Posted by JerryhFL on 2/19/08 12:18pm
Msg #235994

How Would You Handle

Without mentioning the company at this time, I have a problem that I would like feedback from people that may have gone thru the same situation.

In early January, I was contacted late in the evening to print documents and witness a loan signing. The closing was a "pain" due to the fact that the documents were not prepared properly. After several phone calls, while I was with the borrowers, we finally completed the package and I sent the documents back the next day.

As a rule, I always follow-up to make sure that I performed to the contracting company requirements. Thay were completely satisfied and even put this in an e-mail to me.

The borrower rescinded and now the contracting company will not pay anything, not a trip or print fee. They said to collect from the borrowers. They indicated that in their package was a document stating the borrowers are responsible for my fees. I requested a copy of the document. We will see if such a document exists.

Before I go and "blow" my stack and post the company name on the forum boards, I am looking for a solution.

How would you handle?

Reply by sue_pa on 2/19/08 12:35pm
Msg #235999

Off the top of my head, I see 4 choices.

1. Sue the hiring company immediately - why wait and send demand letters when they have indicated they won't pay. Let them bring the borrowers in as additional defendants.

2. Demand payment from the borrowers and if they refuse to pay, sue them immediately - hoping that form doesn't violate any federal regulations as you'd probably be the first in the country to sue on it.

3. Sue everybody and let the judge decide who owes you.

4. Eat your loss and move on.

You don't remember this form? I know of only 2 companies that have ever had it in my packages and I remember both of them - such an odd ball form that I can't imagine forgetting it.

Reply by Rachel/ORWA on 2/19/08 12:40pm
Msg #236002

You are not alone, Sue...

I recently posted on this subject (form stating BO is responsible for fee) without mentioning the TC. I received several PMs from people who accurately identified the company.

Reply by OR on 2/19/08 12:44pm
Msg #236003

Did your contract say they would not pay you if the loan did not fund. Call title and ask if the Co that hired you got paid, let them know you were not paid. Good luck

Reply by OR on 2/19/08 12:47pm
Msg #236005

PS. If it is a title co that won't pay try calling the LO and ask them about your payment. Good luck

Reply by MistarellaFL on 2/19/08 12:45pm
Msg #236004

4. Eat your loss and move on.

That would be my pick.

Reply by KKinNoCal on 2/19/08 2:21pm
Msg #236022

Re: 4. Eat your loss and move on.

Here is why I think eat your loss and move on is the wrong choice-as long as these companies know that most notaries will roll over , they can contimue to pull this crap. If most notaries made a serious fuss and did whatever it takes to get paid-maybe they would not try to get away with this behavior. Just my opinion and how I handle these situations.

Reply by sue_pa on 2/19/08 2:33pm
Msg #236025

Re: 4. Eat your loss and move on.

he stated the company won't pay him. his only other choice is to sue someone. How many on this board have actually taken that step? Not many I'd bet.

Reply by JanetK_CA on 2/19/08 9:05pm
Msg #236117

Re: 4. Eat your loss and move on.

Your philosophy kind of reminds me of a home seller saying "That's my price, and I'm sticking to it!" They have every right to do so, and if their circumstances (including neighborhood, personal finances, urgency, "competition" are such that they can afford to do so, good for them. Many notaries are in a similar situation. If you are in an area with few other competing notaries, lots of activity, and/or a good stable of solid clients, then you can afford to take that position. Someone else may find that if they want to continue to stay in business, practicality requires that something has to give somewhere. Everyone needs to find their own niche or marketing edge, etc. to deal with current market conditions.

In the highly saturated areas, most hiring entities know that they can always find someone else to call. Personally, I think that reality stinks, but we each have to decide when it's worth it to take a calculated risk with our clients. For a real good title co acct., it may well be worth taking a hit once in a while. If it happens often, then it's time to find a new client!

Reply by ZeeCA on 2/19/08 1:01pm
Msg #236014

MAJOR reason to keep the edocs in a file until you are paid

cuz how can you prove that particular paper they will send you was in the pile?


secondly........if you want to collect send them and a bill and state YOUR company terms.. NOT what theirs is if you want to collect and of course do you want to work for them again?

jmo not a lawyer blah blah blah

Reply by Ernest__CT on 2/19/08 2:10pm
Msg #236021

I'm with ZeeCA, as nearly always. Don't delete until paid! n/m

Reply by PeterRado/FL on 2/19/08 3:56pm
Msg #236053

Re: I'm with ZeeCA, as nearly always. Don't delete until pa

Dito. I had a Title Co. refuse to pay me a Trip and or Print fee. As is my way... I harassed them so much that 2 months later the owner sent me her personal check for $75.00 just o get rid of me. I didn't care. I got paid. I think they are out of business now. GOOD!

Reply by CJ on 2/19/08 6:27pm
Msg #236079

suing people

I am not afraid of suing people, and I might even win, but taking a day off of work to do it, and turning off my phone it court might cost me more than eating the loss.

That's how I see it.