Posted by James Dawson on 8/14/09 4:55pm
Msg #300069

signing agency threathening to sue Notary

I would like to know if this has been done to anyone out there.
1. The particulars are...I completed the signing.
2. I refuse to sign the notary liability document provided by the agency for so very obvious reason.
3. When the agency refused to pay me because I wouldn't sign the document, I contacted the title company. Asking who I could contact to resolve the issue.
4. The agency emailed me saying they would sue me because I was harassing their client. I sent one email..go figure.

you can post your reply here or reply privately to [e-mail address]

Reply by Shoshana Roller on 8/14/09 5:04pm
Msg #300070

What was the verbiage of the document you refused to sign? Did it come with the loan docs or separately, like with a contract?

Reply by James Dawson on 8/14/09 5:06pm
Msg #300073

It was separate from the loan docs (email attachment to be faxed back)

Reply by Cari on 8/14/09 5:06pm
Msg #300072

yeah right...it's highly unlikely they'll sue.......

If you did the closing at the agreed upon fee, and they don't pay you what is owed to you, they have breached their contract with you....they have to pay you, bottom line.

I seriously doubt that they will sue you...just a bluff to 'scare' you since you contacted the title company which is what any of us would do to get paid....

Worse case scenario, you use a collection agency to get your money.

Use the orange Search button on this site for help, if you need it.

Reply by Cari on 8/14/09 5:07pm
Msg #300074

wow, I used wayyy to many 'you's' in my last post...

must be a Chicago thang....sorry...

Reply by LKT/CA on 8/14/09 6:33pm
Msg #300089

Were you presented with the liability document at the beginning, which would give you the opportunity to give back the job if you didn't agree with it ? Or did they spring this on you after the fact you completed the loan signing? I'm curious as to what the liability form said as you stated you wouldn't sign it "for SO very obvious reason".

If I were you, I would tell them to go ahead and sue me so I can counter sue for the signing fee, late fees and court costs.

Reply by James Dawson on 8/14/09 6:50pm
Msg #300091

First and foremost, let me say....I was asked by the signing company to do them a "favor", they had difficulty getting a Notary in a certain place at a certain time, and the borrowers would lose their rate. Secondly, the agency knew how I felt as it was discussed previously concerning their policy. Lastly policy item, (1) would you agree to NOT be paid?
The signing closed with no problem, signing agency paid, notary NOT paid.

Reply by Pat/IL on 8/14/09 8:25pm
Msg #300099

Like the others here, I think the key is whether the liability document was presented to you, or known to you, before you accepted the job.

"...as it was discussed previously concerning their policy" is a vague statement. If you knew you would be required to sign their liability document, and you went ahead and completed the signing knowing that you would not sign the document, well, I guess it will all come down to what you and the signing company have in writing.

Reply by LKT/CA on 8/14/09 9:32pm
Msg #300106

<<<First and foremost, let me say....I was asked by the signing company to do them a "favor", they had difficulty getting a Notary in a certain place at a certain time, and the borrowers would lose their rate. Secondly, the agency knew how I felt as it was discussed previously concerning their policy. Lastly policy item, (1) would you agree to NOT be paid?>>>

JMHO, the signing agency is wrong for holding your check hostage. Being that the liability document was an issue, I would have required in the confirmation of this "favor" of a signing it state "notary liability document NOT required as a condition of this signing".

Which SS is this?

Reply by James Dawson on 8/14/09 11:23pm
Msg #300111

you're probably right I would suppose it was because it was the weekend and I honestly thought about the borrower loosing their lock-in rate, silly me. I am still looking for someone that this has happen to. No need to mention them on this forum as I'm not done yet.

Reply by LKT/CA on 8/15/09 11:12am
Msg #300141

<<<I am still looking for someone that this has happen to. No need to mention them on this forum as I'm not done yet.>>>

Until you find someone this has happened to and while you are not "done yet" this SS is treating other Notaries the same as they treated you.

Reply by MikeC/NY on 8/14/09 9:02pm
Msg #300102

My first question would be: did you know about this "liability document" when you accepted the assignment? If not, and since it came as an email attachment separate from the docs (and I am not a lawyer, so take this for what it's worth), I don't believe they can add requirements after the fact. Especially if you got the docs in one email and the "liability document" in another - that's like two separate transactions.... If the lender or TC didn't require that document, it had nothing to do with the assignment you accepted unless you knew about it in advance.

As far as suing you for harassing their client - one email does not equal harassment, unless you were really nasty to their client. From the tone of your posts here I think that's highly unlikely. They're trying to scare you off. Stand your ground - you did the work, you deserve to be paid for it. What reaction, if any, did you get from the TC?

Reply by James Dawson on 8/14/09 11:30pm
Msg #300113

When I asked for a contact person who could help me resolve the issue I was told it would have to be the SS. I don't buy that since they had to negotiate with someone to geT their contract with TC. I need to contact someone who handles "vendor services" or something like that. TC respondent was low-level employer and not someone who could really help.

Reply by Louis/AZ on 8/14/09 9:56pm
Msg #300109

Re: Whad did the document say?

Can you (or anyone else out there who has been asked to sign such a document) give a brief synopsis of what this notary liability document says? I've never had a company ask me to sign something like that.

Reply by MW/VA on 8/15/09 12:31pm
Msg #300149

IMO it's an idle threat & an attempt to get out of paying you. From what you're saying they used the ploy "can't get another notary & rate is going to expire" thing to get you to take the closing in the first place. I think I would have done the same as you & not signed whatever "notary liability" document they wanted. They obviously aren't happy that you called the tc, but that doesn't constitute their brow-beating you. Sounds to me like a company who thinks it has a lot of weight to throw around.
I would continue to pursue payment from them. They have no excuse not to pay for your services.
Of course, there are always two sides to the story. You have a contractual relationship with the ss--you completed the signing & are due to be paid.

Reply by Notarysigner on 8/28/09 2:21pm
Msg #302161

For all, update

CA Gov't Code § 6100.
quote:

Performance of services; officers; notaries public
Officers of the state, or of a county or judicial district, shall not perform any official services
unless upon the payment of the fees prescribed by law for the performance of the services,
except as provided in this chapter.
This section shall not be construed to prohibit any notary public, except a notary public
whose fees are required by law to be remitted to the state or any other public agency, from
performing notarial services without charging a fee.



I contacted the Secretary of State about this...to make a long story
short, YOU HAVE TO BE PAID THE AMOUNT DUE UNLESS YOU ARE WORKING FOR A PUBLIC
AGENCY (Signing the notary Liability list accomplishes just that!) then they can
pay or NOT PAY YOU. I refused to sign it.
Everyone signing these type documents are putting themselves at risk. I will be
filing a compliant with the Secretary of State about this company for sure.