Posted by pat/WA on 10/1/09 5:21pm
Msg #305862

Borrowers signature

We are working with a new signing agency. They have included a form for the borrower to sign that states that he or she confirms that the notary has double checked all signatures and notarized the correct documents. They are satisfied with my work and understand that even if they cancel they still owe the notary for their services.
I have never seen a document like this and I am very uncomfortable with it. In addition to this the borrower did not hire me nor is he liable for payment for my services.

Reply by Sylvia_FL on 10/1/09 6:01pm
Msg #305865

I have seen a document for the borrowers to sign saying they are responsible for the notary payment if the loan does not go through for any reason (was usually in a Notary Direct package). I always showed it to the borrower, and most times they did not sign it.

I wouldn't sign it if I were the borrower, but I always left it up to them.

The only documents the borrowers should be signing are the ones provided by the lender or title company. As far as I am concerned a signing agency has no right adding forms to the package.

Reply by Brasring_Ca on 10/1/09 6:05pm
Msg #305866

I have seen them many times and many signing services have forms similar because if the borrowers use the right to cancel someone still owes for our service and this way they can try to go after the borrowers if title/escrow will not pay anything due to cancellation. If they do not wish to sign it...... I would put a sticky note on it and say that when I turn it back in. Have never had a problem with someone not signing though.

Reply by pat/WA on 10/1/09 6:44pm
Msg #305869

I think this signing service is very unprofessional and I don't plan to present it to the borrower. The notary fee is just the cost of doing business.

Reply by MW/VA on 10/1/09 6:47pm
Msg #305870

I don't know what they're thinking. We're hired as "witness" closers, as we witness the signing of the docs. The borrowers don't serve as "witnesses" to our work. How absurd!!!!

Reply by JulieD/KS on 10/1/09 7:35pm
Msg #305872

I've had that form show up in docs, also, and was told NOT to return it with the docs; to return it only to the SS. I told the SS that I would NOT have the borrower sign it, that I would NOT even present such a form. I told the SS that they were hiring me, they were going to be the ones paying me, not the borrower. Obviously, they didn't hire me, which was fine by me.

Reply by Lee/AR on 10/2/09 6:45am
Msg #305901

Some HECMs used to contain a form from TC with similar wording (except for the B QCing your work--which is just ridiculous) and it's simply illegal. You are absolutely correct in your last sentence. It's simply a weasel form that SS can use to 'try' to not pay you for work done.

Reply by ReneeK_MI on 10/2/09 8:58am
Msg #305911

no DOUBT they don't want form put in pkg!

I have to wonder what the T/C or (forbid!) the lender would say about it - and how it might fly in the face of the TILA, no doubt conflict with the various state's contract laws and after that, we could venture down collection laws?