Posted by Margurite on 2/6/08 11:35am
Msg #234270

General Question Regarding No Pay

Has anyone thought of putting a mechanics lien against the homeowner when pay is not received for a loan closing on the homeowner's house? Just curious here, I don't know if this is legal or not. But, I would be apalled to learn that a notary who came to my house was not paid $50 - $100 to conduct my loan closing. Shouldn't the homeowner have some responsibility? What about the Title Company who is required by law to see that all of the proper payoffs are made? Has anyone ever tried to go after the Title Co. if a signing co. didn't pay them or after a homeowner?

Reply by Cari on 2/6/08 11:54am
Msg #234274

i'm in a battle right now with Landamerica/Lawyers Title from FL...they have a home office I believe in VA. Emails going back and forth from now the tc accounting dept, me and the ss.

it's a mess.

i'm afraid one can't go after the homeowners - no legal standing there.

Reply by DogmongerCA on 2/6/08 11:54am
Msg #234275

If hired by Title, Lender, or SS

Why would you attempt to put a lien against the borrower?????????

Reply by sue_pa on 2/6/08 1:22pm
Msg #234302

Re: If hired by Title, Lender, or SS

how about unjust enrichment?

Certainly state specific and certainly needs a lawyer to figure out if you can do this

Reply by Roger_OH on 2/6/08 11:59am
Msg #234278

This has been discussed several times before. Your agreement is with the company that hired you, not the borrowers. Go after the SS, TC or lender, but the borrowers are not involved.

Reply by tinkie on 2/6/08 12:04pm
Msg #234279

work for TC's only, charge 'em $200 which is what its....

worth, and you will eventually receive your funding out of escrow. No more hoping you'll get paid.

Reply by Natalie Pott on 2/6/08 5:48pm
Msg #234363

Re: work for TC's only, charge 'em $200 which is what its....

Do you think it would be better to send marketing letters to the title companies, or go there in person?

Reply by CopperheadVA on 2/6/08 6:11pm
Msg #234370

Not every TC will pay $200 per closing

Most will pay at least $150 - a few will pay only $125. A couple will pay $175-200+.

Reply by WDMD on 2/6/08 6:15pm
Msg #234371

Re: Not every TC will pay $200 per closing

"Most will pay at least $150 - a few will pay only $125. A couple will pay $175-200+. "

And some, like LandAm or FASS will pay $40-50.

Reply by CopperheadVA on 2/6/08 6:28pm
Msg #234374

Re: Not every TC will pay $200 per closing

Ha! Very true!

Reply by Stamper_WI on 2/6/08 4:11pm
Msg #234340

Essentially, the borrowers have already paid to the TC for settlement services. This is why I asked a long time ago if its a violation of HUD not to pay the notary. If a payout went to a SS that hired you then they are clear on the HUD. The SS, who you contracted with owes you the money.
On the other hand, if you are listed on the HUD and the loan funded, there is a problem with HUD violations. This is my opinion. I am not a lawyer, just realted to a dead one.