Posted by JanetK_CA on 8/14/09 4:15am
Msg #299939

Here's another one for you... Shorted $20

I did a signing in early July for a new-to-me company that was rated very highly here. They had ignored the time difference, calling at oh-dark-thirty for a same-day appointment (waking me from a sound sleep after a very late night) but I managed to ask the usual questions. I was told that if it was a no-sign or rescind, they pay a $50 travel fee. They included wording in the confirmation that said they "will pay a fee up to $50 for travel fees for any loans that are not funded". OK, I read raves about them in signing central, they had agreed to my fee, and it wasn't that far away, so I decided to take a chance.

At the appointment, I go through the key documents and quickly find out that there is an impound set up which the borrower adamantly does not want. She refuses to sign, even after a long discussion with her LO (who she wasn't able to reach right away). The LO eventually says they will have to do a redraw, so I pack up and leave after setting up a tentative time to get back together later, if we have docs. (I think she was getting ready to leave town.) A few hours later, I get a call saying that they have revised the affected pages and they are sending me replacements to swap out with what I have (about a dozen pages).

I go back out that evening and get the rest of the package signed - except for one problem. I then discover that the first page of a four-page doc that needs to be notarized is missing. When I scrolled through while printing, it looked like a continuation of the page before (which didn't have a signature page), but at the table it was apparent to me that page one was missing. (I didn't miss printing it, it just wasn't in the PDF I received.) The name of the doc was printed in tiny letters at the bottom, as were the page numbers, which I couldn't read when I scrolled through. This was not a common document that I would have immediately recognized.

CA law states that we "must not" notarize a document that we know to be incomplete. We tried, but weren't able to get in touch with anyone at that hour who was able to email us the missing page. The borrower agreed to sign the last page as is, but there was no way I could notarize it that way. (It was an Affidavit.)

The next morning (early again - but not quite as bad) I get a call from the EO again. She said she was emailing the missing page and wanted me to just print it out, add it to the package I had and go ahead and complete the notary certificate. (After all, I did see the borrower sign it, right?!) I told her I couldn't do that, because the borrower had never seen that page, I hadn't administered an oath (for a doc with the first page missing??) or entered it into my journal. (She was not happy.) I agreed to go back out to complete the notarization for $35 (vs. the $50 trip fee) in the interest of good will for a potential new customer.

So I was able to send back a completed package on schedule. On my invoice, I charged $50 for the first trip, the agreed upon fee for a completed signing for the second trip, and the discounted $35 for the third trip. Got payment from them today with a copy of my invoice with a line through my total and a written note saying "not agreed". The check was $20 short!

I'm not the one who messed up the impound or missed a page when scanning (and I should add that when I went back to check the package, I had a hard time finding it again, so it wasn't at all obvious). And I spent a lot of extra time helping them get this fixed (silly me...) In fact, this was another case of a disgruntled borrower who was ready to cancel the whole deal at several points, so I probably saved them all a customer.

I'm hoping to be able to have a little chat with this company on Friday, but I'd be interested to hear your opinions...

Reply by Lee/AR on 8/14/09 7:08am
Msg #299945

Agree w/you, Janet.

They agreed to pay you to fix their mistakes. They shorted you. Add this interesting tidbit to Signing Central, OK?

Reply by jba/fl on 8/14/09 7:16am
Msg #299946

Re: Agree w/you, Janet.

Send another bill, and calculate the interest on the entire amount, not just the unpaid portion, just like CC's do. How petty and unfair - you don't want to name? That info would really impact how far I would want to go with that company.

Reply by 101livescan on 8/14/09 8:39am
Msg #299955

Re: Agree w/you, Janet.

I agree and they should be reported to the BBB. They are governed by the Department of Corporations also. For twenty lousey bucks, they act so stupid. Could cost them more in the end, reputation and a ding on their ratings.

Reply by CH2inCA on 8/14/09 10:06am
Msg #299972

Well that's just stepping over dollar bills to pick up pennies.

What I mean is, YOU did so much to make this deal happen! It could've easily gone down the tubes!

sheesish.

Reply by Cari on 8/14/09 10:29am
Msg #299983

".... I get a call from the EO again..."

I would've have the EO confirm, in an email, the new third trip fee....that way its in writing! I can't express enough how important it is to get fees confirmed in emails...(just in case there's future litigation) And I think that because the third trip fee wasn't in writing, and the fact that they were probably scoulded by the lender & embarrassed for THEIR mistakes, that they somehow needed retribution and took it out on you, unfortunately. (isn't that just childish if true!)

I think you did an excellent job as described above and they should pay you what is owed.! Or you can always add the extra $20 bucks to the next signing you do with them.

Reply by Stoli on 8/14/09 11:24am
Msg #300005

Please post the company name for all of us.... Shorted $20 n/m

Reply by JanetK_CA on 8/14/09 2:01pm
Msg #300039

To be fair, I think the mistakes were on the part of the lender (at least the first one) unless they were the ones who scanned the docs. They were trying to keep THEIR client... Doesn't excuse that behavior, though. Also, your point about getting it all in writing is well taken , Cari, although I can't imagine considering litigation for this amount. Not worth the time and stress to me, even for small claims. Now if it was for a full signing... hmmm.

BTW, just had my first conversation with them and I'm glad to report that the person I spoke with is no longer there!! (Did I mention that she was rude and abrasive from the start?) It's being looked into and I'll be getting a call back. So I probably won't be posting the co name... We shall see!