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T O P I C R E V I E W |
sailing |
Posted - 03/31/2008 : 10:06:41 AM  What's the rule about contacting the agencies who contracted with the non-paying signing company? If those contracting agencies were notified, maybe they would not use that particular signing company again. The signing companies would either go out of business or clean up their act.
Diane J. Elliott |
5 L A T E S T R E P L I E S (Newest First) |
Lee-AR |
Posted - 04/04/2008 : 06:12:26 AM No, I really don't think the Lender even knows about this cute trick on a title doc. And because the TC backpedals real quick when it becomes an issue, they know it's illegal, but it gets them out of paying for your work if you're dumb enough to believe them. |
Renee |
Posted - 04/04/2008 : 04:01:10 AM I sure do agree, Lee, regarding that document. I think it's a veiled scare tactic against the borrower, and I REALLY have to wonder about lender's buy-in on it, (baffled - do you think the lenders even KNOW about this?) since to my own eyes I think this attempt to work-around Reg Z might not fly.
I don't participate either, Lee - same as you. |
Lee-AR |
Posted - 03/31/2008 : 1:44:32 PM After an unreasonable amount of time & no payment, yes, I'd call TC or even Lender--they really do need to know that the co. they've hired is not paying. But don't ever turn to the B even if they have signed a 'written agreement'. I am aware of only 1, but there may be more, TC that routinely sticks a paper in the package stating that the B agrees to pay the Notary if they (B) cancel or rescind. This paper is worthless as it is not sufficient to meet contractual law. After one go-'round with this particular TC on a rescinded loan, they paid me, continue to call me and I routinely have the B's put a single line thru that paragraph (that's all it is---one little paragraph) write "Refused" and initial it.
Disclaimer: Not an attorney, just asked one about this "B agrees" paragraph. Attorney referred to it as a 'weasel clause'.
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LindaH |
Posted - 03/31/2008 : 10:38:20 AM Don't know if there's any written "rule" about this, but my personal practice is if I can't make any headway in getting the SS to pay I will turn to the title company for help. If nothing else you either get the TC to pay you or you can get proof from them that they paid the SS and then, at the same time you're putting the bug in TC's ear that their SS isn't paying people..proof of payment is useful in proving that the non-paying company has been paid.
Only had to use that method twice - the first was for an overdue fee for a RESPA signing - no title company involved yet - so when the bill hit 60 days I called the mortgage loan officer who used this particular service for all his RESPA's...he was really nice, told me to give it a couple days and if I didn't have a check then get back to him and he'd see what he could do...coincidentally I got a check two days later!!
The second one - and you're gonna love this - was a title company that wouldn't pay me!! Kept telling me my check had gone out...I finally got tired of hearing that story and called the state regulatory commission about them - got my check two days later!!
The only true unwritten "rule" in this is do NOT turn to the borrowers. As far as they're concerned all their fees have been paid (which they have been - your fee is wrapped somewhere in the fees on the HUD)..unless the borrower has signed a written agreement to pay you if the deal falls through, don't go there..
Good Luck!!
Linda www.notarydepot.com/notary/lindah http://www.notary.net/websites/LindaHubbell
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dfye@mcttelecom.com |
Posted - 03/31/2008 : 10:37:45 AM I wish that was the case with SOX a/k/a Signatures Plus. Notaries have called anyone and everyone on their non-payment issues since 2005 and they still are in business. How is that? I asked once before in this forum, what does SOX have on everyone that keeps them in business?
As you can apparently see, contacting the contracting agencies does not always work.
Legal Eagle Para Professional Services |
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