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PWinFL

Florida
469 Posts

Posted - 11/18/2009 :  07:55:01 AM  Show Profile  Visit PWinFL's Homepage  Reply with Quote
I agree with Vince, Copperhead and others. I simply present the document to the borrowers and tell them what the TC/Lender is requesting. It is the borrower's decision, not mine, whether or not to sign and return, or actually wait until the rescission period expires and return. If it's the latter, I do as Vince does, they can write a brief reason on the form or on a separate page (I use my "Refusal to Sign" form) and attach it to the form.


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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.


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Edited by - PWinFL on 11/18/2009 10:06:18 AM
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vince

Kansas
324 Posts

Posted - 11/18/2009 :  07:19:42 AM  Show Profile  Visit vince's Homepage  Reply with Quote
I cannot help but wonder if they would be more or less upset if they signed and dated the "non-rescission agreement" with the same actual date as the RTC

When a borrower does not want to sign and post-date the form, I request that that they indicate why either on the form or attached post-a-note. For instance, they might write something like: "wating for RTC period to be over - will send in upon request" and initial it. The borrower has copy(ies) in the package. It is the borrowers decision. If the company then needs the form, it can be faxed or mailed by the borrower.
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CopperheadVA

Virginia
420 Posts

Posted - 11/18/2009 :  04:24:53 AM  Show Profile  Reply with Quote
IMHO, signing this form is up to the borrowers. I've found that the title companies usually prefer that we get the form signed and have the borrowers postdate it to the day after the RTC expires. IMHO this negates the purpose of the form and I personally would never sign and postdate my own form, but I will present the TC's request to the borrowers and give them the choice to do that or to be responsible for signing and returning doc to the TC on the day after RTC expires. I will put a note in the package that borrower chose not to sign form and will return it after RTC expires. I even put that in my closing notes when I e-mail the completion report.

I have found that most borrowers don't want to be bothered with sending the form back and they sign and postdate the form. However, I would never insist that a borrower sign it - I feel it must be the borrower's choice.

CopperheadVA

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n/a

Alabama
1 Posts

Posted - 11/17/2009 :  8:45:36 PM  Show Profile  Reply with Quote
I completed a signing for Nations Closers and did not get the form signed which indicated the rescission period had passed and the borrowers had elected not to rescind. They were very irate that I did not get this doc signed, but I think it is an attempt to take away their 3-day right to cancel. What are your thoughts on getting this form signed?
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