Posted by Yowheelz on 10/14/11 9:55am
Msg #400494

Attorney or signing service, final say

Did a closing last night with a divorced couple but wife is still on deed. Very tense atmosphere. Wife had attorney on phone while she signed and discussed certain docs with him. There were 3 docs that, on his advice, she did not sign. Signing service (not the title co.)is upset that I didn't call them as in their words, "if we had had a chance to talk to her we would have convinced her to sign the documents." I find this arrogant, she was taking her attorney's advice, do you really think she would change her decision based on the word of the signing service.

Reply by Les_CO on 10/14/11 10:22am
Msg #400499

I would have called them. Did your confirmation say to call them if the signatories would not sign? After years in this business I have found that a few SS actually know what they are doing, and what the documents (many from out-of-state) mean. I have also found that few attorneys are as familiar with said docs. And ALL attorneys believe that they can draft a better version (for a price) of the same document, saying the same thing.

Reply by Yowheelz on 10/14/11 10:28am
Msg #400502

in this case it would not have mattered. ex-wife totally trusted the attorney for whom she also works, if I tried to point anything out to her she turned her back and read the doc to him.

Reply by Linda_H/FL on 10/14/11 10:28am
Msg #400501

I would have been on my cell phone to SS/TC advising

them that she is discussing with attorney and he is advising against signing certain things. Possibly may have put SS/TC in touch with attorney.

That's what *I* would have done - when there's an intervening third party tanking the deal, I feel it's best to let the TC/SS handle it directly. Possible the 3 docs are not crucial to the funding of the loan but that's not our call to make - and I'd want my hiring party to know it isn't ME telling her not to sign them.

JMO

Reply by Riley/FL on 10/14/11 11:14am
Msg #400505

That's an easy one, call whoever is paying you to be there.

Reply by Riley/FL on 10/14/11 11:16am
Msg #400506

I should add..

regarding ANY deviations from the norm at the table.

Reply by GOLDGIRL/CA on 10/14/11 11:42am
Msg #400513

Re: I should add..

It's easy to get bogged down in a situation like this, but to put things in perspective: you don't work for her, you don't work for her attorney - you work for, in this case, the SS who absolutely needed to know she was not signing certain docs - for whatever reason. That way, they could alert the TC or the lender or whoever and get the monkey off your back.

Reply by Karla/OR on 10/14/11 11:40am
Msg #400512

Josephine, thanks for posting this . . .

very good to know for future. Thanks for all the helpful responses too - good food for thought.

Reply by Pamela Franckowiak on 10/14/11 12:36pm
Msg #400521

Re: Josephine, thanks for posting this . . .

All good comments - in this unusual financial climate, we are going to see more and more complexities. (divorce; married couple/one on mortgage, one not/ significant others). The agency assigning the closing to us has a right to know of complications and issues, sometimes they can be worked out on the phone, sometimes not, but I think it's our responsibility to give them a chance so they are in the loop and understand the situation. A phone call is better than a non-closed unacceptable document. I actually feel accomplished when I can facilitate the coming together of minds in agreement.

Reply by Frank/NC on 10/14/11 12:45pm
Msg #400527

I think the correct thing to do was to call the SS in that they are the people who hired you and that you report to for this one closing. I think that on the attorney's end, he will probably convince the person that he will draw up another docs that "protects" her at a fee. I think the SS really had the final say not as to whether the wife should sign the docs but in the end, they are the ones who pay your bill. Hope this helps but sometimes it seems that no matter what we do in some situations, it's impossible to be right. I wonder that if the SS had a chance to talk with the wife and she still wouldn't sign, if they would not have blamed that on you anyway.

Reply by ReneeK_MI on 10/17/11 5:57am
Msg #400716

First clue this atty was not well-versed in mtg closings ...

...is the fact that he apparently did not arrange to preview the documents prior to close. In my previous life, I dealt with attys all day long (as lender) and this is the line of demarcation - those that call 'from the table' already missed the boat. Those that call from the table - I go so far as to say even most of those who actually attend a closing - can almost be guaranteed to grand-stand over SOMETHING.

Anyway ...having a lot of experience talking to someone's atty at a closing (as Lender or TC), I can tell you it is relatively EASY to clarify their 'snag- points' to them if you indeed know what your talking about (as the Lender or a title closer), so the assumption that nothing would've changed her atty's and her own decisions isn't well founded (as assumption can usually go ...).

Just to drive home the point - if I had a dime for every atty that called me from the table, because the APR didn't match the Note ....and I kid you not.

While the SS's use of the word "convince" might've been ill-chosen, the projection that they might've been able to iron-out the atty's 'snag-points' is IMO a reasonable projection and not arrogant at all. Bottom line - always call.