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LindaH

Florida
1754 Posts

Posted - 08/12/2015 :  03:42:09 AM  Show Profile  Reply with Quote
"I had no instructions to contact Title with any questions. The borrowers were hesitant and made several calls to their loan officer about the HUD and several other "questionable to them" documents"

You don't say if you were contracted by an SS or direct from title, but you should have been contacting title or hiring party with questions - most of these LO's have no clue what happens once it goes to closing (although I've met a few very good, hands-on LO's) -my call would have been to hiring party if an SS and, if title, direct to title. No instructions to call? I'd have made sure I GOT specific instructions on who to call if issues at the table.

Also, for me, if the document is in the package it gets signed - it doesn't go back unsigned unless the signers are adamantly against signing it, in which case I pull out my handy dandy post-it notes, have them write in their own words why they WON'T sign it, have them sign that note and date it.

By the way - "I told "M" that I was not culpable. She told ME that their loan officer shouldn't have made that call about dismissing documents."

You're absolutely right - "M" may be right too that the LO should not have made that call but it's not your job to stick yourself in the middle of dealing between LO, Borrowers and Title -

I had a LO tell me once to add wife's name to face page of mortgage cuz she had to sign even though not on title (FL spouses have rights) - and I did, knowing it was wrong. Sometimes you're stuck between a rock and a hard place - hopefully title will realize your dilemma and hiring party will still pay you. However, if this is a good client, you may want to offer to go back out for an additional nominal fee to correct the error, but let them know you won't go for free because you were following instructions - whether those instructions were right or wrong is not on you.

Good Luck

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

Edited by - LindaH on 08/12/2015 03:44:51 AM
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Lee-AR

Arkansas
678 Posts

Posted - 08/11/2015 :  3:30:48 PM  Show Profile  Reply with Quote
I think you had a 'learning experience'. LOs are notorious for telling B's what they want to hear. Title companies don't do that.
In other words, call Title next time.

However, in your defense, if the LO told the B to ignore these docs, a notary is hardly in a position to force them to sign something they've been told by the...ummm...'Lender' to ignore.

And, no, correcting the LOs' error would not be a freebie...

If you don't value your time and experience, nobody else will.
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betty1957

Illinois
35 Posts

Posted - 08/11/2015 :  05:53:37 AM  Show Profile  Reply with Quote
I have completed about 600 signings, so I'm not NEW to this. I did a Reverse Mortgage last Friday, and I was surprised because I handled the borrower's application not three weeks ago. It seemed rushed to me.
Anyway, I read my vendor's instructions, copied them to my "work order" (I call them ALL that), and printed and kept it with me at the signing. I looked for Title instructions and followed them, though there were scant.
I had no instructions to contact Title with any questions. The borrowers were hesitant and made several calls to their loan officer about the HUD and several other "questionable to them" documents. Two such documents were to be notarized:
No Representation for Deed Transfer (1 page)
No Consideration Affidavit (1 page)
I was listening to their conversation, and their loan officer told them they didn't have to sign these, AND he didn't know WHY they were in their package of documents. He told the borrowers to disregard them and not sign.
Enough said. I am NOT the authority, only there to complete the signing and go with the orders I am given.
So, yesterday, I get a call from my vendor to talk to somebody at Title complaining that these two documents were left unsigned and not notarized. "M" (at Title) said "didn't I understand the purpose of these documents?" I told her that I cannot force borrowers to sign something that they don't wish to sign. I thought the matter had been settled because the borrower's contact WAS their loan officer, and their other contact had been ME, since I brought them the application paperwork AND the final Reverse Mortgage paperwork.
I told "M" that I was not culpable. She told ME that their loan officer shouldn't have made that call about dismissing documents.
I have not been called again about this. I will NOT make another 40 minute (one way) drive to correct this for free.
Am I in the wrong, or are these companies just rushing so fast that they don't really know what they are doing? DH and associate are both attorneys in Illinois and their opinion is that too many of these documents are not drawn up by attorneys, but copied and pasted together by clerks.
What do YOU think?

betty j. dedman
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