Posted by Barb25 on 12/15/12 12:57pm
Msg #446638

As they say.. No good deed goes unpunished.

I had a signing the other night. Actually I received the docs 4 days in advance and printed them. They were fine. I received a call the night before the signing. They were sending new docs. Great, not. Okay. I did not get to print them until the morning of the signing but was busy all day and did not get to go over them. Who knew?

I get to the signing... No mortgage, no note, no RTC. Terrific. I call lender team. I think this is a quality issue with the title company. Yes? Okay. I agree to stay and go on borrowers computer and title will email me the docs secure email. I will print and all will be lovely. Well easier said than done. I cannot get access to secure email. So they send to borrower but he does not have an account. So I call back again. They tell me I need to call Technical assistance for MY problem. Does anyone realize this is NOT my problem? Anyhow after 2.5 hours I leave there with docs signed and and borrower who is late for work. What a good guy am I. Oh, I forgot to tell you. When I get the missing papers, I find out for the first time this is a trust. Not a big deal you would think. But I call as to how they want them to sign. Okay We finish. I go. Borrower is late. I am a quasi-hero. Yes? No!

Quality issue with the Notary. AGH! Borrowers did not sign name as individual and as trustee. (I called about this.) Borrower did not sign as Trust Settlor on Note and Mortgage -- Yes they did on the Mortgage as we discussed the phone when I called but not on the Note because there was no place to sign that was on the Note. Also there was a Certificate of Trust included in the emailled docs to me at the borrower. It was to be fillled out by the borrower. They did not approve of the borrowers answers or lack there of and somehow found me accountable for the lack of information. I responded that was a quality issue that they should take up with the borrower. I am responsible for having it signed and notarized. BTW, it said this Cert. must be acnowledged. However there was not ack. included. I did take care of that.

Are these people crazy? I have not heard back about this but I am not inclined to want to work with this group again. I should have left when I was missing half the package. If not then, when I couldn't get to the package. This is just the icing on the cake.

Reply by Karla/OR on 12/15/12 4:16pm
Msg #446655

Barb, IMO, you went above and beyond by staying and working through the issues - your persistence, knowledge, and questioning should have sealed the deal. It is always a pain when we find out something has to be re-done whether it's our QI or theirs. So sorry.

From experience I know trusts can be tricky. I've had two recently - one of the lenders sent specific instructions and the other did not. On the latter, I called them and went page-by-page asking how to sign. I took those notes with me to the signing and referred to them often. These are situations that don't come up on a daily basis and legally I have no clue, without instructions, how to make sure it is signed right.

Reply by Barb25 on 12/15/12 8:31pm
Msg #446684

Karla you are so nice Point is Karla that it wasn't complicated at all and the Note and Mortgage was signed the way they asked. As for the Trust Settlor part it was signed as John Doe, Trust Settlor on the Mortgage but the Trust Settlor signature part was not added to the note by the Lender so of course it could not be signed that way. How could that be a Notary error. A Lender error ... Hmm.

As for the Trust Certificate. I am not responsible for what the borrower writes. On that he signs and I notarize.

My point is that if I hadn't bend over backwards to try to get this thing signed with all their "errors" and missing docs... None of this other nonsense could have happened.

By the way. I do signings with Trusts for many TCs and many of them just have the BOs sign their name and don't mae them write out all the verbage below the line. That includes the , Individually and as Trustee. Landsafe is an example.

Reply by HSH/WA on 12/15/12 10:52pm
Msg #446693

Re: Good work but I wonder if we open ourselves up to legal

problems helping the BO fill out legal documents. We are safe notorizing signatures but assisting with legal forms could be a bad idea. Will our E&O cover our incorrect help should it be wrong?

Reply by Barb25 on 12/16/12 9:11am
Msg #446711

Re: Good work but I wonder if we open ourselves up to legal

I agree. You are exactly right which is why I didn't do that. And that is what I responded to this so-called quality issue. I could not give advice to the borrower. I told them to fill in what they thought to the best of their ability. They signed. I notarized.