Posted by Isabel Stevens on 11/22/10 5:10pm
Msg #362432

Cancelling a signing after review of docs? PLEASE HELP

I received a call from a closing service I have never done business with and do not have any type of agreement with. They met my fee and payment terms so I accepted the closing and had her email me the order. After hanging up, I tried to look them up (like I always do with new businesses) and couldn't find them ANYWHERE. They are virtually non-existent.

Upon scanning through the docs, I noticed they were VERY unusual. Looks like some sort of company who offers "options" to people in foreclosure. The docs make me highly uncomfortable especially since they are so unusual.

I emailed the girl back telling her to please find another notary. What are your thoughts???

Reply by Doris_CO on 11/22/10 5:13pm
Msg #362433

Are the documents for a loan or are they an application for some sort of modification or debt restructure?

Reply by Isabel Stevens on 11/22/10 5:16pm
Msg #362434

It appears to be some sort of situation where the homeowner Quitclaims their property to this company and then they rent it from them.

Docs are a mess. The whole thing makes me highly uncomfortable. I just emailed them again and asked them to find someone else to handle this.

Reply by MichiganAl on 11/22/10 8:23pm
Msg #362476

Run Bambi, run!!! n/m

Reply by Doris_CO on 11/22/10 9:49pm
Msg #362491

I would call them instead of e-mailing. This has "scam" written all over it and you should let the hiring party know you don't appreciate being put on the spot with this type of assignment.

Reply by Mary Ellen Elmore on 11/22/10 11:49pm
Msg #362510

Guy got sent to prison in TN a couple years back for doing that.

Seems the homeowners did not realize they were giving the house over and then renting it. They were being told verbally that they would get help "staying" in their home.

Reply by Ernest__CT on 11/22/10 6:30pm
Msg #362445

RUN! Hand it back! n/m

Reply by Susan Fischer on 11/22/10 6:50pm
Msg #362452

Here comes that bad dog again - WARNING- DO NOT PET. n/m

Reply by LKT/CA on 11/22/10 7:54pm
Msg #362467

<<<I received a call from a closing service I have never done business with and do not have any type of agreement with. They met my fee and payment terms so I accepted the closing and had her email me the order.>>>

During the initial call, did you ask what "type" of assignment it would be and exactly what the duties are? Ask lots of questions upfront so you can filter out the shams jobs. You don't want to fill your calender only to learn later that the assignments you accepted (without asking lots of questions first) are all a "no-go".

Here are some sample questions to ask:

Is this a loan signing? Refinance with edocs? Reverse mortgage?

Am I notarizing signatures?

Am I collecting post dated checks?

Is the client filling out paperwork to have their checking acct, savings acct or credit card debited?

Is the client filling out other paperwork and providing copies of paystubs, mortgage coupons, etc.

Reply by SReis on 11/22/10 10:17pm
Msg #362495

This is a reverse mortgage scam & illegal in most state.

I would take it one step further & contact your Atty General!!!!

Reply by SReis on 11/22/10 10:17pm
Msg #362497

Ooops I meant a Foreclosure rescue scheme.. still illegal!!! n/m

Reply by Moneyman/TX on 11/22/10 11:39pm
Msg #362508

With the information provided, I say good call. n/m

Reply by jackie/PA on 11/23/10 1:43pm
Msg #362557

Re: With the information provided, I say good call.

you did the right thing for sure....could you let us all know who this company was so we all have a heads up!

Reply by Isabel Stevens on 11/23/10 3:44pm
Msg #362571

Re: With the information provided, I say good call.

Yes, as a notary I understand that it is not my business to decide what is "right" for the borrower, but I cannot in good conscience present these docs to anyone.

As I said, I emailed them back telling them that I am not willing to notarize this for them. The girl called me today to ask if I could do it next week.

I'm not gonna call her out and say that I think her business is a scam, because I can't be SURE of that. I'm no attorney and cannot say what they are doing is illegal. But what I CAN say, is that I want NO part of it.

Would you guys go so far as to tell them you thought they were shady??

Reply by Linda_H/FL on 11/23/10 4:24pm
Msg #362574

I just tell them I don't get involved in those types of

assignments. Since notarizations are usually not required (which as a public official you're supposed to be available to accommodate them), it's a business decision and you have every right to refuse to do it.

Reply by Isabel Stevens on 11/23/10 4:30pm
Msg #362575

Re: I just tell them I don't get involved in those types of

Thanks. That was my thought.

I know as a notary, the law requires that I be available to "reasonable" requests for notarizations. But I also know that I have the right to refuse "unreasonable" requests, and in my mind this was one of those.

THANKS SO much for all of your input. I greatly appreciated hearing other notaries' opinions on this.