Posted by firegirl on 7/18/09 11:18am
Msg #296371

Modification -- need advice

I did a 24 pg. mod today which required about 10 signatures, no notarizations and I had to pick up a check from the borrower. They did not even ask for a copy of the ID (although I did see them). In the package were instructions asking for pay stubs, bank statements, etc. although I was not told to collect anything. Also there were several blanks forms for info like employment and income. I was not told to collect anything but the check and I was not told to have them fill anything out, but I wonder if I should have. I did attempt to call but they are in CA and the signing was first thing in the a.m. so I wasn't able to reach anyone.

Anyway, my question is this--should I ask if I should have gotten these other things, or just leave well enough alone? Obviously I don't want to make a second trip.

Reply by notaryinmo on 7/18/09 11:22am
Msg #296372

I would have followed written instructions, especially if you weren't able to contact your hiring entity.

Reply by Jim/AL on 7/18/09 11:28am
Msg #296373

If it is like the other companies doing these they just want the check (their main concern) and signatures, then they fill in the blanks over the phone or by other means. If you followed the written instructions then you should be covered. Hope it was not for 21st Century and hope that whomever the client was that it does not come back to bite you! You will find allot of bad press about these loan negotiation/modification companies in here if you use the orange search button. If it was 21st Century, just search them...you will gat a flood of info.

I hope it all works out for you.

Reply by Lee/AR on 7/18/09 11:32am
Msg #296375

Sounds less like a loan Mod and more like the infamous 21st Century (or similar co.) Loan Mod. APPLICATION. 21st is in CA, don't want anything but signatures & one or more checks.
That being said--and to answer your question--if instructions said not to have forms filled out, then DON'T! (Which is why I think it's an application.) You can't go wrong following the instructions they provide. Don't overthink. Follow directions.

Reply by firegirl on 7/18/09 11:35am
Msg #296376

This is not 21st century, but a co. called National Home Assistance. The only instructions from the company that hired me were to collect the post dated check and to 'follow the instructions included in the documents'.

Reply by Les_CO on 7/18/09 11:44am
Msg #296377

My advise would have been "Don't do this!" I hope you don't end up in court. Good luck!

Reply by firegirl on 7/18/09 11:47am
Msg #296378

maybe I should have known since it was more that 10 pages. My name is on absolutely nothing on those documents, so how could it come back to me?

Reply by PAW on 7/18/09 11:54am
Msg #296382

I'm sure your name and contact information is one the order. It may not be on the documents YOU have, but you can bet your information is with the company that hired you. So if they get summoned, dollars to donuts, you'd be called too.

Reply by firegirl on 7/18/09 11:57am
Msg #296384

Weird. The confirmation

has another notary's name on it. Happens to be a guy I know and friend of mine. I called them early on it and asked for a corrected confirmation and haven't gotten it. If I didn't know the other notary personally I am starting to think I should just drop the papers (or not) and walk away....

Reply by Les_CO on 7/18/09 11:58am
Msg #296385

When the borrower realizes how they just got cheated, and lied to, they may complain to someone, and I'd bet that YOU are the only person they ever met face to face, in the entire process. Did you tell them that you ‘represent’ the company offering this service? Did you give them a business card? They may not remember the name of the phone solicitor, but they may remember you. In many States what you just did, is illegal, unless you are licensed. Are you a licensed loan broker? I’d check with my attorney if I was in your position. Good luck!

Reply by firegirl on 7/18/09 12:03pm
Msg #296390

I am really stressed over this now. I had no idea.

I could very easily trash everything and go on with my life.

Reply by Jim/AL on 7/18/09 12:14pm
Msg #296397

Re: I am really stressed over this now. I had no idea.

If you do that it could really get you in trouble. You accepted the assignment, performed the duties requested and now would consider throwing away what a customer has signed....not an attorney and am not giving legal advice, but IMO you are playing with fire if you destroy "trash" someones contract you may get burned.

Reply by Les_CO on 7/18/09 12:18pm
Msg #296400

Re: I am really stressed over this now. I had no idea.

I don’t know what to tell you? I don’t think I’d take the documents and the check and ‘trash’ them. Maybe return the whole thing to the borrower, and tell them to send it to the company if they wish. That they had mistakenly sent a notary, when one wasn’t required? With all the different law enforcement people, the FBI, and others investigating all these companies, I stay as far removed from them as possible.

Reply by kathy/ca on 7/18/09 12:23pm
Msg #296403

Just another reason why this board is so valuable to us!

Read it daily if you can, so much great information!

Reply by Liz/OR on 7/18/09 12:38pm
Msg #296412

Re: I am really stressed over this now. I had no idea.

I think returning everything to the "borrowers" is the best idea, you can wipe your hands clean of it. Good thinking Les.

Reply by Shoshana Roller on 7/18/09 2:10pm
Msg #296434

FWIW: I think this is being blown all out of proportion. You did the job. send the docs and whatever else to wherever it's supposed to go. It's not worth getting yourself sick over. Just follow your written instructions and be done with it.

Reply by notaryinmo on 7/18/09 10:02pm
Msg #296459

If I'm not mistaken, part of the problem may be that written instructions were not followed, the verbal instructions to pick up a check for $xxxx were. So it may not be "blown out of proportion". If I were the person who picked up a check according to verbal instructions and didn't follow written instructions, I would contact the borrower and see if he/she could provide whatever information is requested in the written instructions. Since UPS and FedEx aren't open on Sundays, there should be plenty of time to still follow the instructions and still meet the deadline pickup of the shipping company. As far as trashing the documents, they aren't yours to trash.