Posted by pat/WA on 6/21/12 12:10pm
Msg #424219

cashiers check

I did not staple the check to the HUD. So there are no staple holes.
I placed it in the UPS envelope and went directly from the borrowers home to UPS.
Title now says they did not receive the check. What should I so now? Call the borrower? Call title again? or just sit tight until they find it.

Reply by Gary Boehm on 6/21/12 12:19pm
Msg #424222

cashiers check

I carry a bag of oversized colored paper clips in my kit. I ALWAYS clip the check to the four pages (or so) of the HUD at the signing table. Then I know it goes with the package when I put everything in the envelope. Make sure the borrowers get their copy of the check stub, carbon or "top half".

Call the borrowers and explain to them what you have been told. They can then contact their bank with the check number from their copy and start the process of tracing the check - to find out if someone cashed/deposited it? Puts the bank on notice that there might be a problem.

Beyond that it is up to Title to see what happens next.

Reply by CJ on 6/21/12 12:35pm
Msg #424224

My 2 cents.

I would not call the borrower. They might start running around in a crazy panic thinking the worst (The worst: the notary was a fake and stole the check and ran off to Mexico and going to drain their account). There is nothing the borrowers can do to find the check. I would call the SS and tell them the whole thing so they will be ready to back you up. Title can call the borrowers if they need another check or funds wired.

Reply by Clem/CA on 6/21/12 12:38pm
Msg #424226

I always put everything in the envelope, if there are no fax backs, in front of the BO to be my witness if Title " did not receive" something. I had Title call me and say I did not send a DOT.
" Oh you are saying I left 17 pages that were in the middle of a package out of the envelope?"
"Yes you must have.
"OK, Please call the borrowers and ask them if I sealed the envelope in front of them. I am willing to get the DOT resigned for another trip charge after you call them".
.........
.........
.........
later that day

" How much is your charge to get the DOT resigned?"
" Same as the first time, but I'll discount it if you say your sorry!"
"ok Sorry"
" Me too, I'm booked today."

Reply by Belinda/CA on 6/21/12 10:54pm
Msg #424313

Laugh laugh - n/m

Reply by Linda_H/FL on 6/21/12 12:45pm
Msg #424227

Why did you not attach that check to the package in some

way? Mail rooms at these big companies lose stuff all the time. You can't just leave a check floating around in a UPS envelope. I always staple mine to the first page of the HUD - and THEN make a copy of it to prove it was attached.

I wouldn't call the borrower right away but I'd have title check their garbage - I bet the check is stuck in the UPS envelope...

Reply by MistarellaFL on 6/21/12 12:56pm
Msg #424231

<<<companies lose stuff all the time>>>

Yepper....had a few TCs "lose" checks in my NSA career.
(Misplace is more like it)
Fortunately, they were always "found".
I learned to staple the check to the HUD as well, and afterward, never had this problem again.

Reply by desktopfull on 6/21/12 2:10pm
Msg #424245

Re: <<<companies lose stuff all the time>>>

They also throw them away the the fed ex envelope when the check isn't attached. TC went back through the trash and found the check.

Reply by pat/WA on 6/21/12 1:01pm
Msg #424233

Re: Why did you not attach that check to the package in some

Sorry, I got in a hurry. I had 15 minutes after the closing to make it to UPS. I know I went directly to UPS with no stops between the borrowers home and UPS.
There are only three places that check could be. Borrowers home, my car or the title company office. It is not in the borrower home (the title company already called him) it is not in my car. So that leaves the title company office.
This title company is not large probably doesn't even have a mail room.

Reply by jba/fl on 6/21/12 1:24pm
Msg #424238

Small stapler in your notary bag

Been carrying mine for 10 years - still in perfect condition. Ran out of staples the other night, BO produced his. Always at the time it is given, attached to HUD. My return stacking order: BO's id, HUD, rest of pkg in order it came off the printer.

http://www.staples.com/Staples-Mini-Magnetic-Stapler-Assorted-Colors/product_486162

Never had one lost or misplaced.

