Posted by SGPDX on 10/18/09 3:27am
Msg #307738

dilemma.....

So I did a loan closing about 3 months ago and the printer settings were off so a few documents came out wrong without me knowing it. SS contacted me, and I said I would without a doubt go back and finish the job and get to the airport drop for Fedex so that they'd have the docs next day. I say I'm very sorry about the error, they say no problem just make sure docs get out for tomorrow. After two months, SS is saying loan hasn't closed yet and they don't have payment. Two months? Loan hasn't closed? I call title to see if there's anything I can do to help because I know the paperwork was an issue, they say no, just wait and it will close. So I'm getting coffee, see the borrower and ask him what was wrong with his loan. Nothing, he says. I'm about to make my second payment on it. Hmmmm. I call SS and they say that title may not be willing to pay because of the errors, but they lied about the loan not closing to blow me off. But never did they say they wouldn't pay me, and as far as I'm concerned, if they lie to me that the loan hasn't closed to brush me off, I'm going after payment even if I made errors. The point is, the loan closed and I fixed the errors and they never said that I would not be paid. Seems totally unprofessional to lie. Any ideas on how to approach this one? Thanks in advance to anyone with any ideas.

Reply by CopperheadVA on 10/18/09 6:14am
Msg #307739

What happened with the printing?

The only time I ever got anything rejected due to printing was a DOT that my county said didn't have enough of a margin at the top. I checked the file that was sent to me, and the way it was scanned, the typing on the DOT was run practically right up to the top of the page, so I printed how it was sent to me. The company didn't ask me to go back out for free - they offered to pay and I accepted.

Your situation sounds fishy to me - if you can check at the county recorder's office then I bet you will find the DOT/Mortgage was recorded. Sounds like the loan has funded if the B is making payments!

Reply by Gary Boehm on 10/18/09 7:50am
Msg #307749

dilemma.....

I agree with Copperhead with this added: If you haven't already I suggest that you do not tell the SS or Title Company that you "ran into" the borrower. That might appear that you contacted the borrower directly which would look unprofessional on your part. But do get a copy of the recorded Mortgage/DOT with your stamp on it and Deed (if there was one) and FAX and/or email to the SS and TC. Since you fixed the problem and the loan funded and THEY got paid you should expect to be paid.

However it occurs to me that they might have hired another Notary to go out and do the whole thing over again and paid them - which is why that are not paying you. But the borrower would have said something about that? You'll find out when you see the Mortgage/DOT!

Reply by Marian_in_CA on 10/18/09 11:55am
Msg #307752

Did the deed record?

The first thing I'd do is head over the the County Clerk's office and find out if the deed was recorded. That should be enough to tell you if the loan closed or not. The deed should have your seal on it.

Reply by MW/VA on 10/18/09 1:30pm
Msg #307756

"So I did a loan closing about 3 months ago and the printer settings were off so a few documents came out wrong without my knowing it". I'm not getting this one. Don't you check your docs? Didn't you realize there was a problem at the signing table? How did you manage to send them off, knowing there was a problem in the first place?
Maybe the loan closed but is about to be sold. When they checked the file they may have realized there was a problem. Granted, I can't see why it's come up after several months. I also can't understand how you allowed it to happen in the first place.

Reply by JanetK_CA on 10/18/09 5:19pm
Msg #307769

Sounds to me like this person learned that lesson and went back on his/her own dime to make it right. If there's a recorded deed that has his/her signature and stamp on it, the hiring company should pay up, imo. If they choose not to hire him/her again, that's their choice, but if the work was corrected, docs were completed properly and the transaction was funded on time, I don't think there's any excuse to just ignore payment. If there was additional, expense, a deduction might be in order. But I think at least a courtesy of an honest answer is called for. The fact that they outright lied about the loan having closed makes me wonder what else they're hiding...

Reply by enotary/va on 10/18/09 7:06pm
Msg #307775

This person learned a lesson that docs can be messed up.
I've picked up docs from a local title co. only to find them messed up.
Looks like they would check their docs before they send them out the door.
imho. I don't think there's any excuse to not pay this notary. I also in the past have wondered why the docs didn't get checked. but now I understand. I'm not perfect.

Reply by MW/VA on 10/18/09 7:20pm
Msg #307776

I agree. Whatever the issues were, if they were corrected, there is no excuse for non-payment.
If they were going to deduct anything at all they need to have said that at the time, not months later.