Posted by PA_NOTARY on 8/16/09 7:53am
Msg #300211

keeping a subject on the top

Ok, I am looking for some advise. I see a few threads down about Fidelity. I was called yesterday by AMR to do a loan modification.... I accept. I have done them before. She said this would be only 30 pages, never mentioning to pick up checks. I get to the assignment and the man has Lukemia and she is a severe diabetic on a pump in a very poor town. These people were very nice with limited income.
Anyway, I pull out docs and see that there is no mortgage or anything like I have seen before because it was actually the application. I am feeling suspicious but I see Fidelity National on three check they give me.
Believing that this was probably a title company I accept check and help fill in the application.
NOw I feel very bad about this reading the prior threads. I still have the paperwork and checks here at the house and put a phone call into AMR.
To sum this up, these people reduced their mortgage by 5 years and $28 a month.
Any suggestions here on what to do?? I really feel bad about this....

Reply by Sylvia_FL on 8/16/09 8:15am
Msg #300212

All subjects can't be kept on top. Best thing to do is to link your post to the company in Signing Central, then when someone checks the company they can read all the forum messages regarding the company.

Reply by Linda_H/FL on 8/16/09 8:26am
Msg #300215

"I pull out docs and see that there is no mortgage or anything like I have seen before because it was actually the application"

What? No info on your confirmation to tip you off? Nothing said in the original phone call? Didn't you see it when you printed the docs? Did you not notice it was an application and not an actual modification?

Honestly, sounds to me like you're stuck...you have the homeowners' signed "application" and their money - all given to you voluntarily ....not sure what right you have to do anything with it other than what you're told to do - send it in to the company.

Crap like this is why I won't even do the applications ... but again, like someone else posted, we're not their babysitters and not the mortgage police...the borrowers need to have some accountability here.

JMHO

Reply by mwm143 on 8/16/09 12:35pm
Msg #300221

Perhaps you should have the customers sign something acknowledging you are not an employee of this company and return all the paperwork to borrowers and have them mail it to the company. There is a thread here somewhere discussing a notary being sued for being a party in one of these transactions.

As for the giving and acceptance of post dated checks (by Fidelity, aka 21st Century) I know in NC it is not legal to write and accept post dated checks if you know the funds are not present in the account at the time they are written. And there is no obligation for the bank or the receipient not to process the check prior to the date written.

Reply by MW/VA on 8/16/09 1:28pm
Msg #300228

"To sum this up, these people reduced their mortgage by 5 years and $28 a month."
Was this the actual modification or was it what the loan mod application was promising?
--big difference. Apparently you feel you were tricked into doing this. Regardless, it is completed & a done deal.
BTW, are there any laws in PA about these types of transactions, requiring the large upfront fees?
As of July 1 we now have a law in VA specifically making it illegal. Illegal doesn't mean they won't continue to operate, but now they are doing so illegally.

Reply by LKT/CA on 8/16/09 3:41pm
Msg #300238

I am not an attorney, just giving my viewpoints. Was this an edoc job? Do you "print and go" without reviewing paperwork before leaving for appts? What did the confirmation reveal?

<<<I am feeling suspicious but I see Fidelity National on three check they give me.....Believing that this was probably a title company I accept check and help fill in the application.>>>

Why would a TITLE COMPANY want three post dated checks from anyone with an application to fill out?

Even if the paperwork was O/N to borrowers and as soon as you saw that it was a loan mod application and the borrowers handed you checks, you should have said, "I'm sorry, there has been a mixup with AMR and I have the wrong paperwork for the assignment I was called to do. This assignment is different from my agreement with AMR. I MUST LEAVE and give AMR a call to clear this mixup."

You contracted to do a loan mod, NOT a loan mod application and you state that the scheduler said loan mod and didn't use the word "application" and didn't mention collecting checks....so you were deceived and were given this job under false pretenses. You should have gathered your things and left.

When the hairs on the back of your neck stand up, you are suspicious, feel bad, or nauseous, queasy and uneasy......those are all signs that something is not right. We have consciences for a reason.

Reply by Susan Fischer on 8/17/09 1:36am
Msg #300292

Bam. (sound of hitting nail on head) Hairs on the

back of your neck stand up...exactly.

Reply by MW/VA on 8/16/09 6:18pm
Msg #300264

Sent you a P/M.

Reply by Margaret Paddock on 8/17/09 12:59pm
Msg #300358

Re: Questioning Documents

This is a perfect example and reason for us to always at least browse through the documents to see that everything is there.
If you are not sure call your contact first even if it means you will be a little late for the appt. If you call and they realize the docs are wrong you will have saved a lot of time, money, etc.
I did have that happen before and they had to send corrected docs and had me throw some out!

When I see that there is cash due from borrower, but no instructions about getting a check I call to make sure this is correct. More than once the docs had to be corrected.

Ask first or cry later. It's not worth the frustration.