How many times has this been discussed here? (forget it - rhetorical question)

Reply by Marian_in_CA on 6/21/12 4:23pm
Msg #424266

Yup... always carry a stapler!

For thos os us in CA, it's pretty much required equipment now that we're required to staple our loose certificates no matter what.

I have a mini stapler that used full-size staples. It's just part of my gear, always ready to go.

Reply by GOLDGIRL/CA on 6/21/12 1:31pm
Msg #424240

Re: Why did you not attach that check to the package in some

Geez, Pat. As soon as you get to a signing where you know borrowers will be giving you a check, do not pass go, do not go to jail, do not take another breath. Instead, immediately pull out an envelope (preferably brightly colored as once suggested by Gina Priest of Ocean Pacific), write "check enclosed" on it. Place envelope prominently on signing table. Then as soon as you've gone over the HUD or settlement statement with borrowers (first thing) put the check in the envelope and STAPLE it to the HUD/settlement statement.

Never just toss a check in an envelope and hope TC won't lose it. That's like hoping you'll win the next state lottery. Or think of some other system that you know will work for you so this won't happen again. Good luck!

Reply by JulieD/KS on 6/21/12 1:31pm
Msg #424241

Re: Why did you not attach that check to the package in some

I would risk missing the UPS pickup rather than risk losing a cashiers check!
I always paperclip it with two large paperclips to the side of the HUD-1. I make sure it is completely secure before putting it in the shipping envelope.

Hopefully, the check will be found and all will be well.
I carry a mini-stapler in my briefcase, as well, but I don't staple the check to anything unless Title specifies for me to do that.

Reply by HisHughness on 6/21/12 2:02pm
Msg #424244

Re: Why did you not attach that check to the package in some

Till you can acquire a stapler, try chewing gum, Pat. Availabable at any 7/Eleven.

Reply by pat/WA on 6/21/12 3:18pm
Msg #424252

This can't be a first

There must be some notary that this has happened to before. When a cashiers check is lost what happens? Whenever there is a problem there is always a way to fix it. Does anyone know what that is?
The title company that was to receive the cashiers check is offering no help. All they say is they don't have it

Reply by Linda_H/FL on 6/21/12 3:41pm
Msg #424255

You're right Pat - it's not a first - see your January post

Msg #408643

Reply by pat/WA on 6/21/12 3:44pm
Msg #424258

Re: You're right Pat - it's not a first - see your January post

In that instance they found the check.

Reply by jba/fl on 6/21/12 3:51pm
Msg #424259

Re: You're right Pat - it's not a first - see your January post

Pat, don't you read what others say or do you just come to drop your comment(s) and then move on? You should have learned something from the problem in January....You have to be pro-active. That means you take action to prevent things like this from happening.

Many, many suggestions were given then, and more today. You need to plan to apply them to your work habit. And even though pilots could probably go through their start up procedures by rote, they do not and always use a checklist, for every step of the process. Perhaps you should incorporate something like a checklist that you refer to each and every time.

Baseball is a game of good habits. As is almost any other venture.

Reply by BrendaTx on 6/21/12 8:11pm
Msg #424297

LOL! n/m

Reply by MistarellaFL on 6/22/12 9:41am
Msg #424332

Aww Jeez, Pat!

Seriously?
You're choosing NOT to take advice? that's absolutely frustrating.

Reply by Carolyn Bodley on 6/22/12 1:45pm
Msg #424358

Re: Will we be going for three times? n/m

Reply by pan/nd on 6/21/12 3:41pm
Msg #424256

Re: This can't be a first

have the borrowers go back to the bank which issued it....hopefully that instutition can

stop payment and issue a new one.

Reply by pat/WA on 6/21/12 3:56pm
Msg #424260

Re: This can't be a first

The borrower went to his bank and was told it would be 90 days before a replacement check can be issued.
The title company is intimating that they believe I am in error and should pay the $6000.00

Reply by Clem/CA on 6/21/12 4:49pm
Msg #424268

Re: This can't be a first

Just as you can't prove that you returned the check, they can't prove that they did not lose it. I would keep asking why they threw it away, then tell them to deal with it and leave me alone. You know you sent it back... right?

