Posted by Ali/IL on 9/8/08 10:18am
Msg #263506

What do you think

I did a signing the spouse was not on legal docs. I called title and they told me to add her name. I did.

A couple of days later they called me to go back and have them sign all new docs because lender made mistake on the interest rate. Again the docs came with no signature for spouse.At this time I didn't add her name.

I got another call to go back and get her name on the legals. That same day. I called the borrowers and they didn't know someone was coming back. Plus, the wife was working till after eleven. I told them I would call title and find out if I could meet with them the following day. I called title and asked if I could meet with them following day. I was told to just have them contact their lender on Monday morning.

Well, it is now Monday morning and I got an email from title asking if I got docs signed. I told him about the instructions that I got on Friday to tell them to call lender on Monday.

Of course I worried all weekend about this. And, it angers me that noone contacts them and that they expect me to be making calls to the borrower. These people work two different shifts.

Am I wrong to feel that they are to contact the borrowers and just call me with a set time and day? Right now I don't know what date to put on rtc. Since funding was originally for tomorrow.

Reply by lindetteh_PA on 9/8/08 10:44am
Msg #263508

Seems to me you made the error by not adding the wife to the second set of documents. You obviously new that needed to be done so why didn't you? I think it is your responsibility to get in touch with the borrowers and fix your mistake. Also I think it is good customer service that the borrowers not receive multiple calls reguarding the same issue since you would have to call and confirm anyway

Reply by Calnotary on 9/8/08 11:04am
Msg #263509

They also "knew" that the wife need to be added. I think you can not add names to loan docs without instruction and in this case they should have corrected the second time or give AGAIN instructions to correct the docs by adding the wife to the legals. I think adding names to docs without written instruction is UPL.

Reply by LynnNC on 9/8/08 11:10am
Msg #263511

If I "know" that the non-borrowing spouse needs to sign the documents, but, her name is not typed on them for signature, I would call the TC to verify that she should do so, and have them send me a confirming email. To conduct a closing without the necessary signatures is pointless. I think it is up to the NSA to know what documents a NB spouse needs to sign, and obtain the necessary approval to do so. To handle the closing without bothering to make a phone call to the TC is unprofessional.

Reply by Trish/CA on 9/8/08 11:49am
Msg #263516

I agree with Calnotary. I would NEVER add names to loan documents with written instructions to do so. I always go out of my way to provide great customer service, but relying on verbal instructions would be irresponsible and she would be setting herself up for charges of UPL.

Reply by MW/VA on 9/8/08 11:26am
Msg #263514

I think you made decisions that weren't yours to make. If the 2nd set of docs came through without the spouses name again, why didn't you call the tc? This job requires a lot of flexibility. We are loan signing agents. I don't expect the tc to make all the adjustments in time/schedules at this end. It sounds like you might have needed to meet with them separately, and then contact the tc about an additional fee. Communication is #1 in this business, and I'm not counting the # of calls I make to the tc or the borrower. To me it is about providing great customer service, whatever that takes. To be successful, I wouldn't spend too much time thinking about what is/is not my job. It sounds like there will be delays in funding, and that isn't necessarily your fault. Contact the tc to find out what need to be done to finish the job.

Reply by Linda_H/FL on 9/8/08 12:01pm
Msg #263518

I guess I'm a bit confused as to why you called title the first time but didn't bother the second time....if you were right the first time, shouldn't you have called with the second set to confirm the wife was to be added? Get it in writing "yes, add her" or "no, lender doesn't want her on the docs"...

In addition, this statement "Right now I don't know what date to put on rtc. Since funding was originally for tomorrow" - it's irrelevant now - TC is probably looking at a redraw/resign AND a non-fund on this loan - at the least the spousal docs are going to need to be signed, the rescission period will begin anew, and all the numbers will be off because of the delay in funding....

"it angers me that noone contacts them and that they expect me to be making calls to the borrower. These people work two different shifts. Am I wrong to feel that they are to contact the borrowers and just call me with a set time and day?" YES...you're wrong - that's your job to coordinate the two signers and, if necessary, request an additional fee to treat it as a split.

I wouldn't look to get any further business on this particular loan (and possibly from this company), and you'll probably only be paid for the first signing, too. Even though the second signing was due to lender error, it was done incorrectly as you didn't bother to follow through with the addition of the spouse. As a result of this conduct, funding is delayed and has probably cost the borrowers additional funds in payoff, interest, etc. JMHO

Reply by CaliNotary on 9/8/08 12:49pm
Msg #263546

"Right now I don't know what date to put on rtc"

You don't backdate a RTC. You use the date the form is signed and give em 3 days from there.