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I DIDN'T GET PAID - WHAT CAN I DO??
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I DIDN'T GET PAID - WHAT CAN I DO??
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Posted by Christine Nixon on 6/11/11 8:53am
Msg #385900

I DIDN'T GET PAID - WHAT CAN I DO??

I completed a closing for Nationwide Closing Connection out of Rhodes Michigan 3 months ago, and still haven't been paid. I heard from them this week and they said "SORRY" we have suspended business and will pay you when we can! Has anyone else had this happen? What is our recourse? I am curious if I can put a lien on the homeowner or is my only recourse with title company?

Reply by Linda_H/FL on 6/11/11 9:07am
Msg #385904

You can turn to the title company and try to get

paid by them but you absolutely cannot contact the homeowner...they're paid your fee via the HUD..

Reply by A S Johnson on 6/11/11 9:08am
Msg #385905

>can put a lien on the homeowner or is my only recourse with title company?<
Can take it you are new and did not do you did not study this business.
No! you can NOT put a lien on the home, the home owner has paid for you service in the fees charged.
Your recourse is with who hired you.
If you know the title/escrow co who hired the ss, you could contact them and see if they will help you.
The same as above if you know the lender.
You could try the Attorney Generals office in your state, the state the signing service is in, the state the title/escrow is in and the state the lender is in.
Please understand rhe BBB does not collect bad debts and are basicly useless as a tit on a boer hog.
By the way what was your fee for this?
And as a last resort, you could take this to smal claims court but your cost will be more than what your fee was. If you get a judgement you will need to find some way to collectg it.

Reply by Linda_H/FL on 6/11/11 9:10am
Msg #385906

I would also suggest in your future work

that you check the companies out first - this company is a 2-star rated company with payment issues going back to 2009...

You can't change the spots on a leopard. And this is going to happen again if you're not careful who you work for.

MHO


Reply by Linda_H/FL on 6/11/11 9:17am
Msg #385908

Info on company...


Searched for: NATIONWIDE CLOSING CONNECTION LLC

ID Num: E06605


Name:NATIONWIDE CLOSING CONNECTION LLC

Type: Domestic Limited Liability Company
Resident Agent: SANDRA L BELANGER

Registered Office Address: 7203 N BAY MID LINE RD RHODES MI 48652
Mailing/Office Address:

Formation/Qualification Date:5-7-2008

Jurisdiction of Origin:MICHIGAN

Managed by: Members

Status: ACTIVE Date: Present



Reply by 101livescan on 6/11/11 9:33am
Msg #385911

CHALK IT UP TO EXPERIENCE

Experience is what you get when you don't get paid. As a new person to this business, use caution as you proceed through the signing jungle. Especially today, we're experiencing the worst economic times of our lives. Many of these companies will bite the dust. Don't let them take advantage of your lack of knowledge about their business practices as they squeeze everyone they can before bolting the door and disconnecting the phone. We all get taken advantage of sooner or later. Hopefully the fee wasn't too much, just be careful. All the best in collecting. HOUND EM!

Reply by DD/OR on 6/11/11 11:22am
Msg #385922

I have never been stiffed, although almost. In my opinion, I would complain to everyone involved, INCLUDING the borrower. (Once a borrower paid me rather than me taking him to Small Claims Court). Make complaints to the various state departments and make copies of those complaints to show the judge in court. Then go to Small Claims Court. If you can't afford the court fee, you can ask the clerk for a 'Fee Waiver' when you file. The judge will determine if you're eligible, most low income people are. Name everyone involved, INCLLUDING the borrower. Yes, you can put a lein on the borrowers house if you win in Small Claims Court. You file your case in the county you live in, If the company is in another state, you will probably win by default because they won't travel that far just to go to court. It isn't hard to collect either. I used to be a Paralegal and a Judgment Collector so I know. I still do some Paralegal work. I wish you good luck.

To: some other people on this board who disagree with me, don't flame me because I know who you are. You are bad title companys and bad signing services. So save your breath.



Reply by Les_CO on 6/11/11 12:12pm
Msg #385929

DD

DD I don’t know you and I have no comment except giving people poor advice does little good for you or for them. And as an aside it just makes you look ignorant. The borrower unless they did not close or rescinded ALWAYS paid the fees to 'someone' (closing costs) and can prove it. You can't lein the borrowers house unless you get a judgement against THEM. I agree about Small Claims Court, I disagree about the venue, or the expense or ease of collecting on an out of state Judgment. Many of these people are 'judgment proof' (have no assets) and the cost and time spent trying to collect will far outweigh the amount owed. What winning such a case would be worth in psychic dollars I can't say? JMO

Reply by Linda_H/FL on 6/11/11 12:20pm
Msg #385931

Re: DD

"The borrower unless they did not close or rescinded ALWAYS paid the fees to 'someone' (closing costs) and can prove it."

