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Loan officer choosing her favorite notary

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T O P I C R E V I E W
esnotary	Posted - 08/23/2012 : 2:59:49 PM I live in a small, rural town and have done the closings for a local Branch for years. Last year, the LO retired and the new LO would always make comments to me like "must be nice to have such nice clothes" or "must be nice to be able to buy a brand new car". After dealing with her last minute closings for 10 months or so, we had an incident at the Branch where she was incredibly unprofessional to me in front of clients. I called her afterwards and tried to calm the waters,so to speak, because even though she was difficult to deal with I didn't want to lose the business. (I did 3-4 closings a month for her) Well, she started to use another notary, and quite frankly I didn't mind too much because she had always called last minute (like an hour or so before she wanted the closing done) and I am very busy throughout the County with other title companies. This last week, however, she crossed the line when I was booked through a national title company to accomodate 2 of her loans. Both times, the loan was assigned to me, I contacted the borrowers and received the docs. Then, when she found out I was to be the notary the title company called me and cancelled the loan, saying that the LO wanted to use a specific notary. I have never made a mistake on the loan docs for that Branch! I have always been professional and the borrowers love me! Has anyone out there ever experienced anything like this and what can I do? I am awaiting a return call from the Branch Manager, and my husband and I have a lot of money in that local bank. We are going to withdraw our funds and move to the bank next door, but I'm wondering if there is a legal avenue to stop this woman from taking my business away? Any help would be greatly appreciated. Thank you!
12 L A T E S T R E P L I E S (Newest First)
esnotary	Posted - 03/30/2013 : 8:11:23 PM I received a call from my attorney letting me know that an attorney from Chase Bank had finally returned his call. He wasn't aware that the loan officer was taking me off of loans that I had already contracted with Title....a total violation of the law. He said he would speak to the LO, and this would never happen again. I can't decide whether to pray she's stupid enough to continue her behavior so we can slam them in court, take her to small claims for the loss I've already suffered, or just hope that she'll value her job and get over her petty, vindictive attitude and let me do my job. At the end of the day I hope it's option 3 (I'm out a few thousand, but don't know if that's worth my time and stress to litigate) and again, I'll keep you all posted!
Sue	Posted - 03/23/2013 : 06:52:40 AM I'm not in California, but I've heard of a law like that elsewhere. I'm glad you sought a lawyer. I would believe that if she took you off the signing, someone else knows about it. It could be her best friend, who maybe is the worst gossip in the county. Nobody who is vindictive does things without getting "moral" support for what they are planning. Make sure the other notary is not related to her. If you can afford it, ask the lawyer about a detective. Ok, that's too much. Most people don't have the money even for a lawyer. I have had my work in another field sabotaged by an employee. Three people told me about it, and one could prove it.
Lee-AR	Posted - 03/20/2013 : 3:24:44 PM Well, now, that is interesting news. Keep us posted as this continues. If you don't value your time and experience, nobody else will.
esnotary	Posted - 03/20/2013 : 2:35:10 PM Update: The legal battle is heating up, as there is a specific tort in CA regarding interfering with someone's business for personal reasons. Now just to be clear, the loan has already been assigned to me and I have a "contract" with the title company and have spoken with the borrowers when the LO calls and has me taken off the loan. Not to toot my own horn, but I am the "go-to" mobile notary for the rural counties we live in and have the reputation of being the most knowledgeable and professional in this business. (there are only 3 other mobile notaries in these counties, and they all have other jobs and usually refer me!) Apparently although the LO states she wants to use a "Chase Preferred Notary" it turns out it is anyone BUT me. According to my lawyer it is illegal for her to call the title company and have me taken off the loan as it has nothing to do with my capabilities and everything to do with the fact that this woman (ahhh...hate to say it but is jealous...know that sounds awful but it's true!) of me. Anyway, I'm hoping that other notaries that have had this problem may find they have some legal recourse. This is not saying that the LO cannot request a specific notary up front, but only in the case when they pull you off the loan AFTER it's already been assigned by title. Meanwhile, I'm doing 3 Chase loans at the end of the week that didn't originate from the local branch. So much for "preferred notary"!
