Posted by wv/or on 1/20/13 7:54pm
Msg #451326

When you think you know what you are doing

Yesterday I had a typical signing. When I pulled out the docs the wife states that her middle name is spelled wrong. I called the signing company, but I was put on hold for a very long time, so I decided to do what I have done in the past by putting a single line through her middle name, print the correct name, have her sign with the correct spelling, and then have her initial her misspelled name. At the end of the signing I called the signing company again, and got a hold of them first try. After being transferred around a few times, I was told how to fix the problem. They told me that everything I did was fine, expect the deed, riders and the signature affidavit. They said anything that you line out and fix that is going to be recorded has to be with black ink. I never knew that, is this typical? I usually use blue ink. I have done this before and used blue ink and have never been told that I did it wrong.

Reply by MikeC/TX on 1/20/13 8:23pm
Msg #451329

The ink color you use depends on where the recording is going to be done. Some jurisdictions require black ink, some don't care (unless you use some sort of purple glitter thing....). Some may have requirements for changes to documents (which seems to be the case here). You won't know until you ask, but I've found that black ink seems to be best in general for recordable docs.

Your best bet is to do some research and find out what the county recording requirements are in your state. If nothing else, it enables you to be the local expert when the client says sign in blue and you KNOW the county says it must be black. Just being able to tell them that it won't record that way is a point in your favor.

When I was in NY I worked two counties - one that preferred black ink for recordables, the other that required it. Knowing the difference saved me extra work more than a few times.

Reply by CJ on 1/21/13 12:53am
Msg #451352

What I would have done:

I have been doing this for 12 years. I have run into all kinds of problems with the docs. My experience is: I have no idea what THIS title company wants. They might want you to cross it out, correct it and initial it. They might want you to JUST initial it because they are going to type in the correction. They might want to re-draw the docs.

If you guess wrong, you could REALLY flub it up. I am glad your solution happened to match theirs.

PLEASE wait on the phone until they call you back. If you have to leave because of another appointment, so be it. Call your signing service before you leave and tell them what is going on: "Middle name incorrect. Called title. Title will not call me back. Had to go." In fact, you should call the signing service first and let THEM deal with title. The signing service is YOUR client. The title company is the signing service's client.

Think about this: what if you guess incorrectly how to solve the problem and now they have to re-draw? Who do you think they are going to charge for that? And how much will that cost? And who will also have to go back for free? And what if the borrower loses their rate lock? It's "THEIR" problem (title's problem) that the middle name was wrong. Let is STAY their problem. Don't give them an excuse to make it your problem.

So next time: call the signing service. Do what they say. If no one gets back to you: not your problem.

Reply by Megan Knight on 1/21/13 4:54pm
Msg #451420

Re: What I would have done:

I agree! That is the job of the signing company when they give an order to be available for answers. If they do not, then NEVER assume! It always seems to be different just when you think you know the answer. lol. The signing service I frequently work with has an after hours number that someone is ALWAYS available by phone and or email. It makes for a great working relationship.

Reply by Art_PA on 1/21/13 5:39am
Msg #451359

This is a decision for Title.

First, The "wrong" spelling may be how she is vested. I would call the title company which can check the title report.

Second, why believe or trust anyone working at a SS?

Third, it may not be a problem. Unless this was for some other jurisdiction, if you have been using blue ink without any issues, blue ink is not a real problem.

Reply by CJ on 1/21/13 1:22pm
Msg #451397

I agree with Art, but I do want to say something about trusting a signing service.

Title hires the signing service, and expects them to hire competent notaries.
The signing service hires us and expects us to be competent.

I believe that since the signing service hires me, I answer to them, and they answer to title.

I have some signing services that have no problem with me calling title, and I do so a lot.
Other signing services prefer that they be the ones sorting out the problems and communicating with title.
I have one signing service that has told me point blank: "I forbid you to talk to my client. If you have a question, you call ME". I have learned that he can get a hold of title 24-7.

But if there IS a problem and title will not call you back, you REALLY need to let your signing service know, because when the docs come back and if title is unhappy, they are going to call the signing service and ask "why did your notary do that?" It's going to make the signing service look bad, and they are going to have to get on your case to save face. If you didn't call it in, then it's "your fault". But if you called the signing service and said, "the name is wrong, title won't call me back, and I have to go", then whatever the signing service tells you to do is on them, and you are in the clear.

Reply by Malbrough_LA on 1/21/13 6:43pm
Msg #451445

I agree with CJ whole heartedly. I'm in the process of one of these right now where SS said (x), Title said (y). This is why I communicate to SS via email whenever possible so that I have a log of what transpired. With this particular one, Title was attempting to shove the "problem" as though I had made the decision. SS contacts me and asks me why I did what I did. I forward all the e-mails which explain that Title told SS to tell me to proceed in the manner which I did. All of a sudden, voila, Title goes "oh yeah...we did say do it that way..."

What comes from it? I get to drive back to the BO and get paid a trip fee because I alerted Title and SS about the issue and inevitable conflict regarding recordation based upon LA Code of Civil Procedures. But, the SS is one of those that truly is a cut above the rest. Either way, I always contact the SS. I also contact Title if I can't get a hold of SS which is rare.