posted here...

In the meantime it would be helpful if you'd post the name of the TC so we know who to watch for ... MHO

Reply by Negrete on 8/8/08 4:37pm
Msg #259379

Re: Doesn't CQ also operate a title company?

NO, they DO NOT own a TC.

The TC that they SOMETIMES work with is Archer Land Title out of Indianapols Indiana. Again, sometimes I say, because Archer is very familiar with CQ payment problems.

One of the things that you notaries that do closing for them could do it tell the Managers at Ace Mortgage (which by the way is the mortgage company that CQ works with ) is that if you don't get paid ASAP is that you are going to call the borrower and ask them to pay you cause CQ is NOT paying you in a timely manner.

JMHO

Reply by Linda_H/FL on 8/8/08 4:42pm
Msg #259381

I thought Title Quest = Closing Quest....

Someone was talking about it somewhere - can't remember if it was here or not - but that was what she'd found out.

And the last RESPA signing I did for CQ I ended up doing exactly what you suggested, Tony - calling Ace Mortgage LO and recruiting him - finally got paid and never took another assignment from them again.

Reply by jba/fl on 8/8/08 7:52pm
Msg #259396

Re: I thought Title Quest = Closing Quest....

Brandi may have mentioned it. She told me they were getting ready to open a TC or take over a TC. I don't know that it ever happened though. Haven't had any contact for many moons now.

Reply by Linda_H/FL on 8/8/08 8:40pm
Msg #259406

Wasn't you, Julie - someone else found out that the info

for their TC contact was the same as CQ contact info - someone else compared their notes and confirmed it...can't remember who but it wasn't so long ago - nothing more was said and the topic just kind of died a quiet death.

Reply by jba/fl on 8/9/08 8:31am
Msg #259461

Re: Wasn't you, Julie - someone else found out that the info

I have an order that Brandi told me was a 'Todd or Dave" co. - I will research this week-end....

Reply by desktopfull on 8/8/08 9:29pm
Msg #259413

You can't go back on the borrower they have already paid

the fees on their settlement statement and they didn't contract for the service. Check out the RESPA

Reply by CaliNotary on 8/9/08 2:46am
Msg #259437

Re: You can't go back on the borrower they have already paid

Trying to get payment from the borrowers and threatening to try to get payment from the borrowers are not necessarily the same thing.

Reply by Kevin/Ct on 8/9/08 6:06am
Msg #259440

Re: You can't go back on the borrower they have already paid

Threatening collection actions which you can not enforce or never intended to follow through are unfair collection practices prohibited by federal law. You could find yourself on the bad end of a countersuit.

Reply by BrendaTx on 8/9/08 6:40am
Msg #259444

Re: You can't go back on the borrower they have already paid

**Threatening collection actions which you can not enforce or never intended to follow through are unfair collection practices prohibited by federal law. You could find yourself on the bad end of a countersuit.**

No way! You mean like scumbag collectors who harass people on the phone at all hours at work and at home and try to scare them into producing blood from a turnip? I have worked for lawyers who pushed back at those people over the years and it's always SO much fun to choke them down.

I, too, thought it was odd when Negrete suggested this.

Reply by Kevin/Ct on 8/9/08 8:06am
Msg #259455

Re: You can't go back on the borrower they have already paid

The borrowers are consumers protected by the Federal Fair Debt Collection Act. They are not parties to the contract between the signing service and the notary. Unless there is an alternate valid cause of action against the borrower such as enforcement of a lien on the file, threatening collection action without a reasonable basis subjects the threatening party to civil action.

Reply by Kevin/Ct on 8/9/08 8:28am
Msg #259460

Re: You can't go back on the borrower they have already paid

That should read Federal Fair Debt Collection Practices Act

Reply by Lee/AR on 8/9/08 7:00am
Msg #259450

Kevin--your take on agreement in some TCs docs that B is

responsible for payment to Notary in case of rescission??? B's do sign (or refuse to sign, if they're smart), but I still think it's unenforceable.

Reply by Kevin/Ct on 8/9/08 8:13am
Msg #259457

Re: Kevin--your take on agreement in some TCs docs that B is

Provided the agreement is permissable under RESPA, and there is a separate valid contractual obligation created by an agreement it may give rise to a valid collection action. However, the collection action would have to conform to the Federal Fair Debt Collection Act.

Reply by Kevin/Ct on 8/9/08 8:27am
Msg #259459

Re: Kevin--your take on agreement in some TCs docs that B is

That should read Federal Fair Debt Collection Practices Act

Reply by Lee/AR on 8/9/08 11:18am
Msg #259473

Re: Kevin-there is NO $ amount stated in this Agreement, so

how can that 'make a contract'??? It's added to docs by TC as a 'Title doc'.

Reply by Kevin/Ct on 8/9/08 11:59am
Msg #259486

Re: Kevin-there is NO $ amount stated in this Agreement, so

A missing price term is strong evidence that the parties did not intend to be bound by contract, and can be damaging to a plaintiff's contract claim. However, assuming that there are no other complications it is not always fatal to the claim. In some cases where there is an intent to be bound clearly expressed in the contract the price becomes what is called a "reasonable amount" where no price term is clearly expressed. Another argument is that the borrower could be contstrued to be a guarantor of the payment which the ss agreed to pay. In some cases the fee is expressed on the HUD 1 form. As always the validity of the claim would be left to the court to decide and the law of the forum state.

Reply by Lee/AR on 8/9/08 11:13am
Msg #259469

Think Cali means 'threatening' SS/TC that you'll call B. n/m

Reply by CaliNotary on 8/9/08 11:32pm
Msg #259540

That's exactly what I mean

I would never actually bug the borrower, but I would absolutely have no problem lying to the TC or SS and telling them that I was going to do it.

Reply by WITH_A_P on 8/8/08 4:34pm
Msg #259377

I have been fighting with Closing Quest for payment for two months now. I just filed a complaint with the BBB. You should do that too!

Reply by ZeeCA on 8/8/08 5:02pm
Msg #259385

why? n/m

Reply by Margaret O on 8/8/08 5:40pm
Msg #259388

I filed a complaint with the FTC.com Federal Trade Commission. I wrote them an email and told them I wish I did not have to do this but you left me no other choice. I want my invoices of $100.00 paid please.

Rikki wrote back said

I have forwarded this to the owners it is out of my hands.

Rikki Cogdill

Accounting Manager

[e-mail address]

[e-mail address]

The gaul of that person is just unbelievable as you said.

I think we all need to do that. I have waited four months for $100.00 and now I probably won't get it at all. It will be worth it if we can show them we mean business and pay us for our work.

Reply by Jack Tri on 8/8/08 6:53pm
Msg #259391

Call that Title co. Back tell Them you will be calling for a audit..And Your reporting them to the FTC.They will pay you or even call Closing Quest to get you paid They never want to hear the audit word.as far as Closing Quest File a complaint online with the FTC (http://www.ftc.gov). They doing business across state lines, using both phone and website to transact business nationwide. Federal statutes prohibit such fraudulate activities, procuring services with no intent to pay.