And if they DID rescind - per the NORTC - they are to have all sums paid refunded to them - IOW they are to be zero out of pocket (except for the appraisal fee, for which they get the appraisal as their property)

Telling someone to contact and/or sue the borrowers is, IMO, just bad advice...


Reply by Bob_Chicago on 6/11/11 12:24pm
Msg #385932

Agree , Les. Futher evidence that free legal advice

(especially from a non-attorney) is worth exactly what you pay for it.
Further, contacting, or worse yet, suing the borrower, is a great way to get a NSA right to
the top of a "Do not use this notary under any circumstances" list.

Reply by Notarysigner on 6/11/11 2:50pm
Msg #385943

Christine..use THAT experience as in investment of

what NOT to do in the future. All the people above are giving you FREE SOUND advice except one, I'm sure you can figure that out. Yes I have been stiffed as most of us have and we are still at it. Smarter, wiser and cautious. Set up a business plan that will make you feel comfortable about accepting assignments and stick to it. Call it your I WILL NEVER AGAIN GET STIFFED PLAN. IMO

Reply by Sylvia_FL on 6/11/11 1:09pm
Msg #385938

"To: some other people on this board who disagree with me, don't flame me because I know who you are. You are bad title companys and bad signing services. So save your breath."

Well, I am neither a bad title company or a bad signing service.
A signing agent has no contract with the borrower (unless the borrower contracted with them directly)
In Small Claims court you would have to show proof of a contract between you and the borrower which you don't have. Your contract is with the signing service or the title company that hired you.

The borrower you threatened with small claims court paid you, but had you gone to court you would have lost. If I was the borrower I would be taking you to court for extortion.

But I hope you feel satisfied knowing you cheated a borrower out of the money he/she paid you.

Reply by Frank/NC on 6/11/11 3:33pm
Msg #385947

Totally agree with Sylvia. Unfortunately, the Notary who didn't get paid is another example of total Notary as well as business inexperience. I probably will get hammered by the do gooders on this forum but never the less, we are inundated with inexperienced people who think they know more than the years of experience of others here. They get into this business in what I refer to as "Ready, Fire, Aim". and then post here how bad those companies are and ask for help. All we hear lately here is, "Help me get into this business", 'How do I get customers"?, "Refer me to clients" and on and on. If they all did some research they would come to the conclusion that they would be better off becoming a Walmart Greeter. But, then again, they would find a forum where they would ask what to say when a customer comes in.

Reply by Linda_H/FL on 6/11/11 3:52pm
Msg #385950

Love it Frank!! "Ready, Fire, Aim". ...:) n/m

Reply by HisHughness on 6/11/11 2:12pm
Msg #385940

***are bad title companys and bad signing services.***

I am not a bad title company.

I am not a bad signing service.

I am a badass lawyer, or at least I was one before I retired.

I would tell you that you are full of hot air, signifying nothing, except that I would be giving hot air a bad name. Anyone who read your post would be wise to ignore it.

And I apologize for the hot air comment. Sometimes, a line is just so good I can't bring myself to pass it up.

Reply by jba/fl on 6/11/11 2:22pm
Msg #385941

No, Hugh - on her first post here she was full of hot air too - and has remained thusly. She has always been 'bluster and wind'. If you are so inclined (I know I'm not) you could search her name and find I am not wasting lines or good comments when I agree with you on this matter.




Reply by Susan Fischer on 6/12/11 8:29pm
Msg #386028

Totally disagree with DD. Christine, please listen to the

other folks who have so eloquently debunked this "advice," and trust the old pros here, especially the actual lawyers and successful business owners.

Best of luck to you, Christine.

Reply by Les_CO on 6/11/11 11:44am
Msg #385924

1/ Be aware. Know that there are MANY predatory ‘companies’ out there that plan NOT to pay you the notary. They have no intention of paying you and never did.
2/ Understand in this business that YOU are extending credit to strangers. Some of whom if you met you wouldn’t let in your house (let alone lend them money) and also understand you are doing this without recourse (in most cases)
3/ There are some that are inexperienced, undercapitalized, and think that they can start a SS and make big bucks. So they try it, get ‘in the hole’ in an amazingly (to them) short time, and slowly extend their payment time, pray a lot, hope for the best, pay some notaries (in State) and not others, and eventually fail and close.
THE FIRST RULE…If you would not loan the person that calls you for an assignment the amount of that assignment…DO NOT TAKE IT!!!
JMO


Reply by Linda_H/FL on 6/11/11 12:29pm
Msg #385934

Colorado Small Claims information..

http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=9

As to where to sue:

"(a) Where Brought, Generally. All actions in the small claims court shall be brought in the county in which at the time of filing of the claim any of the defendants resides, or is regularly employed, or has an office for the transaction of business, or is a student at an institution of higher education. In an action to enforce restrictive covenants or arising from a security deposit dispute, the action may be brought in the county in which the subject real property is located."

