Posted by Suzibelle01 on 10/14/13 8:36pm
Msg #488138

Notary Responsibility

I got a called from a ss asking to do a buyer only signing. They said the package was medium size and the buyers were the only parties going to be present at the signing table. When I got the 202 page package I noticed that there was a form called Waiver of Lien for a Contractor to sign and notarized. I called the ss to see if the Contractor was going to be present and they said they did not know and suggested that I was the one who would have to call the title company to find out. Called the title company and they said it wasn't their form and that it must be the lenders form.

My question - Is it the notary responsibility to go through all these hoops to make these calls to make sure everyone is at the signing table? What responsibility does the ss have in all of this?

I am turning this signing back due to this plus the large package for the fee I am getting. But, going forward I would just like to know how far a notary has to go to get the job done.

Your thoughts are appreciated.

Reply by Linda_H/FL on 10/14/13 8:51pm
Msg #488139

I would have made the calls to SS and TC to clarify

and make sure all are present - yes I feel that's part and parcel of the job.

I won't call the lender. That's title's job. Let THEM, who are getting the bucks, contact THEIR client (the lender) to find out exactly what's required....then get back to me with written instructions.

And yeah...202 pages? Wow..

Reply by MistarellaFL on 10/14/13 8:57pm
Msg #488141

202 pages + waiver of lien sounds like a construction loan

Most times there is usually multiple signers in different locations. Those packages are a PITA.
Agree with Linda. Making sure all parties to be signing are present is what makes an NSA different from "just the notary".
You did the right thing by checking.

Reply by 101livescan on 10/14/13 8:53pm
Msg #488140

I'll go the distance if the fee meets the scope of work. Sounds like you're the monkey in the middle on this one, and if it's only $100, I'd give it back. 202 printed twice is not a medium package. 100 is.

The lender and title company are the ones making the big $$...I'd throw it back. Too little, too much, unless they make the fee more attractive.

Reply by JimAZ on 10/14/13 8:58pm
Msg #488142

What's the name on your confirmation? That's the name I get signed and any others are subject to a fee renegotiation. 200+ pages is not a medium package and requires a fee increase. Otherwise, as you say, "turn it back".

Reply by Suzibelle01 on 10/14/13 10:47pm
Msg #488149

Thank you everyone for your response. You helped make my decision a little easier. Once I take an assignment I feel that I should live up to my commitment to complete the assignment but in this case not so. I feel bad about it but with over 400 pages to print I just can't justify going forward with this one.

Have a wonderful week everyone.
Sue

Reply by JanelWI on 10/15/13 10:57am
Msg #488184

Did anyone notice how useless the signing service

was in this scenario? What? They take closings and don't know what is involved and call to schedule a closing they know nothing about? How can they offer us any kind of fee without being able to give us the particulars. What the heck are they getting paid to do in this situation?

While I am no fan of the babysitting signing services out there, I do believe that they do have some responsibility to the agent doing the work to know how to properly support them from transaction beginning to end. That means support, not babysitting...there is a difference, and unfortunately many signing services miss that target completely. It is either one extreme or the other and I am sick of sharing a cut of my fee for them to just basically "pick up a phone".

...And what the heck...title said it was not their form, it must be the lender's form? Did they not see it in the package? I am sure as snow falls in Dec that they would come back on you if it was not executed properly. I feel they have a responsibility to find out for you....you are there on their behalf...They should have an interest in making sure you are executing the package according to their lender instructions and settlement standards.

They should have known this form was relevant to the signing and "Yes" most title companies have already spoken to buyers and should know about who needs to attend. You need only confirm the players and make sure it gets executed according to the instructions/requirements. It is my opinion that title should have caught this and made sure clear instructions about who was to be present was given to you.

Yes, it is very much a part of the job to catch the things that may be overlooked. We must have the title company's back as sort of that last line of defense. However, to pass it off as a lender doc with no further instructions or no idea of what to tell you...is substandard. They are paid to know, if they did not know, they should have told you to hold on and call you back with an answer. Further, the signing service has a responsibility to have your back and make sure you get what you need. They were totally useless in this situation.

Good decision to turn it back....You can't do your job properly without the right tools which opens you up for liability. I would not risk my business reputation on this mess. They failed on several aspects.

Reply by Yoli/CA on 10/15/13 12:25pm
Msg #488200

Well said, JanelWI!! n/m

Reply by Notarysigner on 10/15/13 1:04pm
Msg #488210

Ditto agree n/m

Reply by Matt_VA on 10/15/13 12:41pm
Msg #488204

I, like all of us, has "saved" 100s of closings by going the extra mile with just this sort of experienced catch.
What do we get for it? Lucky for a thank you much less money or devotion.
Guess it's just the job, but it sure burns my XXX to get passed over for a lower fee that wouldn't catch these things and make the deal happen. How can that possibly be cost effective?

Reply by JanelWI on 10/15/13 2:16pm
Msg #488217

Ditto Matt!!

It's not that they don't want experienced agents, but they do want their cake and eat it too! So, they smugly and ever so egomaniacally think that our job is so easy that it is only worth $XX amount or less based on notarizations, faxes and pages printed. You notice how they totally exclude the fact that they are sending someone who has a pulse!

Because they are so arrogant, they think that they can teach the mechanics and that is all one would need (hence the 10 pages or more of blanket notary instructions complete with bottle, diapers, non-attended after hour numbers). Now, if the borrower was looking for a robot to show up at the door; they would have no problem and probably save quite a bit on their long distance phone bills.

We all know, and very good title companies and signing services know that this job requires much more than "just the mechanics". To allow us to charge a fee commensurate with our experience level and actual costs would be a very dangerous proposition when the overall economic climate has been leaning towards the opposite. Now, mix in the bottom feeding crooks and seemingly benign remoras that try to feed off of the industry... and we find ourselves fighting to justify our fees and our very existence every time we get a call.

When I started in this industry the first question was "Do you have loan or loan document signing experience?" the second or third question was about the notary commission. Now they put a brand on it and sell it and only want to know if you are a notary public because you can make $XXX,XXX a year on $XX! (ROTFL:-)

I see that FASS is doing a BOA required training session. One of the easiest loans to sign on the planet and they seem to think it requires training.....I obviously agree with Matt on cost effectiveness.... and I rest my case.

Reply by Luckydog on 10/15/13 3:03pm
Msg #488225

First off 202 pages is a HUGE package, not even large. The construction pages are not for you to notarize in all of my experience. They complete this afterwards, or on their end. It is our responsibility to call the person who is on your confirmation sheet, and it is their responsibility to let their spouses, realtor know when and where. That's it. You do not call the lender to make sure all parties show up, that is their job to inform. Once I got the package, I would have told them their is an additional print and time fee for the XXX large package. If they do not send a new confirmation, you do not accept it. That is fair. Also check to see if they snuck an appraisal in there, we do not print them, at least I do not. They get them emailed directly and no need to me to waste my $$ on giving them another one.

Reply by LKT/CA on 10/15/13 5:17pm
Msg #488241

<<<They said the package was medium size........I am turning this signing back due to this plus the large package for the fee I am getting.>>>

You cannot rely on their interpretation of "medium size". IMHO, it is your responsibility to quote a fee based on *your* fee schedule. That means if the scheduler uses vague terms like "small package" or "medium package" you are to decide what YOU consider "small" or "medium" and quote accordingly. You would tell the scheduler, "I consider a medium package to be XXX pages for which my fee is $XXX. Anything larger and the fee increases by $XX." This way, if the edoc file is larger, you can call back and renegotiate the fee.