Reply by Barb25 on 6/21/12 5:23pm
Msg #424271

There is no reason to believe that the check

was not in the envelope, is there? Hopefully the borrower saw you put it in the envelope. In any event no one can make you pay this amount. At the most this TC can no give you work in the future. As a side note someone made mention of canceling the cashier's check. A cashier's check cannot be cancelled. If you have it in your possession you can bring it back to the bank.

Anyhow, I hope the check is found and all will end well. Truth be told, you can staple, rockets can go off, bells can ring. If someone at Title loses it when the package is opened the notary is going to take the hit.... No doubt. Now I guess we need to take pictures with our handy dandy little cell phone cameras of the checks stapled securely to the HUD.... being placed into the the Fedex envelope and sealed. Yes, a video. Why not?

Reply by VT_Syrup on 6/21/12 5:37pm
Msg #424272

Cashier's check or faxbacks, but not both (or surcharge)

It makes sense that to even begin to convince other people the check was in the envelope, you would have to have a video showing you put it in the envelope, sealing the envelope, and you and the borrower signing the closure of the envelope. But if you do that, you must have already faxed back anything that has to be faxed. So you would need mobile faxing or scanning capability, which few notaries have. And you should add a surcharge to pay for the mobile equipment.

Reply by Barb25 on 6/21/12 5:54pm
Msg #424276

Re: Cashier's check or faxbacks, but not both (or surcharge)

It opens a whole new career.....

Reply by CopperheadVA on 6/21/12 4:31pm
Msg #424267

Re: This can't be a first

Cancelling or stopping payment on a missing cashiers check is not a simple matter. If a replacement check is needed (it would be in this case since the purchase or refinance transaction will not be completed without those funds) then it's my understanding that a bond must be issued in case the original check is also presented for payment.

From the Comptroller of the Currency Administrator of National Banks website:

QUESTION:
I purchased a cashier's check from the bank and then lost it. I want to purchase a replacement, but the bank says I first have to purchase an indemnity bond. What is this?

ANSWER:
If you lose a cashier's check, the bank will require that you obtain an indemnity bond for the amount of the lost check before it will issue you a new one. This ensures that you—not the bank—will be liable for the second check. Otherwise, the bank could be liable for both checks.

Indemnity bonds can be purchased through several insurance companies; however, they are often difficult to obtain. Contact your insurance broker for help. Be forewarned that even after you present an indemnity bond, a bank may require you to wait 30–90 days before it will issue a replacement check.

If you lose a cashier's check given to you by someone else, you can ask that person to buy you another check. If they refuse, you could approach the bank with an indemnity bond.


http://www.helpwithmybank.gov/get-answers/bank-accounts/checks-cashiers-checks/faq-bank-accounts-cashiers-checks-01.html

Reply by HisHughness on 6/21/12 6:04pm
Msg #424278

Possible scenarios for lost check

1. You left the check on the table. Borrowers discovered check, decided they wanted to keep it and blow their refinance. Hmmm...

2. You placed check in folder/briefcase/hip pocket/bra/hatband, then failed to include it in return envelope. Thorough search of folder/briefcase/hip pocket/bra/hatband having failed to turn up check, obviously it was devoured by gremlins. Hmmm...

3. Courier steamed open envelope, removed check, steamed envelope shut, sent it on its way. Hmmm...

4. Title company employee opened envelope, removed documents, didn't bother to check to see if miscellaneous docs, business card, promotional calendar, invitation to lunch, winning lottery ticket, microdot copy of "War and Peace," or $6,000 cashier's check left inside, then discarded envelope. Hmmm...

Darn darn darn! Which is the more likely? The hard questions are just almost more than an NSA can bear.

