Posted by Jason Berger on 11/17/10 12:01pm
Msg #361691

BEWARE OF THIS MAN FROM THIS COMPANY

Dennis McGrath from Ashley Mackenzie.

Seemed like a great guy to work with, he is an SS. Did one closing, that went fine and well, no problem. Did another, there was some PoA Verbiage while both borrowers were present; borrower said he never filed the PoA; I called Dennis, he said go ahead and sign with the PoA verbiage. I did so. As I later found out, that was clearly and apparently incorrect, but I had never dealt with it before and called him to ask and was advised, so I moved on. Did another closing, my printer was giving me problems and printed documents in letter sized on Legal Paper. Completely my fault. Either way, I contacted him last monday morning to let him know of the issue with the letter sized on legal paper, he calls me that afternoon to tell me we have some problems. That night I'm on my way home from another closing, the borrower with the PoA Verbiage issue calls me to see what time I'm coming out; as I was told that there were only certain documents that need correction, I told the borrower I'd call him (The borrower) back (It wasn't in my plans to go out that night, but if I have the docs, I'd go without issue). Call Dennis, no response. Email him Tuesday morning. No response. Friday morning I get an email stating we need to have an uncomfortable conversation about my work product (I understand the Foley closing with the printing problem, but the other mistake with the verbiage was more on him as he advised me). Told me to expect a call that day. No call. I called him at 12:30 that day. No response. No response Monday, Tuesday, today I called title. Upon calling them, it turns out that apparently a lot of other untrue information had been made up about me, that I dismissed borrowers concerns (I come from a strong customer service background, it would NEVER happen) that I told them I couldn't help them with this or that, etc. I enlighten title that I didn't do any of that, explained to them the story, whether or not they believe me is different. Apparently he is Title's favorite closer, so I was at a severe disadvantage in trying to explain what the truth of the story is.

At the end of the day, he seemed like a great guy to work with, but his behavior has been quite a bit less than professional. One mistake was entirely mine, one was a partial fault, sort of kind of-more him than me as he advised and I did. I have a nasty feeling I'm going to get stiffed on three closings, if I don't, I'd be surprised. I just wanted those of you who are still in Notary Purgatory (Working intermittently for TCs while mostly SSs call you) that this may happen. Best of luck all.

Reply by Jason Berger on 11/17/10 12:12pm
Msg #361695

Sorry, the other part of the lack of professionalism I forgot to explain was that in the email he sent me friday he said he purposely avoided responding to "calm down and gain clarity".

Reply by Ilene C. Seidel on 11/17/10 12:50pm
Msg #361703

Jason I can certainly understand your frustration and concern about getting paid. May I ask why you called him for direction on the poa verbage instead of the title company? Their number would have been on the HUD.

Reply by Jason Berger on 11/17/10 12:56pm
Msg #361705

You certainly may, Ilene. Because he is the one who hired me, but beyond that, I honestly just didn't think to do so. I thought that calling him was the correct way to handle it. This is why I say this is like 80% his fault...I should have thought of that; I've never had that issue and I've learned my lesson.

Reply by Linda_H/FL on 11/17/10 1:11pm
Msg #361708

If you're hired by a SS, then any questions should

go directly through them unless otherwise instructed. You were right on that score, Jason. Most SS's will frown on us dealing with "their" client (the TC)...

Then there are the others...I had a signing last week the SS told me "once you get the confirmation, all the title company info will be there - deal with them directly with any questions and to check on docs"... okey dokey.

I'm questioning the borrower saying "I haven't filed the POA yet" - what did he mean by that - usually in the case of a loan signing the original POA is already in the hands of the title company, is approved in advance by the title company, and is recorded just prior to the deed/security instrument.

Reply by Jason Berger on 11/17/10 2:08pm
Msg #361716

Re: If you're hired by a SS, then any questions should

Hey Linda...borrower told me that he began to get the necessities together to get the PoA for the wife, but once he found out it had to be notarized and such, he said he stopped...which means, if I understand correctly, that technically, there was no PoA, regardless of the verbiage. Not sure I get it either, but yea.

Reply by Linda_H/FL on 11/17/10 2:41pm
Msg #361725

Re: If you're hired by a SS, then any questions should

"once he found out it had to be notarized and such, he said he stopped...which means, if I understand correctly, that technically, there was no PoA,"

wow...

Reply by Jason Berger on 11/17/10 3:10pm
Msg #361735

Re: If you're hired by a SS, then any questions should

Linda...I'm confused...what's the wow for?

Reply by Linda_H/FL on 11/17/10 3:59pm
Msg #361742

Re: If you're hired by a SS, then any questions should

Wow - that you were sent out with docs with PoA wording where none exists;

Wow - that title didn't know this as (a) they usually approve the PoA's in advance and (b) sometimes you have to pick up the original at the table - and no one knew that

Wow - that the LO tells you go ahead with the PoA signing anyway - did the borrower not tell him he never had one signed?

Just...wow...

