Posted by lindab on 7/3/08 1:07pm
Msg #254072

Wondering

I need an answer from this board regarding the following problem. Did a closing for company xyz. Borrower 's POA signed ALL papers with no problems whatsoever. (Actual borrowers are in Brazil) A week later I get a call to go back out with all new documents and do the entire closing over again. The first one didn't fund due to the fact that the borrowers are in Brazil and a friend of their's here in the states was supposed to send the title company some documents within the 3 day RTC window. This 3rd party sent them through snail mail so therefore they weren't received in time to close the first time. Since I performed two complete closings, I feel that I am due 2 full payments as such. The xyz company is only paying me a trip fee for the second complete closing. Who is correct?

Reply by BrendaTx on 7/3/08 1:11pm
Msg #254073

Re: Wondering - Who is correct? You are.

It was two closings.

Reply by Lee/AR on 7/3/08 1:13pm
Msg #254074

You. Absolutely!

Another way to look at this: If you refuse, they're going to have to get/pay another notary. Your error=your dime/time. Their (or B's, in this case) error, they pay. My 'tude is that I'm not a not-for-profit nor are TCs/SS/Lenders my favorite charity.

Reply by lindab on 7/3/08 1:17pm
Msg #254075

Re: You. Absolutely!

I have tried everything to get them to pay me , but no luck. I finally contacted the Title Company. Xyz as of today still won't pay me the remainder of my fee. Owner of company claims that all I am owed is a second trip fee.

Reply by BrendaTx on 7/3/08 1:22pm
Msg #254077

Re: You. Absolutely! - small claims court time. n/m

Reply by lindab on 7/3/08 1:34pm
Msg #254079

Re: You. Absolutely! - small claims court time.

It wouldn't be worth it due to it being out of state and the amount is small. The whole thing is that I performed the job TWICE and got paid for 1.5 jobs. Maybe the company will read this and see the error of their ways. Doubt it though.

Reply by jba/fl on 7/3/08 1:44pm
Msg #254080

Re-bill them, advising that if not received by (date of your

choosing) that you will be filing reports with SOS, TC, BBB and Susie's aunt Matilda or whoever will listen to you and possibly embarrass them in so doing...and also that you will post on all the notary boards of which you are a member, listing them by name. No sense in the rest of us falling victim to their wanton ways.

jmo!

Reply by MonicaFL on 7/3/08 2:01pm
Msg #254090

Re: You. Absolutely!

JMO BUT since you took care of the borrowers' problem, why should YOU be penalized for their error. I am just wondering if the title co/or lender, charged them TWICE for notary services. I think I would just re-bill them and give them a final notice date and then tell them that will be contacting the borrowers' poa attorney requesting the correct address for the borrower so they can be told of the error and be sure to tell them that it wasn't YOUR error. I wonder what the response would be from the POA signer to all of this.

P.S. - I know you probably won't do this, but thought I would ask - would you possibly tell us the name of the company that is shafting you so that none of the rest of us get banged in the head by the same company?

Reply by Sylvia_FL on 7/3/08 1:46pm
Msg #254081

Re: You. Absolutely! - I absolutely agree! n/m

Reply by Calnotary on 7/3/08 1:54pm
Msg #254085

Name those thieves! I have zero tolerance for these type

of thieves. You did your job twice. You are to get paid twice, it wasn't your error.

Reply by CaliNotary on 7/3/08 1:57pm
Msg #254087

It goes without saying

That in the future you need to clarify these things before going out again.

But I agree with everyone else. You're owed it, you're probably not gonna get it, don't waste too much time and resources on it.

Reply by HARRY_PA on 7/3/08 2:05pm
Msg #254093

What"s missing is to what lindab agreed prior to the second closing, if anything and what the confirmation stated. Just wondering.

Harry

Reply by lindab on 7/3/08 2:39pm
Msg #254098

Confirmation on both closings has my fee listed. The company is THE CLOSING GROUP OUT OF LOUISVILLE, KY. Blake Duncan is the owner, Trevor, Beth and David are all people that I have contacted by phone and/or by e mail. I have explained over and over why I am due the total fee for both closings and it falls on deaf ears. That is why I contacted the title company as a last resort.

Reply by Tish/CA on 7/3/08 3:32pm
Msg #254102

Re-bill with their confirmation attached. This was a contract that they agreed to. Don't give up. You are owed the full amount.

Reply by Rick_NY on 7/4/08 12:14pm
Msg #254152

Of course, you are due the full dollar amount of what is listed on the confirmation.

Send it to small claims. They will have to hire a lawyer, since they are a business. They won't show up, and you'll get a default judgement. If you ever made copies of their checks pre-deposit, you can then levy the judgement on their bank account.

I imagine you might be able to collect your fees and expenses for the small claims procedure.

Of course, you'll never do biz with them again, but who needs dem bums?

Reply by Negrete on 7/3/08 5:59pm
Msg #254118

YOU NEED TO BE PAID IN FULL FOR 2 TRIPS

No ifs, ands or butts. YOU NEED TO GET PAID FOR BOTH TRIPS.

I would also like to know what the TItle Company said to you when you told them about the SS not paying you in full for the 2nd trip Linda.

And the SS got her name from that other database thats out there also.
(I WON"T MENTION THE NAME HERE, IT WILL UPSET HARRY A BUNCH )

Anthony J Negrete
Negrete's Notary Service Inc.

Reply by CaliNotary on 7/4/08 3:05am
Msg #254135

It's getting old Tony

"(I WON"T MENTION THE NAME HERE, IT WILL UPSET HARRY A BUNCH )"

Between your constant snide remarks about Harry's advertising on the board policies and implementations and your mentioning your company name and your various websites in every post it's getting harder and harder to take you seriously, you come across more and more like a pouty child as time goes on. Give it a rest already.

Reply by Mdene_AZ on 7/3/08 9:14pm
Msg #254123

I guess you will know who to say "NO" to next time they call.

Reply by MW/VA on 7/3/08 9:16pm
Msg #254124

This is ringing some bells. US Closers (in Louisville) was operated by Mike/Trevor. They split some time ago.
The thing is that the account is Heritage Title (in the same building, I understand). Does that ring true for you?
Regardless of who it is, you are owed for two signings. You have your confirmations with full fees listed, which is your contract.
It does have me curious, though.

Reply by MW/VA on 7/3/08 9:29pm
Msg #254126

Yes, check them out in Signing Central.