Reply by GOLDGIRL/CA on 6/21/12 6:04pm
Msg #424279

Possible answers

<<When a cashiers check is lost what happens? Whenever there is a problem there is always a way to fix it. Does anyone know what that is? The title company that was to receive the cashiers check is offering no help. All they say is they don't have it.>>

This has never happened to me (thank gawd) but if it did: I would stay out of it. If you have no idea where it is and if the borrower doesn't have it either, then there's nothing you can do. I think others have told you not to contact the borrower and I would add don't keep calling title. Just stay ouy of it. The title co. has been down this road many times before. They know what to do. They may try to browbeat you into thinking that somehow you gotta come up with the $$. Are they nuts? Just don't respond in any way. Don't engage. If they expect you to do something, they (or their lawyers) will tell you and you can go from there. It's clear you have no idea what happened to the check after you (allegedly) tossed it in the envelope. Maybe it fell to the ground. Maybe it's hidden under your car mats. Maybe it's in a shopping bag. May the UPS guy stole it. If title says they don't have it, then they don't have it (which they probably do, actually; they just haven't taken the time to search all the "empty" courier envelopes). So, now, you just gotta wait it out. There's nothing you can or should do that I can see. Interjecting yourself into his mess would likely make it worse.

P.S. I really like the idea of taking a quick picture of the check stapled to the HUD!

Reply by Barb25 on 6/21/12 6:18pm
Msg #424281

Re: Possible answers

I think the point is that taking a picture may be a solution but why is this any more necessary than taking a picture of you putting the docs in the package. The check is no good to the notary. And the notary only gets paid if the signing completes successfully and the package is returned. So. This whole idea that the check would not be returned is outrageous. Someone is passing the buck here. And it doesn't matter how many pictures you take, the result will be the same when someone wants to pass blame. My 2 cents.

Reply by OR on 6/21/12 8:09pm
Msg #424294

Re: I had 1 call last year

I always make a photo copy of it stapled to the HUD signature page. That make a great recipt for the borrowers that they sent the check to Title. I had 1 call where is the check came up missing. I said it was stapled to the HUD signature page and the borrowers have a photo copy of it. Never heard another darn thing. Love staples and photo copys. I have a photo coping machine in my car. Love having a copy machine in my car.

Reply by BrendaTx on 6/21/12 8:09pm
Msg #424293

Lost checks

Last month I put a deposit for $750 into an envelope (one check) and put it in the shoot for the night deposit. I have done this at least 100 times over the last ten years.

The next morning it was not in my account.

I called the bank. They "went and looked and looked in the night deposit and checked all the trash cans" and IT WAS NOT, NOT, NOT THERE.

I was really worried because I figured that someone had fished it out of the box. I got their word that they would review the security camera video because I was able to give them the exact time within five minutes that it was deposited. They did and they saw me make the deposit. I think that it was at that moment they actually went and looked in earnest for it.

Fortunately, right before I had the issuing party go to the trouble of stopping payment, the check was miraculously found stuck in the night deposit.

It's there. They have just overlooked it.

Reply by LKT/CA on 6/21/12 6:35pm
Msg #424284

Here's what I do ******and I make a big show of it in front of the borrowers******: I take out an odd sized, neon colored envelope and use a green sharpie to write "FUNDS $$$$" in all caps and dollar signs across the front. Then I put the check in the envelope, use a glue stick to seal it, put a sticker or decal over the seam of the envelope. After that, I staple the envelope across the top to a blank piece of paper and place it on top of the stack. The signed, notarized stack gets a binder clipped on it and all is put in a 10 X 13 clasp envelope. Lastly, that clasp envelope is tape shut with packing/shipping tape.

I ensure that the borrowers are watching me closely, this way they are on MY side if the TC loses the check and tries to claim they never got it. Considering the show I put on for the borrowers, and what the TC must go through to get to the cashier's check.....enough said.

Pat/WA....going forward, you have been given enough tips to NOT let this happen again.

Reply by OR on 6/21/12 7:54pm
Msg #424288

Re: I staple it to the hud and make a photo copy for recipt

I then have no worries.

Reply by Susan Fischer on 6/21/12 7:57pm
Msg #424290

Similarly, I *staple* every check to appropriate page

of stack, and place on top. Record ch#/amt/date/payee in journal, in front of borrowers (it is a show..., and include same info in completion report to SS or other hiring party.

Never had a "lost" check over almost 10 years.