Posted by Kandy Britton on 9/1/12 6:20am
Msg #432726

not getting paid

How do you handle not receiving payments for closings.
I've called left messages sent emails, they tell me they will send out a check and then nothing been over a month.

Reply by Ilene C. Seidel on 9/1/12 7:00am
Msg #432728

ALWAYS check SC and this chatroom once you take a closing. And check both sometimes there is more info on the potential client in the chatroom then in signing central. When I was new to this business and had a problem getting paid I called every day til they couldn't stand talking to me. Find out who is the owner of the business email and call every day. If that doesn't work someone in this chatroom has an effective demand letter you can send. Do a search. And for pete sakes post the non paying client in SC and chatroom for all to see.

And in the future if you take a closing then check here to see if they are duds don't feel bad cancelling the closing I don't care how close to the closing time it is, cancel it!!

Reply by 101livescan on 9/1/12 7:44am
Msg #432735

HOW ABOUT THIS ONE!

I sent my last email to a LO requesting payment for a loan I did at 10pm one evening, the rate lock expired that day at midnight.

I am still awaiting payment for my services on April 19, 2012 performed at 10pm to close the loan for your client in Goleta, CA for their refinance of property in North Carolina so they would not lose their rate lock.

I am pretty sure this has slipped into a very dark hole somewhere. What can be done to make this right? I've attached another invoice for your processing.

If I do not receive payment by end of next week, I'll be filing a claim with Santa Barbara Small Claims Court to seek payment, plus court costs, interest and penalties for non payment since April 19, 2012.

Please process my request for payment to avoid this action, which will be costly, embarrassing and time consuming for everyone, including Mr. and Mrs. Service, whom I will name in my claim, since they were to pay me at the time the service was rendered, and they refused. I signed them any way, because that's the kind of professional I am. Next time, I'll pack up my gear and leave the client with unsigned package and they can lose their rate lock at 10pm at night!

I don't think it is very professional that my payment is being overlooked and ignored.

Reply by A S Johnson on 9/1/12 9:11am
Msg #432741

"including Mr. and Mrs. Service, whom I will name in my claim, since they were to pay me at the time the service was rendered,"
I not bashing you only a warning, if Mr. and Mrs. Service are the borrowers, signers, you might find you are very shakly ground. They have already paid for the service the fee is included on the HUD 1. A second point, your service as a signing agent is not due at time of signing, any money you collect from a borrower has to be, MUST be included on the HUD 1.
You MUST remember the borrower has already paid for your services. Your relief is from who hired you. You might go up the chain to included the Escrow Co or even on to the lender in your action. This my cause the signing service to be dropped from anymore business from escrow or might even pay you as they don't need to explain to their regulatory agency why thier "sub contractors" are not paying thier independent contractors.
Aside note, I am in Texas, you in California your laws maybe some what different in your ability to contact the borrower.

Reply by 101livescan on 9/1/12 1:54pm
Msg #432758

That is the issue. My fee was not on the HUD because the LO did not get it on as he should have and he arranged for the fee to be paid by the Borrowers, who were so incensed they were told they had to sign that night, they decided they wouldn't pay after all. I know the rules, they were all broken.

In any case, I got an immediate reply from the LO who says I'll have a check by end of next week, and then it's a SPA day for me. I worked hard on this one. I normally would not any think of going after the borrower, our fees are always to be on the HUD, and normally they are. Not this time...out of state property too.

Reply by MW/VA on 9/1/12 9:31am
Msg #432744

Name the co. & where they're located. We can link it to

SC that way & it serves as a warning to others. One of the important features of using this forum is that we discuss the low-pay & no-pay cos. Signing Central is a valuable tool if you use it. Don't rely on the star ratings only, but view the comments posted by other notaries, too. You have to be logged in to do that.

Reply by CentralNY on 9/1/12 9:33am
Msg #432745

Getting Paid

I send a demand letter copying the state attorney general's office and it has never failed.

Reply by Jack/AL on 9/1/12 12:34pm
Msg #432757

I just whimper and whine, and then post in SC. n/m

Reply by CentralNY on 9/1/12 2:05pm
Msg #432759

Re: I just whimper and whine, and then post in SC.

to each his own and whatever works........... lol

Reply by NotaryOH on 9/1/12 9:34pm
Msg #432801

Re: Getting Paid

Central NY - would you mind sending me a copy of your demand letter? I am having trouble collecting on a signing completed for Hope for Home. I filed a formal complaint with the State of California Attorney General. However, I received a reply today from S. Fernandez (Public Inquiry Unit) of the Office of Kamala D. Harris, Attorney General stating the following:

"Thank you for contacting the Office of the Attorney General regarding a debt that is owed to you. We regret to inform you that we are unable to assist you, as our office is prohibited by law from representing individuals seeking legal remedies or collection services against a particular individual or client. We suggest that you consult a private attorney or collection agency. You may also want to consider filing a small claims court action."

As discussed in my earlier post in early August, I had a painful experience with for Hope for Home (and warned others after the fact not to do work for them). They were not listed in Signing Central until I had them added recently.

