Posted by notary services Claude Trenholm on 9/30/11 5:51pm
Msg #399332

citi fianancial loan mods

has anyone had the problem of a loan mod done by CITI and found that the loan mod went through but you keep getting called to go out and do the paper work not once but twice after the fact? the lady did sign the second time and questioned why that was neccessary, then when I called her again this time she got very upset . signing company doesn"t know why and refered me to CITI and they would not discuss it. I feel it is putting me in a bad situation.

Reply by Riley/FL on 9/30/11 5:58pm
Msg #399333

I'm afraid you are putting yourself in a bad situation. If you feel uncomfortable going out for a 3rd time, then turn it down.

It is not our place to inquire about the borrower's loans. As a matter of fact, it can get you into trouble. Let the borrower call CITI and check on it.

Me, I'd keep going as long as they're paying me.

Reply by rolomia on 9/30/11 6:45pm
Msg #399337

Riley is right. I would inform the borrower that you don't work for CITI. In fact, you're only an independent contractor of the signing service (SS) that did hire you. We are supposed to be impartial. If you insert yourself into the client's business, you expose yourself to unnecessary liability, however unintentional.

If her loan mod goes bad, she could later claim that it was your interference that caused it. Then, the court she sues you in may award her damages at your expense, even if you weren't liable. Like you, I, too, want to help people. It is in our human nature to do so. But, we must resist the urge to do so, where our notary commission limits us. Otherwise, it could come back to bite us in the backside. At most, I would show her where CITI's customer service telephone number (hopefully toll-free) appears on her copy of the paperwork. You did leave her a copy, didn't you?

Remember what the Holy Bible says: "Be careful not to throw your pearls before swine, lest they turn and rend you." Unfortunately, I have much personal experience with this. In my 47 years upon this earth, I can maybe count a handful of instances when my lifelong generosity DIDN'T come back to bite me, in the end. People are just that way. Again, human nature. Thus, it is just best to avoid doing anything that can even remotely get you into trouble. Just saying...IMHO

Reply by Notarysigner on 9/30/11 7:08pm
Msg #399339

could you give/cite an example of your second paragraph actually happening? You state it as if it is a fact although you do say "she could later claim.......". Thanks in advance.

Reply by Riley/FL on 9/30/11 7:20pm
Msg #399341

Really, James??

The OP was citing the worst case scenario. Could it happen? Yes. Has it happened? Who knows, probably attempted if not successful.

It's amazing what people will do. I think it's good advice, Rolomia, and thanks for elaborating.

No need to pick apart the post, IMO.

Reply by Notarysigner on 9/30/11 7:22pm
Msg #399342

Re: Really, James??

My focus is on fact not fiction....I'm interested in that. And yes....Really!

Reply by Cody on 9/30/11 9:01pm
Msg #399345

Re: Really, James??

why are you surprised by this kind of post around here....

Reply by rolomia on 9/30/11 10:10pm
Msg #399357

Re: Really, James??

That's okay. I don't mind backing up my post with real-world examples. I operate a business preparing legal documents. When I first got started in this business at age 18, I used to sit in on court cases in California, Tennessee and Arkansas. My intent was to learn how the process worked so that I could make certain that my preparation of said docs could never be called into question. The rest of my spare time was spent reading various law journals in the law libraries at local universities and government centers. In most cases that I reviewed or read about, the offended party was suing the defendant for perceived damages caused by some criminal or fraudulent act. But, when they were suing for damages caused by a criminal act, the case was seldom successful if the defendant hadn't already been prosecuted by the state for said crimes. Remember that O.J. Simpson was successfully sued for damages, even though he was never charged criminally. The same with Michael Jackson. Those are high profile cases that most people know about. But, the cases I reviewed never made the newspapers. The funny papers, maybe. It's hard to believe that some people believe that they will get away with egregious fraud. They must have checked their brains at the door, beforehand.

Here's where it gets interesting: if the defendant's attorney had no defense for his client, he or she would usually grasp at straws by calling the documents into question. And, in a few cases, it worked. But, most times, it did not. If it had, I would have reconsidered my choice of profession. The same careful consideration needs to be given to our notarial behavior. Cross your i's, dot your t's and never engage in the forbidden practice of UPL nor any action that could even be perceived as some manner of UPL. Of course, my suggestion wasn't meant to step on any other notary's knowledge. That is why I said JMHO. But, I do have some experience in this regard. You can take it or leave it. It is fine, either way.

Reply by HisHughness on 9/30/11 11:14pm
Msg #399364

Re: Really, James??

***Remember that O.J. Simpson was successfully sued for damages, even though HE WAS NEVER CHARGED CRIMINALLY.***

Rolomia, apparently you spent so much time reading legal journals, you didn't read any newspapers -- for a l-o-o-o-n-g time.

Any negative legal consequences aside, a notary under such circumstances is not there to make excuses for or offer explanations for the lender. The lender would unquestionably rather discuss the matter itself with the borrower, the borrower wants to get the most factual information available, and the notary certainly doesn't want to provide informational services for which she won't be compensated by the lender and which could really screw up her relationship with whoever hired her.

Reply by Notarysigner on 9/30/11 10:25pm
Msg #399360

Re: citi fianancial loan mods n/m

Reply by Notarysigner on 9/30/11 10:29pm
Msg #399361

Claude, my answer to you question would be no!

Sorry your thread got hijacked. My intent was to help with your answer by soliciting some facts, nothing more.