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LindaH
Florida
1754 Posts |
 Posted - 08/28/2009 : 08:35:02 AM
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quote:
Originally posted by Michael 3
I recently got stiffed from a signing company when the borrower canceled the loan. I did my job, I traveled to the borrower's home-45mins to get there, closed the loan, sent back the package and should have been paid. They just refused to pay. So, the next loan that I close for them I might send back C.O.D. for the amount of the fee for the loan I just closed and the one that they owe me for. Has anyone tried this?
Well, now that you've posted this on a public forum, what do you think the chances are they're going to call you again? Companies monitor these boards...
Honestly, I think you'd be wrong to take this approach. As frustrating as it is not to be paid, sending docs back C.O.D. is equivalent to holding them hostage - and for payment on another totally unrelated file. I, personally, think it's the wrong approach.
In the future, you need to get it agreed to up front what your expectations are in the case of a no-sign or rescission. At least you then have an enforceable agreement. Without that you're subject to THEIR payment policies.
Sending the NEXT set of docs back C.O.D. to "get even" for actions on another file?....no....I wouldn't do it...I'd use all other legal remedies available to me but would not do that.
MHO
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
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Michael 3
Pennsylvania
4 Posts |
Posted - 08/28/2009 : 07:56:41 AM
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I recently got stiffed from a signing company when the borrower canceled the loan. I did my job, I traveled to the borrower's home-45mins to get there, closed the loan, sent back the package and should have been paid. They just refused to pay. So, the next loan that I close for them I might send back C.O.D. for the amount of the fee for the loan I just closed and the one that they owe me for. Has anyone tried this?
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edelske
New York
815 Posts |
Posted - 04/21/2009 : 7:55:16 PM
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I take a more aggressive approach to getting paid. The idea is to create a situation where paying me is less expensive than not paying me. I have a "magic jack" so faxing is free to me so are long distance calls - totally free. As a LAST resort I send my invoice and ALL the related paperwork, by fax, several times a day. I know, it can be viewed a harassment - fine with me - lets talk in court. I also call several times a day. The idea is to become such a PEST - they pay to be rid of me. Is it right - certainly NOT, is it legal? Probably NOT. But, frankly at some point it's fight fire with fire - and it HAS worked for me.
I no longer get into this situation by filtering what I accept using the tools here on 123notary. I also INSIST on prepayment when the other party does not seem reputable.
Do I advise you to do what I do/did - NO - I can't suggest you take such action as it is probably criminal. But such activities have worked for me - it takes a lot of effort. But, I considered it as a "sport" and was determined to get paid - or go to jail trying. Let me repeat - the tactic is harassment - a crime, but so is not paying me when I earned the money. Legal channels for small sums are a joke, they usually do nothing at all. My tactic is to cost them money and block their facilities - to cost them more than they owe me. It is wrong and someday may catch up with me. Please don't flame me about being a "bad boy" - I know the risks but have been lucky and only received the reward of my overdue check. Each must choose their own path. Let me repeat - I am NOT NOT NOT suggesting this is something you should do. I am saying this is a tactic I have rarely used - but have had a high success rate when applied with determination.
Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com |
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jbelmont
California
3106 Posts |
Posted - 01/08/2009 : 10:54:29 PM
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Please visit 123notary's resource page to find a link to a page that teaches you everything you need to know about getting paid.
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CopperheadVA
Virginia
420 Posts |
Posted - 01/07/2009 : 09:15:33 AM
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I have also had good luck with the NC Secretary of State when a NC title company stiffed me and many others. They were also several years behind on filing their annual report, which assisted with the NC SOS taking an interest. I guess NC takes these things seriously!
Linda's advise is spot on, and here's something I can add to what she said. In case the TC is not as *helpful* as you would like with contacting the SS (their subcontractor) to assist with securing your payment, this is what I did just last month and it worked like a charm:
I e-mailed the TC recapping our phone conversation (thanked TC for taking the time to speak with me on XX day about the <Borrower Name> file; listed file #, loan # and date of closing; confirmed that loan funded, SS was paid, etc), and asked for a copy of the canceled check that was paid to SS for my file. I stated that this "will assist me greatly with my collection efforts against XXX (SS)". Then I cc'd the SS on the e-mail. Within 30 minutes I had an angry e-mail from SS that admonished me to NEVER contact his clients again and that obviously our business relationship was over. I had a promise of payment and I did receive it the following week. Mission accomplished.
