Posted by Leon_CO on 12/8/08 8:00am
Msg #271357

Is reneging on a closing assignment ever justified?

Earlier I posed a hypothetical situation about a closing assignment that was turned down because the signing agent read some 'negative' comments about the company.

But what if you've accepted an assignment, and there are no negative comments, no payment issues, ... etc.?

Are there any circumstances where you would renege on an assignment AFTER you have accepted it?

Is there ever any justification for doing so? (not counting a medical emergency, family emergency, ... etc.)

Reply by Linda_H/FL on 12/8/08 8:22am
Msg #271358

Right off the top of my head: (1) after-discovered facts about the assignment (such as a single refi turns into a piggyback, distance/location is father than originally disclosed, straight refi turns out to be a 300 page FHA) and I can't accommodate these changes or the hiring party is unwilling to compensate me for the additional changes; (2) docs come in too late for me to be able to complete the assignment; (3) ID issues that cannot be resolved and rescheduling is unacceptable to the company (they want me to complete the signing with ID as is..); (4) I'm asked to backdate after accepting the assignment.

Although I do all I can to not turn the assignment back, sometimes it's unavoidable.

Reply by jba/fl on 12/8/08 8:24am
Msg #271359

What about finding they are deadbeats? forgot to address that, the primary issue of his post

Reply by Leon_CO on 12/8/08 8:28am
Msg #271361

>> What about finding they are deadbeats? <<
-------------------------------------------------------

"But what if you've accepted an assignment, and there are no negative comments, no payment issues, ... etc.?"

Also, we're assuming that you haven't made it to the closing (i.e. no ID issues, etc.)

Reply by Linda_H/FL on 12/8/08 8:30am
Msg #271362

"Also, we're assuming that you haven't made it to the closing (i.e. no ID issues, etc"

I address ID during the confirmation call - make sure they have it and how their names are on the ID they're presenting...so ID issues come into play for me before I reach their doorstep.

Reply by Linda Juenger on 12/8/08 8:39am
Msg #271363

Yes, when its an old boyfriend. lol

I accepted a closing from a regular. No problem until I got the confirmation. It was an old boyfriend that I didn't care to meet again. I called the company and we had a good laugh with it. The company asked me if I could try and find someone else to do it. I said I would try. So, I got to play SS. I called a guy near me and he agreed to do it. I had the docs and I met him and paid him on the spot and waited for my money 30 days. I don't know what I would have done if I couldn't find someone else. I really didn't want to do it and am glad it worked out for all. I would have hated to leave the company hanging.

Reply by Les_CO on 12/8/08 9:27am
Msg #271367

NO! n/m

Reply by Linda_H/FL on 12/8/08 9:30am
Msg #271370

Interested to hear your reasons, Les...please expound.. n/m

Reply by Les_CO on 12/8/08 9:46am
Msg #271372

Re: Interested to hear your reasons, Les...please expound..

I guess I’m just ‘old school’. I believe that if I accept an assignment, I DO the assignment. There are many people in this (and related) business that depend on me to do my job, and to do it correctly in a timely manner. That includes dropping the docs, even if inconvenient.
Now I’m not talking about a deadbeat company owes me money. Or if the job is grossly misrepresented. Or I get into an accident. Or have a heart attack.

Be professional…If you take a job, go do it. Regardless of babysitter, boyfriend, or dancing with the stars.

Reply by Leon_CO on 12/8/08 9:49am
Msg #271373

Re: Interested to hear your reasons, Les...please expound..

>> Or if the job is grossly misrepresented. <<
-------------------------

Then your answer is not an unconditional 'NO'.

There are circumstances where you would renege.

Reply by thnotary_NY on 12/8/08 6:53pm
Msg #271453

Re: Interested to hear your reasons, Les...please expound..

There are exceptions to every rule.

Reply by Les_CO on 12/8/08 9:52am
Msg #271375

Re: Interested to hear your reasons, Les...please expound..

Yeah Leon! Especially if I had a heart attack.

Reply by Leon_CO on 12/8/08 9:54am
Msg #271377

Re: Interested to hear your reasons, Les...please expound..

>> Yeah Leon! Especially if I had a heart attack. <<
---------------------------------------------------------------

"not counting a medical emergency"

Reply by Linda_H/FL on 12/8/08 9:55am
Msg #271378

Re: Interested to hear your reasons, Les...please expound..

Les, he said "Is there ever any justification for doing so? (not counting a medical emergency, family emergency, ... etc.)"

Reply by Les_CO on 12/8/08 10:16am
Msg #271385

Re: Interested to hear your reasons, Les...please expound..

Okay…..Lets suppose a scheduler calls me for a signing across the street at 11AM. It’s a re-sign on one document, that was somehow missed. I say sure I’ll do that for $65.
Then I get the docs. It turns out that one of the borrowers lives across the street from me, but the signing is to be held at a bank building on 16th street, downtown Denver at 9 AM. And it’s a full refi, first and second, on a building held in a trust with 4 trustees signing, one with a POA. I need to download and take all parties copies, say 700 pages. I call the SS and explain the traffic, the parking, the copies, and the time involved, and ask for my fee to be adjusted accordingly. They get nasty and say no, we normally only pay $50, so your fee is really $10 high. I say thanks, but no thanks. I really don’t think the criteria under which one takes, or does not take an assignment is that difficult to figure.

Reply by Prosperity on 12/8/08 9:31am
Msg #271371

I accepted an assignment before & later found out it was my next door neighbor. I offered to turn the assignment back in to SS, but the neighbor was cool with me doing it.

Reply by Gary_CA on 12/8/08 10:17am
Msg #271387

Not for payment issues... probably not for misrepresentation

G/B/U reports are highly overated. I know the three or 4 awfullest companies of the top of my head, and wouldn't take a job from them even in the car in rush hour traffic.

So I think a lot of people are depending on you and deserve the job done. I'd do one of those and watch the payment like a hawk.

By the way, I don't worry about a payment till 60 days. I think these posts about slow 34 day payers are asinine.

Packets that are larger, extra signers and signings that turn out to be in Timbuktu are a PITA but I wouldn't cancel for them. I have occasionally called back and said "I'm sure you didn't realize..." usually that gets a fee bump, but even without it I've always bit the bullet and did the signing. I remember a few that were like 3 cases of paper (okay 200 pages)... but once accepted I do them.

The only thing not mentioned so far that has brought me this close... jackass LO's at the signing or on the phone. Not run of the mill idiots, extreme cases. I've never pulled the plug on a signing --yet-- but I did tell one (who decided to take me to task over what was or wasn't my job over a speaker phone) "It sounds to me like you'd be happier with a different notary." It was 8pm on the lock expiration day; the comment had the desired effect, a major attitude adjustment. Empty threat? Maybe... but he was a whisker away from "I'm outa here" The borrowers and the SS wanted me to do another loan on their other house with the same LO the next week and I turned it down.

Reply by thnotary_NY on 12/8/08 7:02pm
Msg #271455

Re: Not for payment issues... probably not for misrepresentation

Funny, (well, not at the time) but that sounds alot like one I had awhile ago. I had him on speakerphone also so the bwr. could hear. I did send the Co a letter, but never heard back.