Posted by Buc on 9/15/12 12:12pm
Msg #434503

middle initial

The middle initial on all the documents was incorrect. The borrower refused to sign mainly because the DOT had the wrong initial
Is there anything I could have done to save this signing?

Reply by 1Notary1 on 9/15/12 12:17pm
Msg #434504

Yes. You could had the borrower make the correction and had him/her initial it. Simple as that.

Reply by Linda_H/FL on 9/15/12 12:25pm
Msg #434505

"Yes. You could had the borrower make the correction and had him/her initial it. Simple as that"

With authorization for title/hiring party....

Never take it upon yourself to correct the documents without authorization - it's very possible they hold title with that middle initial.

A call to hiring party/title from the table may have helped save this deal.

Reply by SERVICIO on 9/15/12 12:30pm
Msg #434506

Linda is right

a short call to the LO would have saved the signing!

Reply by Teresa/FL on 9/15/12 1:14pm
Msg #434515

Yes, Linda is right

A call to your hiring party is in order. That would be the SS or TC, not the LO as the LO normally does not know how title is actually held.

If title is held with an incorrect name (IME, usually from a typo on the Deed), they will advise how to proceed. Sometimes a new deed needs to be prepared to correct this issue.

Reply by Linda Juenger on 9/15/12 1:27pm
Msg #434519

Servicio, The LO is not the right person to call in this

situation. This is a TITLE question, not a # question. Learned that a loonngg time ago. LO's will tell you to sign no matter what.

Reply by 1Notary1 on 9/15/12 1:05pm
Msg #434514

True, Linda, that goes whithout saying. Thanks for clearing that up.

Reply by HisHughness on 9/15/12 1:16pm
Msg #434517

Wow! She could have called the title company! Why didn't SHE think of that?

It's 9 p.m. Lender, title and signing service have long gone home, shed their wet clothes and crawled into a dry martini, and are definitely NOT available for consultation. So the question remains: Is there anything she could have done to salvage the signing?

Reply by Linda_H/FL on 9/15/12 1:34pm
Msg #434520

Umm...where did you see 9pm?

And yes - she (which actually is a HE but that's beside the point) should have an after hours phone number to call for issues at the table...which this issue shouldn't BE at the table as this could have been avoided by information obtained during the confirmation call.

Reply by HisHughness on 9/15/12 2:14pm
Msg #434527

Re: Umm...where did you see 9pm?

It is ususally pointless, when these questions arise, to address the obvious. One would assume that if the NSA is doing real estate closings, and especially if he/she/it has been around long enough for you to know his/her/its sex, he/she/it has sense enough to call the title or the hiring party for the answer to such a question if that was an option.

He/she/it does not have a phone number for anybody. Is there any way to salvage the signing?

Reply by Linda_H/FL on 9/15/12 2:27pm
Msg #434529

OK...if you insist...

Since borrower refused to sign without correct middle initial then No - I guess there IS no way to save it...

Like I told someone once before and I'll tell you now..your pompous is showing Hugh...lighten it up a bit.

Reply by Buc on 9/15/12 3:01pm
Msg #434533

after hour signing

This signing was after hours. The after hours emergency number for the hiring party was an answering machine.
Crossing out and initialing was suggested to the borrower but the idea was rejected by the borrower.
I did not have the authority to make corrections to the vesting on the DOT.
Now any more suggestions?

Reply by DaveCA/CA on 9/15/12 3:16pm
Msg #434535

Change the document

Not sure I understand the question now. At first, sounds like the middle initial was incorrect. In this case, if you cannot get in touch with anyone and they don't want to sign, what I do is try anything to save me from going back out. So, since they won't sign with it wrong (which is good) go ahead and cross out, correct, and have them initial it. My thinking is, since they won't sign it anyway, changing it won't hurt it. However, it sounds like you suggested that and they rejected it. I would have pushed the issue more. Did you tell them confidently that this would probably work? (assuming it not provident) What confused me with your follow-up post is you said you didn't have authority to correct vesting. That is a different issue but again, with vesting, I would just have them make change and initial too.

Reply by CinOH on 9/15/12 3:44pm
Msg #434539

Re: Change the document

"I would have pushed the issue more. Did you tell them confidently that this would probably work?"

Never push or coerce anyone into signing anything. You can find yourself in hot water. That's not the role of a notary or a signing agent.

Provident is not the only lender with strict rules about changing/correcting docs without express permission to do so.

Changing a DOT/Mortgage document will prevent it from being recorded in many jurisdictions.

When the borrower says they're not going to sign call the hiring party from the table. If they are not available then leave a vm, pack up and leave. Bill for a trip and print fee and move on to the next one.

Reply by 1Notary1 on 9/15/12 4:27pm
Msg #434542

Re: Change the document

Dave, I totally disagree with you. You can not, as a notary, push anyone into doing something they don't want to do. That's neither ethical nor legal. If the borrower refuses to sign, under the circumstances, there is not much you can do about it. However, like yoursel, I am now confused about what Buc is really asking. Seems like he tried different option. Again, under the cirsumstances, the only thing left to do was to leave and then bill the hiring party the trip and print fee.

Reply by DaveCA/CA on 9/15/12 6:35pm
Msg #434569

Used bad words

Probably a bad choice of words I used. Of course we aren't supposed to force anyone to sign anything. What I meant was to lay out the options for them. Hey borrower, this has happened many times and what they usually have me do is this and it ends up being fine. Most people, when you show confidence and authority in a situation, they will follow. (Not everyone, just most).

Thanks for calling me out on the coercion thing though. I do agree with you.

Reply by pat/WA on 9/15/12 3:33pm
Msg #434537

Linda

The middle initial was not on the confirmation. The signing was in a restaurant at 7pm. No one available to call.

Reply by Linda_H/FL on 9/15/12 3:40pm
Msg #434538

Pat

When I make my confirmation call I confirm their photo ID and I ask borrowers to please read their names to me as the names appear on the ID...then when docs come in I know if I have an identification issue or not - before I print and before I travel. Not saying this is the perfect way but I've avoided wasted trips several times using this method.

Sorry you got hung out to dry on this one...7pm is not all that late for someone to be available on hiring party's end, especially if they have outstanding orders going on...shame on them.

Reply by Linda Juenger on 9/15/12 4:01pm
Msg #434540

Is Pat/WA and Buc the same person?? n/m

Reply by Cam/CA on 9/15/12 5:27pm
Msg #434552

Re: Yes, a husband and wife team from what I have

gathered over the years that they have been posting.