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11789
California
28 Posts |
 Posted - 09/24/2009 : 08:13:13 AM
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…….As Lisa explained.,”terms of service …”. They are all different for sure. I will not work for them if I disagree with the “hand holding terms” period.
I’ve found that SS that handle jumbo loans (over $600,000.00) usually don’t have those. I work for three regularly that give you a name and a number, let you work out the time and date, then send you the docs on that date. Others, like SS handling Schwab account holders I often work for simply tell you to show up at a certain place, certain time and no borrower contact until then. I prefer to work for them ..They expect you to know what you’re doing and professionalism is the name of the game….the payments reflect that.
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gjk-fl
Florida
151 Posts |
Posted - 09/24/2009 : 07:41:21 AM
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Thanks Lisa. I was thinking it was a general agreement for notaries, but now realize it is an agreement generated by this one, particular company. It puzzles me how you can get a call for a signing from one company, they send you the confirmation, then the docs, you do the signing, send it back and get paid. Then others require all of these forms to be filled out for you to work for them. Maybe prior problems they've had, I'm not sure. Of course, I prefer to work for the former companies.
gjk |
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Lisa T.
California
391 Posts |
Posted - 09/23/2009 : 6:49:52 PM
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| gjk-fl: The Notary Liability List is a terms of service agreement created by U.S. Certified Signers, Sacramento, CA (a SS). It is emailed to the NSA along with the confirmation and loan docs. It must be signed and faxed back to USCS before the Notary receives their pay. Some agree with it and some do not. I've done a loan signing for USCS and did sign and fax the agreement back to them. This SS pays in 21 days or less - yes, even in this economy - and their terms state they pay full fee if the borrower exercises his/her right to cancel. |
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gjk-fl
Florida
151 Posts |
Posted - 08/29/2009 : 2:51:28 PM
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Would someone please explain what the notary liability list is and under what circumstances I or another notary sign it? I'm really not clear on this at all. I'd appreciate it. Thanks.
gjk |
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11789
California
28 Posts |
Posted - 08/28/2009 : 12:42:02 PM
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For all, I contacted the Secretary of State about this...to make a long story short, YOU HAVE TO BE PAID THE AMOUNT DUE UNLESS YOU ARE WORKING FOR A PUBLIC AGENCY (Signing the notary Liability list accomplishes just that!) then they can pay or NOT PAY YOU. I refused to sign it.
Everyone signing these type documents are putting themselves at risk. I will filE a compliant with the Secretary of State about this company for sure. |
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PWinFL
Florida
469 Posts |
Posted - 08/28/2009 : 05:06:21 AM
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Often, at least in my experience, signing service (and title company) fees for doing a 'closing' do not include fees specific for notarizing signatures. For example, a signing for $150 with two borrowers and 8 documents requiring both signatures w/notarizations, would be $160 just in possible notary fees (under CA law). That same signing, still at $150 with two borrowers, but only 5 documents requiring notarization (signed by only one signer, except for the DOT which would have two signatures) would be the same fee of $150 though the allowed notarial fee would only be $60. The fee is for the services performed, regardless of the amount of notarizations or notarial fees allowed. This would mean, and is often interpreted as such, that there is zero dollars allocated for "notarial fees".
Demanding payments under Section 6100 may prove futile. But there are other 'business' avenues available to the service provider. One such possibility may be "theft of services" or even "breach of contract". (This is not to be construed as legal advice. Contact an attorney to seek appropriate remedies and avenues for recovery.)
Never drive any faster than your guardian angel can fly.
I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.
Visit us online at http://www.PAWnotary.com |
Edited by - PWinFL on 08/28/2009 06:44:19 AM |
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11789
California
28 Posts |
Posted - 08/27/2009 : 8:05:43 PM
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Let me put this out for all to see...I posted earlier about a signing agency threatened to sue me for harassment for asking the Title company, "who could I contact about resolving the issue of non payment". There were two different Title companies involved as I did two signing for this one signing agency on the same day. It was late Friday went I received the call and the signings were scheduled for Saturday morning in a different city, San Francisco in fact. I HAD WORKED FOR this agency in past and did not agree with their policy and told them so. I WAS ASKED FOR A FAVOR BECAUSE THEY COULD NOT GET A NOTARY TO GO AND ONE OF THE BORROWERS WAS LEAVING ON VACATION THAT DAY!
Silly me! Anyway I felt obligated to help the borrower so did it against my better judgment.
The loans have closed, the Title companies have paid the signing agency and they won't pay me BECAUSE I REFUSE TO SIGN A NOTARY LIABILITY FORM THAT SAYS...I AGREE NOT TO BE PAID IF THERE ANY PROBLEMS WITH THE SIGNING DAHHHHHHHHH. THE LOANS CLOSED!
What get's me is.....THE BORROWERS have offered to pay me but I want the signing agency to pay me! |
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11789
California
28 Posts |
Posted - 08/27/2009 : 6:49:40 PM
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Thanks for the caution...ofcourse I'm not an attorney but, call it what you want, I notarized nine signitures. from what I have read it doesn't distinguish between what it is called verses what is being done, if you follow me. I want to use this as my HAMMER for small claims court if it gets that far.
quote:
Originally posted by PWinFL
Be very careful here, James. The contracted price (for a loan signing) probably was not specific for notarial duties. IMO, unless the fee specifically calls out a notary fee, I don't think that section 6100 would help. Of course, that's just my personal opinion. You may need to seek a CA legal opinion.
Never drive any faster than your guardian angel can fly.
I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.
Visit us online at http://www.PAWnotary.com
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PWinFL
Florida
469 Posts |
Posted - 08/27/2009 : 6:14:26 PM
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Be very careful here, James. The contracted price (for a loan signing) probably was not specific for notarial duties. IMO, unless the fee specifically calls out a notary fee, I don't think that section 6100 would help. Of course, that's just my personal opinion. You may need to seek a CA legal opinion.
Never drive any faster than your guardian angel can fly.
I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.
Visit us online at http://www.PAWnotary.com |
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11789
California
28 Posts |
Posted - 08/27/2009 : 5:57:18 PM
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| Oooh Yeaaa Thank you very much. Everyone should know this so when they are dealing with a signing agency they can show it. I'm surprised these agencies don't know this. |
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PWinFL
Florida
469 Posts |
Posted - 08/27/2009 : 3:22:55 PM
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CA Gov't Code § 6100. quote:
Performance of services; officers; notaries public
Officers of the state, or of a county or judicial district, shall not perform any official services
unless upon the payment of the fees prescribed by law for the performance of the services,
except as provided in this chapter.
This section shall not be construed to prohibit any notary public, except a notary public
whose fees are required by law to be remitted to the state or any other public agency, from
performing notarial services without charging a fee.
Does this answer your question?
Never drive any faster than your guardian angel can fly.
I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.
Visit us online at http://www.PAWnotary.com |
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11789
California
28 Posts |
Posted - 08/27/2009 : 1:47:17 PM
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Is anyone aware of a law/code that states, "..If a Notary performs a notarization, the Notary must be paid"?
I was inform there was such but I can't locate it. If you know of such (for California) please let us know/where thanks. |
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