If you google "Colorado Small Claims" there are a couple other links with info on how to proceed. The site posted above has several links and also includes the forms required.

Good Luck.

Reply by LKT/CA on 6/11/11 2:58pm
Msg #385946

I would not try to collect from the borrower, but for the sake of discussion - if I loan you money and you give the money to your Uncle Mortimer to hand to me and he keeps it, I go after YOU for the money. YOU benefitted from the money. YOU still owe me and Uncle Mortimer is YOUR problem, not mine. Ultimately, getting the money into my hands is your respponsibility....if your agent (Uncle Mortimer) flakes out - it's ultimately on YOU. Therefore, when the borrower pays for services it is the borrower's responsibilty to ensure that those funds end up in the correct hands. It usually works out that the borrowers fees DO end up in the right hands. But just because the borrower paid the fees, doesn't mean he's not a vital player in where those fees ultimately end up. Yes, I know Hughness is an attorney.

Again, I would not try to collect from the borrower - just presenting this as another side to the discussion.

Reply by HisHughness on 6/11/11 6:24pm
Msg #385962

***just presenting this as another side to the discussion.***

Well...okay, if by "another side" you mean a wrong side to the correct side.

The signing agent has privity of contract with her hiring party, likely either the title company or a signing service. The borrower has privity of contract with the lender, and, through the lender, to its agent, the title company. The signing agent and the borrower have no privity of contract, and thus the signing agent has no responsibility she can impose on the borrower.

Reply by LKT/CA on 6/11/11 11:50pm
Msg #385977

<<<Well...okay, if by "another side" you mean a wrong side to the correct side.>>>

I asked an attorney I network with (many moons ago) and he said that while it would be difficult to collect from the borrower since the borrower was charged the notary fees - the borrower would be the absolute last one to hold accountable in the equation - but YES, the borrower DOES have a responsibility to those who provided services to him/her in which he/she benefited. Whether or not those acting on behalf of the borrower misappropriated the funds (failed to pay subcontractors), the borrower IS responsible <ultimately>.




Reply by Linda_H/FL on 6/11/11 6:33pm
Msg #385963

" if I loan you money and you give the money to your Uncle Mortimer to hand to me and he keeps it, I go after YOU for the money. YOU benefitted from the money. YOU still owe me and Uncle Mortimer is YOUR problem, not mine"

The YOU in this scenario is the title company or SS - THEY owe the notary the money - the borrower has given THEM the money to pay the NOTARY - so the borrower is OUT...

JM no-so-HO

Reply by LKT/CA on 6/11/11 11:57pm
Msg #385978

<<<The YOU in this scenario is the title company or SS - THEY owe the notary the money - the borrower has given THEM the money to pay the NOTARY - so the borrower is OUT...>>>

The YOU in this scenario is the owner of the money - i.e. the homeowner....not the one who FORWARDED the money, i.e. the TC. TC just forwards the money to the subcontractor. TC operates on behalf of the borrower. Borrower is legally not out.

Reply by LKT/CA on 6/12/11 7:39am
Msg #385981

Nevermind....

I admit I'm confused......though I'm the one that confused me.

Reply by NJDiva on 6/13/11 9:06am
Msg #386038

Nevermind....hmmmmm, REALLY?? lol

We're always the last to know...lol

Reply by HrdwrkrVA on 6/13/11 11:36am
Msg #386048

CROOKSCROOKSCROOKS!! They KNEW they weren't going to pay

you when you took the assignment!!! I have been chasing Susan lee for 18 months! She FINALLY answered her phone 2 1/2 - 3 mths ago (accidently, I'm sure) & was practically in tears, saying she was soooo depressed & she would try to pay in 30 days. That was 1 1/2 - 2 mths ago. Now she's back to not answering her phones!! THIS IS A BONAFIDE CROOK - STAY AWAY & report her to title!

Reply by HrdwrkrVA on 6/13/11 12:06pm
Msg #386051

Actually, I'm on the MI state att genl's homepage. They

have an on-line complaint form & I'm filing today. This is mtge fraud plain & simple. This crook needs to go to jail! This is a pattern if ever I've seen one! 'Nuff said!

Reply by HrdwrkrVA on 6/13/11 1:18pm
Msg #386063

See my earlier post: File a complaint w/ MI State Atty Genl

They have an online complaint form.


 
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