Reply by Kandy Britton on 9/2/12 5:58am
Msg #432809

Re: Getting Paid

I just did a signing for them. Great just what I need another company not paying

Reply by NotaryOH on 9/2/12 8:00am
Msg #432823

Re: Getting Paid

Kandy, it turns out that Hope for Home has an "F" rating on the BBB. I received a recent email from "Management" at Hope for Home stating the following, "Please be advised that we are preparing a formal complaint to be filed with the Ohio Secretary of State in reference to your conduct. Your actions have been and continue to be completely unacceptable. You have tarnished the image of your profession." This email was signed "Management - Hope for Home." This was sent in response to my efforts to collect payment by contacting the Attorney General and State Bar of California.

This is time consuming and upsetting. Rodger and Alexa Wren thanked me for my patience during the 120 minute signing and then failed to pay me on 7/2/12. Alexa Wren promised quick turn around on payment. When I followed up, Jennifer said that she no longer works there.
Here is the BBB link so that you can know what you're in for:

http://www.la.bbb.org/business-reviews/Foreclosure-Law-Attorney/Law-Offices-Of-Mahan-Abbasi-in-Los-Angeles-CA-100080153

The owner or affiliate appears to be an attorney. Their office locations are as follows:
1) 11684 Ventura Blvd, #105, Studio City, CA 91604
2) 3255 Cahuenga Blvd West, #305, Los Angeles, CA 90068
3) 12623 Limonite Ave, 440, Mira Loma, CA 91752

Reply by CopperheadVA on 9/2/12 8:20am
Msg #432824

Re: Getting Paid

Attorneys are fairly easy to collect from if you push the right buttons. I have had success in writing a letter to the state bar where the attorney is located. However once again, I always phrase it that the attorney has failed to fulfill contractual obligations in a real estate transaction. I usually fax a copy to the attorney's office as a courtesy, with a note that I will be filing on XX date (in the near future). Has not failed me yet.

Reply by Linda_H/FL on 9/2/12 8:35am
Msg #432825

Providing there is no basis in fact for this

statement

"I received a recent email from "Management" at Hope for Home stating the following, "Please be advised that we are preparing a formal complaint to be filed with the Ohio Secretary of State in reference to your conduct. Your actions have been and continue to be completely unacceptable. You have tarnished the image of your profession." This email was signed "Management - Hope for Home." "

I wouldn't play games with this any more - I'd slap it into small claims and name everyone in the docs - Hope for Home, lender, TC if involved, SS or whoever hired you if not Hope for Home (obvisouly not the homeowners);

Do you have any idea exactly what conduct they're referring to in their e-mail? What a strange reply.

Reply by NotaryOH on 9/2/12 9:02am
Msg #432826

Small claims - costs of filing

What are your thoughts on the cost to file with Small Claims? I think it's around $50.00 and another $70.00 fee to appear by phone. Any help you can provide regarding your experience with Small Claims and recovering your costs to file would be of tremendous help to me. I believe that "Management" at Hope for Homes sent that email to scare and upset me. It turns out they have an "F" rating with the BBB. There were no issues regarding my conduct at the signing only persistent follow-up emails to get paid. Alexa Wren and Rodger thanked me after the signing. They hired me and then didn't pay me.

On 6/26/12, after the signing, the email trail is as follows:

On 6/26/12, Alexa's email said, "We will absolutely compensate you at $75 for your time with the borrower."

On 6/26/12, I replied, "When will my $75.00 payment be mailed? I am feeling concerned about getting paid by your company. Do I need to submit an invoice?"

On 6/26/12, Alexa replied, "Please e-mail me your personal invoice, we send our checks out on the 1st and the 15th of every month. The 1st of July falls on a Sunday, so I will be sending your check out on Monday. No need to be concerned!"

On 6/26/12, I replied, "Attached is my invoice and scanbacks for the *** signing. I hope it works out for her. Thanks again for the business! Please confirm receipt of the attached."

On 6/26/12, Alexa replied, "Everything was received, thanks!"

Reply by anotaryinva on 9/2/12 9:26am
Msg #432828

Re: Small claims - costs of filing

You might want to try and get this post deleted, I'm sure you didn't intend to mention the borrower/applicant by name. *The earlier post has been updated, removing the name. Thank you. - Traci :)

Reply by CopperheadVA on 9/2/12 6:42am
Msg #432816

Re: Getting Paid

No government entity will assist you with collecting a debt. I always phrase my complaint that XXX company has failed to fulfill its contractual obligations in a real estate transaction, for which a homeowner/borrower has paid for these services.

Reply by MonicaFL on 9/2/12 8:40pm
Msg #432874

Re: Getting Paid

The very best way to shake up a law firm is to file a formal complaint with the Bar Association in the State where they live. When you do, be sure to enclose copies of all pertinent information/documentation. The Bar Associations are Obligated to investigate each and every complaint. How do they do this? There are attorneys in each county in the state who can be and is assigned to be the "investigator" of the complaint and is given a certain time frame in which to report his/her findings. They (the Bar) are then obligated to inform you of their findings. Believe me, no lawyer worth his/her salt wants a complaint filed against them - even if the complaint turns out in the FAVOR of the attorney - the complaint remains in their file at the Bar and that is like a black mark against them.

Reply by jba/fl on 9/2/12 8:54pm
Msg #432876

Where they work, not live, unless same place. n/m