Reply by Ilene C. Seidel on 11/17/10 2:40pm
Msg #361723

So sorry Jason

Reply by Patsy Cabiness on 11/18/10 11:31pm
Msg #361918

So often my instructions are to call the SS not the TC on a closing. I would have thought this was obvious.

Reply by Mary Ellen Elmore on 11/21/10 9:31pm
Msg #362311

Most SS confirmations say to call them first if a problem arises and NOT the Title company.

Reply by jba/fl on 11/17/10 1:09pm
Msg #361707

Notary Purgatory - apt description! Love it! n/m

Reply by Jason Berger on 11/17/10 2:08pm
Msg #361717

Re: Notary Purgatory - apt description! Love it!

lol I'm a screenwriter, or so I hope to be, so thinking of things like that is part of THAT job. Glad you like it lol

Reply by MW/VA on 11/17/10 4:48pm
Msg #361747

This sounds like some shared responsibility on this one.

First, I wouldn't have gone to a signing that the lender hadn't approved a POA. FYI a POA signing can only be done with prior lender approval. It almost sounds like they were trying to pull a fast one--maybe a divorce or separation & trying to sign without the wife. I wouldn't have touched it with a ten foot pole--too much potential for fraud going on.
With the regards to the docs being printed wrong, IMO that is entirely on you. Being able to print docs correctly is a huge issue in this business. Even so, I know there are plenty of notaries out there shrinking docs to letter size, using inkjet printers, etc. That hurts all of us.
I hope you chalk this up to experience, Jason, & move on. While I hear you were trying to work with this ss, it sounds like a co. that it would be better not to work with in the first place.
Alway remember, they can ask you to do something illegal, but the illegal act will be yours & you'll take the heat. IME when a signing becomes really troublesome, it's because there's something wrong with it in the first place.

Reply by Jason Berger on 11/18/10 12:07pm
Msg #361807

Re: This sounds like some shared responsibility on this one.

I completely agree that the misprint was completely on me; it NEVER happened before and won't again, I was having MASSIVE technology issues these past two weeks...computer died, cell phone died, 3 printers died, so it the fact that I was able to print at all shocked me; unfortunately, I didn't know it until I got to the signing table. I sent an email to the SS as soon as I got home, got no response. SS called me later to discuss other issue, completely missed that one. I am fairly new to this business, and have limited experience with PoA signings. I did one where the PoA was with the company, so I never got to see it, and it went fine, I did another where I took a picture of it and send it with the closing, and that went fine, and there was this disaster. I hear a lot of different things about PoA signings, but Title saw the docs prior to me, so they knew what it was, or so we'd like to think. FYI, this WHOLE disaster started because the borrower claimed that the HUD, because it said something about being a draft, was not final, and thus couldn't be used...then all the other stuff came out. I have several notary friends who have been doing this far longer than I have, and I've conferred with them, and none of them have seen anything like the stuff I've been dealing with the past few weeks. Maybe they were trying to pull a fast one with the PoA, but I have no idea and wouldn't know as I have very limited experience. But I'll tell you, this is the FIRST time in my 190+ signings that I've ever had a problem. before this, there might have been one mistake that I made. So granted, I have limited experience, but I'd been doing great until this...and you're right, this does seem like a company that would be better not to work with. Thanks

Reply by Marcos Edghill on 1/14/11 6:47pm
Msg #368717

I did two signings for this character Dennis McGrath one on Nov. 4, 2010 the other on Nov. 8, 2010. The first was a Loan Modification so it was less expensive, the second was a refinance. The second was with a TC I have worked with extensively.

He agreed to pay me 30 days from the date of services rendered. Guess what...I have yet to be paid as of yet.

I emailed him 3 times and finally received a response on January 4, 2011, stating he had been sick with the flu and that he would get my check in the mail within the next couple of days and stated he didn't want to lose me as a valuable resource.

Well I started emailing and calling him this week (1/10 - 1/14) and called him today only to get cursed at, and hung up on. I was tempted to go directly to his office and speak with him face to face, but my fiancée convinced me to keep a cool head and let him send the check.

I called him back and he continually cursed and stated that I should act like a human being. He further asked if I was a business man, and that all businesses do not record financial transactions at the end of the year to make their books look better.

I stated he had a legal contract with me the stated 30 days from the date of services rendered and that he also stated in an email that he would pay me in 2 days from Jan. 4, 2011.

He responded that as he recalls it was a gentlemen's agreement and that he had no contract. I informed him that the emails served as a legally binding commitment and that I would take him to small claims court.

His response then was that I was not doing anything but pissing him off. I stated that I've been pissed since January 6th.

I stated that he should put it FedEx next day and get me my money immediately. He vehemently refused to pay for that service. He stated that I would just have to wait. Then stated that he can't pay me until the title company pays him. I informed him that is not my problem. As a business man that sounds like a cash flow problem which YOU are responsible for.

He stated he would put it in the mail today before mail pick up at 4:00pm ET.

We will see if it reaches me by Tuesday. If not...I plan on visiting his office which is only 15 miles from my home.

I would strongly recommend any notaries who hear from this thief refrain from taking any work. You likely will NOT be paid.