Posted by leeinla on 4/2/12 5:30pm
Msg #416840

Issues with Title Co.

I did a split signing for an escrow officer at a title company in Southern California. She agreed to my fee. The signing was February 13, 2012 and I still have not received payment. She stated to me that she can not close her file because the lender (Chase) made an error on a rider. It is my experience that errors by lenders on loan docs get fixed right away (usually within a week). The deed of trust did record and loan did fund. Is she telling me the truth or finding excuses not to pay me?

This is what she state in the last email:

It has not closed because the wrong Rider was included with DOT. There was a PUD rider signed with docs, but the property is actually a Condo. They had to re-do their paperwork for the approval and since loan is funded already, it is taking longer. I understand it has been a while and I am trying to get it straightened out for both of us.

Please share your thoughts and opinions about this.

Thanks,

L.

Reply by Linda_H/FL on 4/2/12 5:42pm
Msg #416842

Re: Issues with Title Co....

Title says:

"It has not closed because the wrong Rider was included with DOT. There was a PUD rider signed with docs, but the property is actually a Condo. They had to re-do their paperwork for the approval and since loan is funded already, it is taking longer"

My reply would be:

"The DOT and rider that I closed was recorded on XX date in Book XX, Page XX. Since you state the loan "already funded", please note that my payment for services rendered is not contingent on you or lender correcting your own internal errors. Since the loan I closed recorded and funded, kindly send payment in the agreed amount of $X immediately. If I do not receive payment by <insert drop-dead date> I will have no recourse but to report this to the proper administrative authorities and submit this invoice for collection in small claims court.

Thank you"

I, personally, wouldn't mind waiting on payment if it were agreed in advance, but to make you wait for payment because of their OWN internal errors is their problem, not yours.

Good Luck.

Reply by Barb25 on 4/2/12 8:43pm
Msg #416858

First the loan signed: You should be paid ... unless your terms were that you don't get paid unless it funds.. But

You said the loan funded... end of story. You need to be paid.

So unless your terms were that unless you did not get paid until it recorded, this is not your problem.

Your check should be in the mail