Posted by HSH/WA on 3/15/13 12:04pm
Msg #461335

Just attended SL VA web meeting, basically they want

the SA to take on the responsibility to make sure certain VA forms get filled in properly getting the info from other docs in the loan package and filling it in as needed. We will probably do it but it sounds like the LOs job to me and could border on UPL. Any thoughts?

Reply by Resilient/MD on 3/15/13 12:12pm
Msg #461338

Umm! Sounds like more Title Company or LO job to me. I don't think I would want to handle that. It's taking on more risk. What are the forms?

Reply by ToniK on 3/15/13 12:14pm
Msg #461339

I spoke with Craig Robinson yesterday when I was at the SL meeting here in Va. I told him that this document should be done during the loan application and not our responsibility to have it filled out. He said he would look into it. He plans to attend the webinar on Monday. Send your Vendor Management representative a message about this.

I personally dont think its our responsibility. We would have to explain this form and make sure they fill out correctly and if it isnt filed out another reason for the NSA to get dinged...totally NOT fair. The LO needs to do their jobs.

Reply by Linda_H/FL on 3/15/13 12:15pm
Msg #461340

Yeah...sorry....

"take on the responsibility to make sure certain VA forms get filled in properly getting the info from other docs in the loan package and filling it in as needed"

That is NOT the responsibility of the notary - and beware the coverage exclusion in your E&O for this type of activity.

Tell SL to make sure their own people, who have direct access to this info and are covered for it, do their jobs. Solves a multitude of problems.

JMO

Reply by Resilient/MD on 3/15/13 12:18pm
Msg #461342

Re: Yeah...sorry....

I wouldn't touch it with a 10 foot pole. Proper ID, Sign & Notarize....I'm out the door.

Reply by HSH/WA on 3/15/13 12:21pm
Msg #461344

Re: Why do you suppose SL doesn't know that filling

in forms is not our job. Is it because they have no control of the LOs and TOs but do have power of us?

Reply by Stephanie Santiago on 3/15/13 12:26pm
Msg #461347

...is it up to us to educate them....? n/m

Reply by Ronnie_WA on 3/15/13 12:51pm
Msg #461355

Re: They do not have power over us. No one has

the power to make us break the law. It is a choice the weak will make because they are motivated by fear or operating in ignorance. Neither is defensible.

Reply by Lee/AR on 3/15/13 1:29pm
Msg #461364

Exactly! Remember, they'll never get punished for asking

But you most assuredly can for the 'doing'.

Reply by desktopfull on 3/15/13 2:08pm
Msg #461367

Ditto that, above my licensing or commission.

Talk about a jail cell with the door wide open waiting for you to walk through!

Reply by Lee/AR on 3/15/13 12:26pm
Msg #461346

Ummm, nope, doesn't just border on UPL

Takes a giant step over it into LO territory. I strongly doubt even business liability ins. would afford any protection to us about this & Notary E&O--ha. And if it's wrong...good grief!

Reply by Notarysigner on 3/15/13 12:32pm
Msg #461349

Just yesterday the post were about working smarter, just

think SAME fee, more work.....that's just stupid. No not doing it. How about doing LESS for same fee, now that's more like it. IMO

Reply by desktopfull on 3/15/13 2:18pm
Msg #461368

Has nothing to do with working smarter or doing more for the

same fee. It's has everything to do with asking you to break the law and face the reprecussions of your actions alone. They will never admit that they told you to do this, nor would they ever put the request in writing. Ever get one of them to put in writing the request to backdate? You think for one minute that I would alter a Federal government form, think again. We aren't even allowed to write in a missing date for a borrower if it gets overlooked. This is a BS request with huge reprecussions and SL should know better, or at least their in house lawyers or underwriters should.

Reply by MW/VA on 3/15/13 12:45pm
Msg #461351

I wouldn't touch that. Remember that we are not licensed in

the mtg. industry, and anything that could be construed that way would be a big no-no.
Let the LO's do their jobs--that's what they get paid the big bucks for!

Reply by HSH/WA on 3/15/13 12:49pm
Msg #461354

Re:It's not about getting paid more to fill in the blanks,

it's about liability. Filling in the blanks is not a SA's job and we are not covered for it. IMO

Reply by MW/VA on 3/15/13 12:52pm
Msg #461356

Totally about the liability. Always remember, someone

can ask you to do something illegal, but you'll be the one committing the illegal act.
We have to be very careful in our role as NSA's not to cross the line into other areas.

Reply by Ronnie_WA on 3/15/13 12:47pm
Msg #461352

No problem if you have an active LPO license or a loan originator license. Otherwise, it is UPL in WA.

Reply by NVLSlady/VA on 3/15/13 2:25pm
Msg #461370

Who in the settlement office (at table) would do this for Bo n/m

Reply by Barb25 on 3/15/13 2:57pm
Msg #461377

to OP: What exactly do they want you to do?

What forms exactly are they? What has to be filled in?

There aren't that many specific to VA loan are there? If so wouldn't the borrower know the info? And then couldn't he fill them in?

Reply by Donna McDaniel on 3/15/13 4:12pm
Msg #461405

Re: to OP: What exactly do they want you to do?

My guess from my experience with VA loans and Servicelink is the 'Report and Certification of Loan Disbursement form'.

I've had instructions from a few TC's, not just SL, that want us to be sure that box 6, box 27b1, 28A, and 29A are completed.

If the lender hasn't filled them in, the borrower needs to.

Much ado about nothing, IMO.

Reply by Donna McDaniel on 3/15/13 4:13pm
Msg #461407

98% of the time they are filled in already. n/m

Reply by ToniK on 3/15/13 5:20pm
Msg #461418

Actually it was 14 places that we need to have them fill out

& initial.

I saved the slides from the webinar

Reply by Donna McDaniel on 3/15/13 6:03pm
Msg #461427

Which forms? n/m