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bonbonely
Georgia
3 Posts |
 Posted - 11/26/2014 : 10:52:23 AM
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I did some kind of weird signing where they were supposedly helping this lady recover some lost money, when I arrived she said no way she was signing that, I didn't blame her one bit, it was really pretty ridiculous. But they did pay me in full, and I don't see why they shouldn't have, I did what I was supposed to do.
Bonnie L Ely |
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mapsypam
North Carolina
42 Posts |
Posted - 12/17/2012 : 4:09:51 PM
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I usually go with what feels fair. How much time I have invested in the job is a BIG factor. Most of the time if you really feel like you deserve more than the partial payment the company will work with you. For example, I went to a signing last week which had already been rescheduled once, then the paperwork was wrong, but they took 1 hour on the phone to decide that it was wrong. I called the company and told them the title company held me hostage for 1 hour and I feel that I deserve full payment for my time, considering I could have finished signing EVERYTHING in less than 45 minutes. They said fine and paid me the full fee. This morning, I had a signing and the paperwork was wrong-I was back at my house in 25 minutes and felt that a partial payment was fine. To tell you the truth I don't keep up with every company's policy on partial payments or non-signed trips. I usually ask as I go and feel that the great companies I work for always work with me. I do think its VERY important to let a company know anytime you feel you have been over OR under paid. I keep detailed records and know what is coming down to the penny. If you want companies to trust you then you need to be 100% honest all the time. Even if its not in your favor. You should do that in life also.. in my opinion.
Pamela Philyaw |
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middleVT
Afghanistan
38 Posts |
Posted - 12/08/2012 : 05:50:15 AM
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What would be fair? In my state, a reduction of the state specified notarization fees, $0.50 per certificate under seal. I would think that for the $3 or so reduction this would lead to, it would not be worth the hiring party's time to read an email from me offering the fee change.
<i>middleVT</i> |
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Renee
Michigan
549 Posts |
Posted - 12/07/2012 : 04:14:04 AM
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Joan - I've not been able to find the Ameriquest ruling you cite, can you link to it?
The opinion that a notary does have a direct financial interest (i.e. conflict of interest) that is somehow negated as long as their fee is actually paid has never made sense to me. Either a contracted notary DOES have an interest (and therefore should not be involved in loan signings) or they don't - and whether payment is actually tendered would not affect that interest. Again, if you can link to the cited case I would be very interested in reading it. The only reference I could find was in the comment section of someone's 'mtg fraud' blog.
As for a mortgage being avoided because the contracted notary didn't receive payment - do you have any law or court case to cite verifying that potential? If it is duly notarized and consequently recorded, the idea that a lack of payment to the notary would/has negated the validity of the lien is, IMO, quite a stretch to imagine.
As for our own State's laws ... they seem clear to me:
(7) A notary public shall not perform any notarial act in connection with a transaction if the notary public has a conflict of interest. As used in this subsection, "conflict of interest" means either or both of the following:
(a) The notary public has a direct financial or beneficial interest, other than the notary public fee, in the transaction.
(b) The notary public is named, individually, as a grantor, grantee, mortgagor, mortgagee, trustor, trustee,
beneficiary, vendor, vendee, lessor, or lessee or as a party in some other capacity to the transaction.
(8) A notary public shall not perform a notarial act for a spouse, lineal ancestor, lineal descendant, or sibling including in-laws, steps, or half-relatives.
(9) A notary public who is a stockholder, director, officer, or employee of a bank or other corporation may
take the acknowledgment of a party to a record executed to or by the corporation, or to administer an oath to
any other stockholder, director, officer, employee, or agent of the corporation. A notary public shall not take the acknowledgment of a record by or to a bank or other corporation of which he or she is a stockholder, director, officer, or employee, under circumstances where the notary public is named as a party to the record, either individually or as a representative of the bank or other corporation and the notary public is individually a party to the record.
(10) For purposes of subsection (7), a notary public has no direct financial or beneficial interest in a transaction where the notary public acts in the capacity of an agent, employee, insurer, attorney, escrow, or lender for a person having a direct financial or beneficial interest in the transaction. |
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joannieh
Michigan
40 Posts |
Posted - 12/06/2012 : 09:12:31 AM
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The issue most notaries overlook is the law of their state and court orders that define those laws.
In most, if not all states, notaries MAY NOT have a FINANCIAL interest in the transaction. Orange County California Court ruled in Ameriquest v. several notaries in the State of California. "If for any reason a notary would not receive their FULL fee a financial interest exists." Therefore, We must be paid our full fee or we and the signing company, the title company and the lender are in violation of law.
Follow that ruling and the law further, Any document notarized would now be void. Like the Mortgage or Deed of Trust. Just think about the gold mine for Attorney's fighting foreclosure proceeding for their clients. Wouldn't they love to know that even one notary was denied their full fee for ANY REASON. Then ALL mortgages for that lender or title company could be suspect. Surely the mortgage would be void if the notary witnessing the mortgage is not paid their full fee.
And, think of the notaries who were stiffed when the mortgage marked took the great dive. If they kept track of the properties securing the mortgages benefited by the work they were not paid for. Then, they could contact the owner and their attorney to assist their retention fo the property. Unlikely, but it could happen.
The rule of thumb is: A notary may at their option "foregive" a fee or portion there of, like a gift.
However, it may not be practice or policy of a signing company or title company or lender that a notary would receive partial fee.
It amazes me how many notaries do not keep up on the laws of their state. And, it's not just the notary rules we need to keep track of. I would bet that not 5 percent of the notaries nationwide even know about the California ruling or that this issue of discounted fees is related to "financial interest". ie: by accepting reduced fees you are breaking the law.
Joannie |
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pdl lady
California
38 Posts |
Posted - 12/01/2012 : 8:52:49 PM
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yes that happend to me, I only did a partial signing, the rest of the docs were not ready, the borrower finished the signing at her credit union the next day. I was not expecting a full pay, yet the signing company paid me my full fee. I emailed them " thank you so much". 
Mary Poncedeleon |
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jbelmont
California
3106 Posts |
Posted - 12/01/2012 : 2:27:40 PM
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Let's say that you were assigned a job. Let's say that the signing never got finished. Perhaps it got cancelled upon arrival for one reason or the other. Let's say that you got paid in full regardless. Usually notaries get paid for less than what they did, but what if you get paid more than you "deserve".
Do you offer the signing company a partial refund for their overpayment?
Do you thank them for paying you in full?
Do you say nothing?
In my mind, the behavior of signing companies towards you is a reflection of how much they value you. If they want you to say "yes" to them in the future, they will pay you well and treat you generously. Right?
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You got paid the full fee for uncompleted signing?
