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 Re: Can a mortgage company do this?
Posted by  PAW Notary Services on 4/20/04 8:30pm

My first question is whether or not you would be an employee of the mortgage company? If not, what does your contract with them state about information sharing and liability? Typically, as a signing agent, you would not have the proper authority to discuss any provisional information provided by the lender to the borrower. Doing so may be construed as UPL.

If you are an employee or agent with a much more robust and provisional contract to share information, act on the lenders behalf and have knowledge of the loan, and finally, be shielded of liability by the lender, then you could certainly "sell the loan".

I am really miffed by your stating that you've been "asked to sign a contract with a very well known company", but then say, "I am not to call the lender". Am I understanding that the company hiring you to "sell the loan" is not the lender? Not even a correspondent lender? This sounds hinky to me. I would never try to act on the lender's behalf without the lenders specific direction and knowledge.
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