Posted by mmk on 9/4/13 10:43am
Msg #483135

Who is responsible to get ID when borrowers don't bring it?

You ask them to have a copy and they don't have it... and new printer is not set up yet. Earlier posts advise not to use our phones for pictures to email. Why is this an issue?

I have been on the phone trying to get ID's faxed to TC. I will help out to get it done, but is it really my responsibility?

Reply by Sylvia_FL on 9/4/13 10:45am
Msg #483138

Let the borrowers know they need to fax their ID to Title otherwise their loan may be held up.

Reply by Ilene C. Seidel on 9/4/13 10:52am
Msg #483141

It's something that's usually asked of us at the closing table. I don't use my cell I use a little cheap point and shoot camera so if they forget or unable to accommodate I snap the pic and print off my computer, then erase it.

Reply by bagger on 9/4/13 11:03am
Msg #483146

I use my cell phone, and i still fail to see any

difference between taking a pic with my phone, taking a pic with my camera and taking a copy the borrowers made.
We still have a copy of their ID in our possession, unless we put the docs in the mailer, seal it and then HAVE THE BORROWERS drop it off.

Reply by Marian_in_CA on 9/4/13 11:15am
Msg #483151

If they didn't provide it...it's THEIR problem. I refuse to photograph an ID, for any reason or with any recordable device.

I do, however, carry a portable, analog copier with me for these situations. I will pull it out, set it up and have *THEM* make the copy by pushing the button.

I use the analog copier because it doesn't retain the image in any memory. I will not be responsible for having a copy of somebody's ID on me, for any reason, other than a copy they provide that goes back with the documents.

This is the copier I carry in my car: http://www.usa.canon.com/cusa/consumer/products/copiers_fax_machines/personal_copiers/pc170

Reply by bagger on 9/4/13 11:34am
Msg #483153

Marion, not to belabor this point, but...

What is the difference if YOU have a photocopy that the borrowers made, or a photo that you made?
You could always go home and copy their copy and do whatever nefarious act.
It doesn't matter who made the copy, it is how or if it was mis-used.

PS, I always say to the BO's " Do you mind if I take a picture? They (title and lender) will need a copy."

Reply by Marian_in_CA on 9/4/13 11:45am
Msg #483156

Re: Marion, not to belabor this point, but...

I don't *keep* the copy... it goes with loan documents. That's the difference. When you have a photograph, you have a digital version. Just deleting it doesn't mean it's gone.

When I ship the documents, it's gone. No chance I have a copy of it on my person once it's out of my hands.

Reply by Lee/AR on 9/4/13 11:56am
Msg #483160

Nothing prevents making a copy of the copy...

And no way to prove you didn't. Not that YOU would, just saying that anything is possible.

Reply by sigtogo/OR on 9/4/13 12:04pm
Msg #483161

unless borrowers are shipping you could keep a copy if you

choose to. Sorry to say, Marian, but all the steps you go through seem a bit needless and do not really assure the copy of ID will not be kept by you. Not saying you would of course, but you could.

this has been discussed numerous times and there are many differing opinions. I personally use a scan app that does not store anything once the scan is deleted. the app developer specifically says to be sure you are ready to delete because it is not stored anywhere.
I don't tell borrowers I can do this as I want them to be prepared but as we all know some of them just don't follow instruction!!

Reply by bagger on 9/4/13 1:49pm
Msg #483183

Thank you sigtogo and Lee

Once you got that puppy in your hands, and something happens down the line, you are suspect.
And, point of law, you cannot disclaim liability.

Reply by sigtogo/OR on 9/4/13 11:56am
Msg #483159

I'm in complete agreement with you on this bagger!! n/m

Reply by HSH/WA on 9/4/13 12:21pm
Msg #483164

Re: If the BO ignores my request it's up

to him to scan/fax it back to his loan officer/title whatever they work out. I am the notary not the LO and am compensated accordingly.

Reply by MW/VA on 9/4/13 2:51pm
Msg #483189

I used to carry a small portable printer/scanner to cover

those occasional situations where they forget. I'm tired of lugging it in & out of the car. If they don't have it, I usually ask them to take a picture with their phone & email it to me. I'm not comfortable having people's ID's on my phone.
I think I need to try one of the scan apps that are available now. Either way, it will delay my shipping the pkg.
Most instructions say the borrower can fax their ID's to the tc if they don't have a copy available for us.

Reply by bagger on 9/4/13 3:08pm
Msg #483195

Re: I used to carry a small portable printer/scanner to cover

OK, so they take a pic and email it to you!!!
You still have the pic and can do whatever you want with it!
WTH How in the world does this free you up from doing anything illegal?

Reply by anotaryinva on 9/4/13 5:12pm
Msg #483212

The loan app in your possession

Or downloaded on your home computer, laptop or phone via email is much more worrisome. Most states have stopped using SS# has the drivers license #. How about these printers that have a memory?

Reply by bagger on 9/4/13 3:08pm
Msg #483197

Re: I used to carry a small portable printer/scanner to cover

OK, so they take a pic and email it to you!!!
You still have the pic and can do whatever you want with it!
WTH How in the world does this free you up from doing anything illegal?

Reply by MW/VA on 9/4/13 3:13pm
Msg #483199

Guess that's why I'm bgc, GLB complaint & insured! ;-) LOL n/m

Reply by MikeC/TX on 9/4/13 5:49pm
Msg #483218

The borrower is ultimately responsible - it's their loan, so they need to provide the required documentation.

As a service to borrowers who couldn't follow instructions, I used the same analog copier that Marian mentioned - a Canon PC170. It sat in my car trunk until I needed it; if they forgot to make a copy and had nothing to make a copy with (such as a fax machine or a scanner), I would just go out to the car and bring it in. I would never take photos of their IDs on my own camera, so this was an inexpensive solution to a fairly common problem.

Failing that, if the loan has a rescission period you can just instruct them to fax a copy of their ID to the TC or lender - you can help them out if possible, but it really is their problem.

Just a note on the PC170 - remember to take their original ID out of the copier before you pack it up and leave... It's easier to make that mistake than you might think. This I know from personal experience...

Reply by bfrank14 on 9/4/13 6:36pm
Msg #483221

Any type of digital copy scanned or with a camera is against the RESPA. They are really cracking down on keeping borrower's information safe. You are supposed to keep electronic copies of any loan docs are anything like it on your computer's. Notaries are being put under a microscope these days. I keep all my notary stuff under lock and key including any loan docs for appointments for the week. We are being told that we are being held to the same standards as an escrow officers.

Reply by MikeC/TX on 9/4/13 7:09pm
Msg #483228

"Any type of digital copy scanned or with a camera is against the RESPA."

I'm not sure whether that's true or not, but if you go back and read my message, you'll see I was talking about an ANALOG copier - there are no copies retained by the copier, it just makes a copy and forgets about it.