Posted by garland/CA on 10/14/10 1:08pm
Msg #356765

being asked to "cooperate"

and send in an acknowledgment for a DOT that should have recorded last Feb, but they lost the notary acknowledgment (mine) and so it never recorded. I was sent a copy of my original acknowledgment (the lost one) as proof.

I already know, it's not legal to send in another one to replace the original, which I told them. Received another phone call asking why I am not willing to be cooperative "just this one time".
and this is a good signing company.

Reply by JulieD/KS on 10/14/10 1:12pm
Msg #356766

Don't you love condescending comments like that? It reminds me of a cheapo signing service that called me recently and when I wouldn't drop my fee to their absurd level, she said that they would find a more 'flexible' notary.

Flexible....hmmm.....I guess I should find a more flexible signing service that will pay a fair fee! How come we never hear about finding more flexible appraisers?

Reply by janCA on 10/14/10 1:22pm
Msg #356767

Tell them you'll relay that message to the Attorney General and the CA SOS and if they say it's okay, then, no problem.

Reply by garland/CA on 10/14/10 1:23pm
Msg #356768

so frustrating because I am the one being asked to compromise myself as a notary to "help them out" because they are in a "tough spot" now. I asked why it wasn't taken care of almost a year ago when it didn't record. They don't know. But now because of someone's error, and not wanting to involve the borrower again (and have to pay someone), they want me to do this rather than have a new DOT signed and recorded. I understand their position, but do they understand mine?

Section 8225: "Any person who solicits, coerces, or in any manner influences a notary public to perform an improper notarial act knowing that act to be an improper notarial act, ....shall be guilty of a misdemeanor"

Probably go on their black list now.

Reply by janCA on 10/14/10 1:26pm
Msg #356770

And if you do go on a "black" list, you need to out this SS as they are asking you to do something illegal. Don't feel guilty for doing the right thing. And do you really want to work for that type of SS anyway???

Reply by HisHughness on 10/14/10 2:00pm
Msg #356775

My response to such request is always...

..."Hey, glad to help out a good customer. Here's the number to the Secretary of State's office. Get in touch with them, and when they okay it, get back to me with their written response, then we're in business. And thanks for asking."

Reply by Les_CO on 10/14/10 2:28pm
Msg #356779

Re: My response to such request is always...

Be careful! If it’s the SOS in Ohio, she may just do it.

Reply by C. Rivera Chicago Notary Services on 10/14/10 3:24pm
Msg #356792

I'd send them that statute in an email... n/m

Reply by MikeC/NY on 10/14/10 4:18pm
Msg #356806

"they want me to do this rather than have a new DOT signed and recorded. "

Why do they need a new DOT? Does CA require that the document be signed in front of the notary when it's just an acknowledgment? I think in most states it's sufficient for the notary to just ID them, show them the original signed document, and ask something like "Is this your signature on this document?" That should be simple enough...

It's easy for them to ask you to cooperate when it's not their butt on the line. IMO, with all the bad press about mortgages and notaries these days, the LAST thing you want to do is "cooperate". Is it worth risking your commission (and potential legal problems) for the sake of keeping a client happy? You're the only one who can answer that question for you...

Reply by garland/CA on 10/14/10 6:03pm
Msg #356833

they don't need to re-sign

but the acknowledgment would have to be dated the date they appear before the notary to say it is their signature.

the SS doesn't want to "involve them". the borrowers surely do not know their DOT never recorded.
And there would be a fee for the notary to meet with them again, which they may be trying to avoid also.

Reply by MikeC/NY on 10/14/10 8:03pm
Msg #356844

Re: they don't need to re-sign

"the SS doesn't want to "involve them". the borrowers surely do not know their DOT never recorded.
And there would be a fee for the notary to meet with them again, which they may be trying to avoid also."

Whatever happened to the concept of accountability: saying "Oops, we screwed up", and doing what was legally necessary to fix it? It's stuff like this that has created the mess the mortgage industry is in today - rather than own up to their mistakes, companies like this try flying under the radar in the hope that no one will see that they dropped the ball...

CA law is on your side - if I were in your position, I would refuse to even discuss what they were asking you to do. Cooperation has nothing to do with it - it's illegal, end of story. They need a new ack; that means involving the BOs and an additional notary fee. There are no other options.

