Wow . . . what a good heads up! I will definately keep a mental note of that company. Good thing you had your eyes dotted and t's crossed. Even as an LLC she still can be sued, the key will be how much. Not sure why people think that having an LLC means that you can do whatever you like. LLC literally means "Limited Liability Co." not "No Liability Co."
Michigan is a dower state, so I know automatically know the spouse needs to sign, however, when the docs don't specify it I always call and ask prior to closing how they want me to handle it. If they say don't let her sign, I document who told me this, please when they call me to go back, which they ALWAYS do, they will be paying me my full fee plus a resign fee. While we should not have to do this, and just having them sign it without permission/direction could constitute giving legal advice, companies don't always treat us like we are unbias witnesses.
A good example of this is paying less then the agreed fee for no signs or recinds. If we technically have no financial intresest in the transaction, then we should be paid the same fee no matter what. It almost puts pressure on you to get them to sign if you want to get paid your full fee. Something to think about . .
Anyhow sorry John for your experience, I sincerely hope notaries read your post and think twice about doing business with American Real Estate Services. |
