Posted by Ndwa on 3/28/08 8:15pm
Msg #241227

Which side should I be on

Lender call to inform that title received docs with couple of them (funding docs) ripped in half and taped. From the original (unsigned) package, those 2 documents are 10 pages apart. Can't get a hold of the notary all day, now my head hurts. BTW, I've worked with this SA before.

Reply by jba/fl on 3/28/08 8:22pm
Msg #241228

You know you have to hear both sides before you can choose sides...

Can't imagine someone not trading the docs out though from bo pkg...it will be funny to you later, sorry for the headache you have now. Hope you have a rainless, sunny week-end!

Reply by sue_pa on 3/28/08 8:23pm
Msg #241229

how about the truth

When you reach your vendor find out their side. Everyone who has been in this business any length of time knows that on occasion lenders and title companies 'stretch the truth' so I would not automatically assume they're not at fault. "Someone" will fess up to the taping - if not, then you're in a tough position because you will NEVER know who is telling the truth.

if no one fesses up, you'll apologize profusely to the lender/title company without admitting 'guilt', you'll offer to have the docs resigned at no charge to them. You'll pay the notary for the first trip and also a second trip to get them resigned. That's what being in the middle should entail if you don't get 'the truth'.

Reply by Becca_FL on 3/28/08 8:45pm
Msg #241230

Hey Batman,

Don't forget to consider the carrier. Get both sides of the story and be sure to ask what the condition of the package was when title received it and when the lender received it. Get tracking numbers and look for clues in the tracking of both packages. Were there any holds? I've had a certain carrier deliver a package to me that had come open during shipping and they just shoved everything they could back in the package, in no particular order, ripped pages and all and said it was not their fault, but the shippers for not securing their package.

Just another angle to consider.

Reply by LisaWI on 3/28/08 9:04pm
Msg #241232

Yes, agree with Becca, I have seen some packages come to me pretty beat up. Ive also seen them try to mend packages. So it isnt beyond the carrier.

Reply by CopperheadVA on 3/30/08 2:41pm
Msg #241421

This is why I began using packing tape on the top of the UPS envelopes. Those things are just so flimsy, they arrive completely torn up at the top of the envelope, even if just traveling within the same state. They start to tear at the perforation when you first seal the docs in the envelope! I'm sure they are harder for the TC to open but I just don't feel comfortable sending docs without taping the top securely (UPS envelopes only - FedEx are much sturdier).

Reply by Lee/AR on 3/28/08 9:32pm
Msg #241235

You only get 2 chances to get it right...

What if the B totally messed up the first time & the 2nd page got torn (like, say, pulling it out of a rubber-banded package)? (Which is why I hate rubber-bands & don't use 'em, but some do.) Messed up one? Or torn & taped correct one? Hmmmmm....
We've all had B's who either can't follow directions, are very distracted by family, friends or critters or just want to do it their way...and if you haven't--you've not been in this business very long.

Reply by NCNotary on 3/28/08 9:36pm
Msg #241236

Another scenario. Did these docs need to be faxed back? Very occasionally my auto feed will hiccup and catch and roll the paper into a little ball. Pulling it out sometimes will tear the paper. Did anyone check with the notary as to why they were torn?

Reply by JK/TX on 3/28/08 10:19pm
Msg #241241

All above are feasible by any party involved. When all is said and done, Sue/pa, 2nd para will be your grace. IMO

I would hope that if my contracted Notary sent the pkg back as such (assuming that is where the problem lies), they would alert me and in the interim correct the problem and get clean copies back to title before funding. (?)

Reply by Les_CO on 3/29/08 10:59am
Msg #241273

I would think that Title 'handles' the docs more than the notary. If my printer jammed and tore the docs when printing, I'd just print off more. If the borrowers dog ate the docs (or something similar), I'd just replace them with the borrowers copy. If the (original) docs were torn or damaged when Title was scanning them in, they would be pretty hard to replace? So maybe????
PS: Andy you need to update your profile.

Reply by OR on 3/29/08 12:42pm
Msg #241285

I wouldn't be on any ones side untill I talked to the Notary. I think that there will be a point where you will know who did what it is a gut feeling but you will know. But I would offer to get it fixed even if it was on my nickle.

Reply by Ndwa on 3/29/08 2:38pm
Msg #241301

My priority is to always get the problem fix before anything else. My disappointment in this case is that the notary never returned my calls/messages since yesterday morning. Now I have more to deal with comes Monday b/c the lender wanted the borrowers to resign TIL without dating it, but they refused to sign without date. This was done last night and one of the borrower leave town early this morning. I made the decision to let them sign & dated for the original signing date.

What would be your opinion as far as paying this notary? If this loan funded, I will still pay her fee less what I have to pay the 2nd notary.

Reply by ananotary on 3/29/08 2:55pm
Msg #241302

I would agree with you deducting the fee from the

original notary to pay the second notary only if you do not hear back from the notary at all. Perhaps she/ he is out of town, family emergency, who knows?? When I used to have NEXTEL there were times I didn't recieve my voice mails for days. That was so annoying!!

Reply by Les_CO on 3/29/08 3:38pm
Msg #241309

I definitely wouldn’t pay the “first” notary until she contacts you. Maybe she got hit by a logging truck, and you will break even on this one? {Sorry, I mean no one ill will, but I just couldn’t help !!}

And for my money it was Title. I know there are some stupid notaries out there, but if I accidentally tore, or somehow (spilled coffee) disfigured some docs, I’d get in my car and hot foot it back to the borrowers and get them to resign the damaged docs, and tell no one.

Reply by OR on 3/29/08 4:09pm
Msg #241319

If I got his by a truck my Husband or Daughter or My "Grandson Sam" would answer my phone and return all my calls.

Have you Email her too?

I think it is ok to tell her that she need to contact you with in the 72hrs RTC or you will not be able to request extra money for the Extra Notary if this was not her falt. You will have no choice but to deduct The 2nd Notaries wages and your work to hire another notary (what you feel is fair) from her fee on this signing.

Reply by Lee/AR on 3/29/08 3:42pm
Msg #241311

ND... I do understand your pain, but...

This has never before happened in 14 years, but this morning with a trailing QC Deed, my fax neatly fan-folded & then tore the first page! Fortunately, it's only printed, so I could just print another one. Point being--stuff happens over which we have no control. She did the job, did what she could to fix a problem (the tape). And, for whatever this is worth, when I was selling R.E. and the Deed came thru with a spelling error in a name, when I'd call the attorney--any attorney, they'd say "Well, you've got a bottle of white-out. Fix it!" And it always recorded. I'm sure she didn't do this on purpose--who would? Then she dropped the docs.
We are at the mercy of nutty machines... faxes that eat paper, a cell phone that's out of range and we all (supposedly) have lives--with all the daily planned & unplanned things that happen. Sometimes you just have to take the hit. Notaries do that often as you've undoubtedly read over & over on this forum.

Reply by Lee/AR on 3/29/08 4:02pm
Msg #241318

It's your call, but sue_pa has it 'rightest'. n/m