Reply by Bob_Chicago on 10/14/10 1:26pm
Msg #356769

we never hear about finding more flexible appraisers?

We used to . They valued a lot of the properties where the owners
are now "upsidedown"

Reply by John/CT on 10/14/10 2:11pm
Msg #356776

And "underwater"! n/m

Reply by Glenn Strickler on 10/14/10 3:18pm
Msg #356786

Hang on, n/m

Reply by Glenn Strickler on 10/14/10 3:23pm
Msg #356791

Re: Hang on,

I have received more than one phone call asking for this type of "cooperation" on loans as old as 4 years. I have a feeling that it's a result of the various state investigations into the foreclosure mess. Going to be a wild ride .... I had one today:

"If you don't fix this, then you will never work for us again!!!!!"

"Well, I'll let the SOS know that you said that, as well as the attorney general!"

CLICK

Reply by rengel/CA on 10/14/10 3:26pm
Msg #356793

So "cooperate" = Break the law? n/m

Reply by Ronnie_WA on 10/14/10 3:45pm
Msg #356798

Sure, go ahead and break the law. You know that really good signing company will be there to defend you in court when a subsequent foreclosure is overturned, don't you?

Reply by Ronnie_WA on 10/14/10 4:13pm
Msg #356801

I should clarify my post as it occurs to me it may have sounded like I was deriding the signing agent. I wasn't - it was aimed at the agency request. SOS employees and escrow assistants, as a rule, don't have any legal education whereas many of us do. We understand the ramifications of their requests, while they don't. They don't understand they're asking you to put your entire livelihood and assets on the line for their "cooperation" request.

Reply by Marian_in_CA on 10/14/10 4:14pm
Msg #356802

I have the perfect answer for this...

I tell them that I want the request in writing first.

If I do get the request in writing, I respond by telling them that what they're asking me to do is illegal, and I will not risk fines, the loss of my commission or jail time. I also tell them that per CA Government Code 8225, now that they know what they are asking me to do is illegal, if they continue to ask me or somehow threaten me into doing something illegal, they are also committing a crime and I will report them to the Secretary of State.

I'm telling you... it shuts them up every time. If I lose work because of it -- fine. I'm don't bend the rules and I will not risk fines or prison to cover up somebody else's screw-up.

Reply by JanetK_CA on 10/14/10 5:38pm
Msg #356829

Re: I have the perfect answer for this... Love it!!

That approach is not only NOT being part of the problem, it's being part of the solution - at least in a small way. If it's just ignorance, then you've made a big difference. If not, I'd bet that someone who has the chutzpah to ask that of a notary in the first place will not hesitate to ask it of someone else, too, even though they now know it's illegal. Their concern is to just get the problem fixed as easily and cheaply as possible. They probably figure that the notary is a dime a dozen and don't really care about us putting our livelihood at risk. (And we're just a faceless voice over the phone, after all...)

At least it's probably a safe bet that they won't bug YOU if the situation ever arises again with one of your notarizations - that's if they ever call you again. That's the kind of client, however, that we all would probably be better off without.

All we can do is keep trying.

Reply by garland/CA on 10/14/10 6:05pm
Msg #356834

Re: I have the perfect answer for this...

she admitted knowing it was illegal, but was hoping I could help her out this "one time".

Reply by Marian_in_CA on 10/14/10 6:27pm
Msg #356836

That's even worse....

She admitted knowing it was illegal but was asking a state official to commit a crime? has she not been paying attention to the news lately?

Oh, wow.... how I would have wanted that request in writing.

Reply by Linda Snell on 10/14/10 4:31pm
Msg #356810

will they agree in writing to "cooperate" in paying legal

expenses related to my "cooperation"? I've found that always ends the discussion because they know it is illegal.

Reply by MW/VA on 10/14/10 8:03pm
Msg #356843

I get calls from time to time to have a DOT re-signed

because it never recorded. That's the only way to handle it, of course. They need to
get it re-signed by the borrowers & notarized with the current date. Especially in light of the current issues with notaries who did things like that for the banks in the foreclosure process.
IMO we need to be extra careful about not "cooperating" with illegal requests.