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 Legal Issues
 $3000 Fine if Loan Closes Late
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edelske

New York
815 Posts

Posted - 03/04/2012 :  07:51:35 AM  Show Profile  Visit edelske's Homepage  Reply with Quote
Renee said:
Word of caution on changing language in a contract, Linda - most of them include verbiage that prohibits & thereby invalidates any hand-written changes.

Let's chew on this bone a bit more just for the fun of it.

How about if you redact (line thru and initial - thus erasing) the section that prohibits hand-written changes? Thus, your "counteroffer" to the original contract now permits changes?


Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com
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LindaH

Florida
1754 Posts

Posted - 03/04/2012 :  06:27:42 AM  Show Profile  Reply with Quote
Agreed Renee - if they tell me no changes allowed to their contracts then I don't sign them.

Haven't signed one in years...but I'll be da**ed if I'd agree to this provision

Linda
http://www.columbiacountynotary.webs.com
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Renee

Michigan
549 Posts

Posted - 03/04/2012 :  05:58:34 AM  Show Profile  Visit Renee's Homepage  Reply with Quote
Word of caution on changing language in a contract, Linda - most of them include verbiage that prohibits & thereby invalidates any hand-written changes.

I almost never sign any contracts ("never" is ALWAYS too big a word!) I'm particularly irked if the contract is long, complicated & mired with legaleze. I'm fairly comfortable reading such *stuff*, but will pitch it in a heartbeat if I find ONE questionable statement. I'm not about to be paying some attorney to fine-comb through these things, nor am I about to agree to anything I find ambiguous.
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edelske

New York
815 Posts

Posted - 03/03/2012 :  4:43:08 PM  Show Profile  Visit edelske's Homepage  Reply with Quote
Linda said:
I, personally, would line through that language and initial..

I'll see your "line through" and raise you (meaning the sign up contract) a trip to the shredder.

ANY entity that asks me to sign such an absurd commitment goes on my "duds list".

Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com
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LindaH

Florida
1754 Posts

Posted - 03/01/2012 :  09:30:48 AM  Show Profile  Reply with Quote
quote:
Originally posted by apaloosa

I recently did an enrollment package for a signing company that stated if the loan closed late due to my error I would have to pay the $3000.00 late fee.

I had not heard this before. Would the E&O insurance pay this?

Apaloosa



What $3,000 late fee? There's no $3,000 late fee for a loan that closes late. Costs incurred - possibly...I suppose if it was your error where borrowers lost their rate or incurred additional interest charges, it's possible the company and borrowers could look to you for reimbursement...IF it was due to your error.

No, your E&O, if it's standard E&O, would not cover it - that covers notarial errors only - not signing agent error. If you have Signing Agent E&O, I'd suggest you read your policy to see if it's covered.

I, personally, would line through that language and initial...I would not agree to something like that. Too easy for SS to say "well, we sent docs on time...it's the notary's fault"..and you're on the hook for $3k...wow..nice trick.

JMO



Linda
http://www.columbiacountynotary.webs.com

Edited by - LindaH on 03/01/2012 09:31:58 AM
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apaloosa

54 Posts

Posted - 03/01/2012 :  07:24:33 AM  Show Profile  Visit apaloosa's Homepage  Reply with Quote
I recently did an enrollment package for a signing company that stated if the loan closed late due to my error I would have to pay the $3000.00 late fee.

I had not heard this before. Would the E&O insurance pay this?

Apaloosa
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