CopperheadVA
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Edited by - CopperheadVA on 01/07/2009 09:44:35 AM |
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LindaH
Florida
1754 Posts |
Posted - 01/07/2009 : 08:37:32 AM
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Linda:
I know I've posted this many times before so I apologize in advance to those who've read it over and over...
First, confirm your loan closed - check the recorder's office to be sure your security instrument recorded - you don't want to raise a stink and be told "hey, we had to send someone else out so we're not paying you"...
Is that a signing service? (if memory serves me I think it is but I could be mistaken) If so, contact the title company involved in the loan - get them involved in helping you collect. The last thing SS's want to hear is that you've complained to their clients about their payment practices as this jeopardizes their client base. If title says they can't help you, the least they can do is give you a copy of the canceled check showing they paid the SS - when you get that, draft a small claims complaint if allowed in your state and fax it to them.
If this is a title company, lodge a complaint with the state agency that regulates title companies in the TC's state - you'll have to do some research to find out what agency that is but the information is there for the finding.
Above all, no matter who you file your complaint with, keep it factual and to the point. They don't want to hear suppositions and personal attacks - facts will get you everywhere..
I will tell you that I had to file a complaint with the NC Insurance Department against a title company who wouldn't cooperate in giving me information (TC located in MD but governing agency was the state where the property was located) - the NC Insurance Department was wonderful - they got right on it and I got paid.
Good Luck!!
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
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Edited by - LindaH on 01/07/2009 08:41:10 AM |
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n/a
Virginia
1 Posts |
Posted - 01/07/2009 : 05:20:00 AM
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I know, I have a company in North Carolina that hasn't paid me for a signing in Oct. I have threatened ,called. I even called the Lender and they said there was nothing they could do. I just want my pay. Don't work for Ultimate signings.
Linda
Linda Andrews |
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Renee
Michigan
549 Posts |
Posted - 06/03/2008 : 03:49:31 AM
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quote:
Originally posted by vaubas
Is there a credit company that can handle these cases?
Valencia Aubas
YES, there IS Dunn & Bradstreet (D&B, as it's often called). D&B is the leading credit reporting bureau for business entities - businesses have credit scores and credit reports just like individuals do, and that information is used the same way by a business's creditors and clients.
For example - Any sizable SS is going to have business charge cards, possibly business loans past/future, and is a vendor to title companies and/or lenders. The SS business has a credit report AND a credit score - the report and score reflect the obvious payment histories that are reported to the bureau, just like your individual credit report/score from the 'individual' reporting bureaus.
YOU are a business and YOU are also able to REPORT the payment history of those you do business with! Both positive and negative payment histories have a direct impact upon the CREDIT SCORE of the business you report.
The POWER to do this is in your hands - and costs NOTHING! All you need to do is register your business with D&B, and register for the "Trade Exchange" (ability to report payment histories). You will of course be confirmed as a business and as a verified Trade Exchange participant. This is FREE - and comes with some powerful perks, including D&B stickers to place on your invoices (letting the client know you report - for 'motivational' purposes) and one free business credit report per month.
Additionally - D&B offers collection services ranging from VERY affordable ($25 flat fee for one collection letter AND includes a "collections" account filed on the debtor's credit report!) to some more aggressive and more costly services.
I've harped about this many times, and am just so puzzled as to why we - as an industry - are not USING the power we have here!
There is a saying - 'the definition of mental illness is repeating the same behaviors over and over, and expecting something different to happen.' How many complaints have been filed w/the BBB against the notorious SOX? Has it WORKED? How many YEARS has that game been going on??
Imagine what their credit score would look like if all those complaints had been placed instead on their credit report ...
I think we - being most of the time just one person, sole-proprietors - don't always take the "I am a BUSINESS" perspective. We are businesses, we need to ACT like businesses and do the things businesses do.  |
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NotarySharon
Missouri
26 Posts |
Posted - 06/02/2008 : 10:20:45 AM
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The answer from J Belmont below has a letter as item #9, which I tried and modified, and have to say it worked VERY well on four very delinquent non-pays.
Sharon Hopkins |
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jbelmont
California
3106 Posts |
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n/a
North Carolina
3 Posts |
Posted - 05/30/2008 : 07:50:10 AM
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How can notaries get payment from a company that doesn't want to pay? Is there any legal steps we must take? Is there a credit company that can handle these cases?
Something has got to give!!!
Valencia Aubas |
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