esnotary	Posted - 10/09/2012 : 5:04:13 PM Interesting news on this situation: The LO tried to take a loan away from me on Monday 10/8 that I was assigned on Friday 10/5 and had already confirmed with the borrowers. The borrowers were upset and told the LO they wanted me as their notary! Furious, I called my attorney just to see what he had to say, and he says that here in CA there is a law about tampering with someones business affairs for personal reasons! We are sending a letter to Chase at the end of the week...take THAT Ms. Loan Officer!
esnotary	Posted - 08/27/2012 : 08:24:52 AM Yes, fortunately I've had an excellent working relationship with them for years. When they called to let me know that the closing was now going to be assigned to someone else she was very apologetic. She said unfortunately she sees that a lot with this particular bank. I'm just praying that my work ethic will still be rewarded despite this woman's attempt to undermine me! Thanks again!
LindaH	Posted - 08/26/2012 : 4:19:51 PM If you have a history of error-free signings with this title company, I'd solicit the title company directly for all their other work - the TC is aware of your work, is apparently happy with it as they haven't argued about using you, so solicit them for all their other work. JMO Linda http://www.columbiacountynotary.webs.com
esnotary	Posted - 08/26/2012 : 11:21:53 AM Thanks for all of your input! I think it is a personal issue, and that's what has me so frustraated. I accepted the fact that she moved on to another notary for the past 11 months, but I felt she crossed the line when she actually called the title company and had me taken off the job (even though I had already established contact with the borrowers and printed their documents!) because of her personal vendetta. I have always handled the situation with a professional attitude and worked very hard for the last 10 years to build my business to where it is today. Unfortunately, it would be difficult to prove any sort of defamation, so I'm going to take all of your advice and just walk away. My husband and I did decide take our banking business elsewhere, however, because we don't feel comfortable with having our personal financial business in the hands of a vindictive and unprofessional person like her, nor do I feel comfortable going into the branch anymore. Thanks again all!
22806	Posted - 08/26/2012 : 08:42:00 AM Do not waste your time communicating with this L/O especially with the volume of signings you have indicated. Think about how you can make better use of that time. I agree with JMO on this as it sounds personal rather than business RAP RAP
LindaH	Posted - 08/26/2012 : 07:06:22 AM Unless she's done or said something to publicly demean you, I'm not sure what recourse you'd have. It's the business - it's competition. They have the right to use whoever they want. Maybe it left questions in the borrowers' minds - maybe it didn't - maybe the borrowers just shrugged an said "okay" and that was it. If you're closing 35-40 loans a month, I wouldn't belabor the point - UNLESS, as I said, this LO has done something to damage your reputation and cause you future income - in which case that's a whole different issue - and you'd better have proof...more than just "they decided to use their favorite notary". Again, it's business - YOU are making it more personal than it should be ("my husband and I have a lot of money in that local bank. We are going to withdraw our funds and move to the bank next door"). It sounds to me like you two have a personal problem with each other, so maybe this is for the best? JMO Linda http://www.columbiacountynotary.webs.com
esnotary	Posted - 08/25/2012 : 6:13:37 PM Well, I care because this is a very small town, and I feel that her action of "removing" me from a signing when I had already contacted the borrowers and received their loan docs might leave the borrowers themselves questioning my competence! What do you suppose went through the borrowers minds when I had already spoken to them and confimed the appointment, only to be called by the loan officer and told that she will be using a different notary? Fortunately, I am very busy closing an average of 35-40 loans a month, and I don't miss her closings one bit! I was concerned that my reputation would be tarnished in the community if this behavior of hers keeps up. (I mean the pulling of loans once they've been assigned) I am seeking an attorney's advice on this. Thanks for the post however, Lee
Lee-AR	Posted - 08/25/2012 : 12:28:23 PM Yes, I've had similar happen and there really is no way you can fix this situation unless you can make that LO happy with you. (Doesn't sound like you can as she sounds jealous/hostile.) Rank does have its' privileges and we are the bottom of the food chain--that won't change. The flip side of this is to make friends with LOTS of local LOs who will make you their go to person...and you won't need this one. Frankly, with all last minute stuff--why do you care? If you don't value your time and experience, nobody else will.