Posted by Roadie_MD on 2/7/11 9:20pm
Msg #371860

criminal charges on a non-paying company...

As things are a little slow right now, I am trying to come up with some new ideas on getting paid. I know all of the threats we can make as far as reporting them to the state authorities, the BBB, calling the title company, reporting them to the credit bureau, etc., etc. But the fact remains that some of these scumbags are just not going to respond to threats like that because they already have a crappy credit rating, crappy BBB rating, and so on. I am wondering if we can threaten to file criminal charges (there are laws governing real estate transactions, aren't there?). Maybe the thought of getting arrested and going to jail might get the desired result? Any thoughts on this subject would be much appreciated.

Reply by Linda_H/FL on 2/7/11 9:53pm
Msg #371861

Your Attorney General and local State Prosecutor

would probably be the best ones to answer that...I CAN say this is probably one way to ABSOLUTELY guarantee that you never see your money...

MHO

Reply by LKT/CA on 2/7/11 10:05pm
Msg #371862

<<<I am wondering if we can threaten to file criminal charges.....>>>

I believe the "scumbags" committed a civil wrong (private rights and liabilities) - not a criminal wrong (offenses against the authority of the State).

The best defense against "scumbags" is a good offense - meaning just don't take any chances working with them.

Reply by James Dawson on 2/7/11 11:01pm
Msg #371866

Roadie..if you're serious perhaps you should check with the D.A. office and see how busy they are. Here where I live the D.A. is so busy they most likely wouldn't even prosecute an offense committed by a SS.

Reply by Marian_in_CA on 2/8/11 12:40am
Msg #371869

You cannot pursue criminal charges for private debts as a general rule. However, there are some laws that make it illegal not to pay a public official in some states, though I'm not sure which ones... which means you'll be owed for just the notarial acts, if it is against the law in your state.

I highly doubt that you'd find any district attorney willing to pursue charges over it, though.

Your best bet to sue them in small claims court, which is a civil matter.

Reply by Ilene C. Seidel on 2/8/11 4:17am
Msg #371871

Roadie contact the law enforcement department at MIA, Mr. Thompson he has been very helpful, he will send a letter to the title company demanding payment. However if it's a signing company your out of luck. Then I ask you send an email to M's Bienneman at MIA asking that signing companies be licensed in the State of Maryland just as the Title Companies. It's being tossed around at MIA but we need put our two sense in. If you need their email addresses let me know. There was a title company some time ago that tried to stiff a couple of us MIA stepped in, they paid us, then MIA pulled their TPL to do business in Maryland. And of course they were a problem with the borrowers too which was the icing on the cake.

Reply by Stamper_WI on 2/8/11 6:15am
Msg #371879

It's been awhile but jojomn sucessfully did this in MN for theft of services. Perhaps she'll see this and refresh my memory

Reply by CorpJen on 2/8/11 10:00am
Msg #371892

whether they are a title company or signing service, it should be reported to the Department of Insurance in your state and their state. Title companies are governed by Department of State. If these businesses remain active, this type report sometimes initiates a government audit. This is the last thing they want to happen.

Reply by Linda_H/FL on 2/8/11 11:02am
Msg #371897

Just a small hint if you decide to go to the MD Dept of

Insurance - it is their policy that jurisdiction is with the Insurance Department of the State where the *property* is located, not with them.

I had a go-round about a year and a half ago with a SS out of TX who closed their doors the day of my signing - title co. out of MD were the ones who told me the SS closed and claimed they paid the SS - ignored all requests for copy of canceled check so I could pursue the company...

I finally wrote a letter to the MD Insurance Dept with cc to title co.....MD Insurance Dept informed me that they have no jurisdiction over this issue and they referred my letter to the appropriate state's agency for me (think it was NC - it was a split purchase signing) - and NC's dept was great...they did investigate and I did get paid by title ..

Just thought I'd throw that out to you...

Reply by Cheryl Meril on 2/8/11 12:01pm
Msg #371904

You can take them to Small Claims Court and charge them court fees, no criminal charges applicable. It's unethical, but not criminal. They can always make excuses why they're not paying you. They may also be preparing for bankruptcy.

Reply by Mary Ellen Elmore on 2/9/11 12:47am
Msg #371998

Check your state's laws. In TN you can be crimminally prosecuted for "theft of services".

I have seen people on the wrong end of this for not paying utility bills, doctors and dentists so why not notaries?

Reply by Ilona Stines on 2/9/11 4:24pm
Msg #372060

The best way I found to get paid (been notary for 10 yrs.) Call the title co. and tell them you are placing a lien on the property! Check with the jurisdiction you live in for cost. No title company (legitimate one) wants to hear a lien is on the property let alone the homeowner who just refi. You can go after cost as well as amount owed.

Reply by Linda_H/FL on 2/9/11 4:59pm
Msg #372064

Not sure how it is in MI

but that line will get you laughed at here and in many other states ...we don't have lien rights...

I, personally, don't believe in making threats to companies that I can't back up or follow through on (lien on property, collect from borrower, etc etc) - credibility goes right out the window when these empty threats are thrown around.

MHO