Posted by bigmommy on 11/16/13 10:29am
Msg #493032

Collection of Fees

I have been stiffed by a title agent in another state than where I did the closing. I accept responsibility for "giving them a break" and performing the closing without getting payment up front.

Any suggestions on how I can collect my fees? Is court the only option?

Reply by zetetic/IN on 11/16/13 10:41am
Msg #493035

You could notify them that you are attempting to collect a debt and that you may be forced to contact the DoI and AG in both states as well as the borrower to let them know fees were charged for services that were not paid for.

I am not a lawyer and these are just suggestions.

Reply by Linda_H/FL on 11/16/13 10:47am
Msg #493036

File a complaint with the regulatory agency in the state where the title company is located;

If the title agent/agency owner is an attorney, file a complaint with that bar association;

Begin small claims paperwork naming the company AND the attorney as defendants - make sure to include costs of collection (entry fee, service fees etc) in your claim for damages;

Do NOT...I repeat...DO NOT contact the borrowers. They paid your fee in their title costs and you have to them. (going to add here, ideas like "contacting the borrowers for unpaid fees" is one of the many reasons we're now dealing with the likes of SPW).

Name the company so the rest of us will know who to avoid; also, there may be those here who have worked with this company who can provide you with good contact info and bill collection techniques for them.

Reply by Linda_H/FL on 11/16/13 10:53am
Msg #493037

Re: Collection of Fees...another point

Check the county records and make sure the loan you closed did record; if it did that means it funded; if it didn't record, or it was recorded and another notary notarized the mortgage, that means there was a problem with the signing YOU did and, depending on the terms of your confirmation with the title company, you may not be paid.

Just an afterthought.

Reply by Linda_H/FL on 11/16/13 10:54am
Msg #493038

I hate my new computer...<<mutter>>

"They paid your fee in their title costs and you have to them."

s/b

They paid your fee in their title costs and you have no recourse against them..

Sorry

Reply by bigmommy on 11/16/13 6:55pm
Msg #493066

Re: I hate my new computer...<<mutter>>

Thank you all for the helpful advice. I will post the name of the company so everyone knows not to use them.

The loan did fund, it was a refi, and I was asked to step in because the other notary did not show. The title agent told me several times that payment has been sent out but apparently was lost in the mail. (yeah, right - lost in the mail)