Frank does a loan signing on Monday and drops the package in the drop box at 3pm, calls in the tracking number and then wants to go camping. How many days should Frank wait before embarking on his camping trip and why?
I think that Frank should wait until he confirms with the Lender that the package has been looked over in its entirety, or until the rescission date, before going camping. If there is any issue, they might need Frank’s immediate communication and cooperation. Notaries who are not responsive after signings get regular complaints on our review system.
But, let’s review why you should wait and how long you should wait.
1. Camping = not responding to emails = complaints
The most common source of complaints in our review system is due to Notaries who are either rude, make Notary mistakes or are unresponsive after a job has been completed. Sometimes the Notary forgets to send the documents in, and sometimes they just don’t answer their email when there is an issue or question with the documents that were sent in. If you don’t respond, you get complaints. If you are camping, you might not be in a position to answer emails quickly and might not have internet access.
A lot of wise guy Notaries say that they would take their laptop camping and that they only go to a camping spot where there is internet. I think these Notaries are personalizing the question rather than answering it based on general sense which dictates that camping spots are normally out of circulation and that the question is not about THEIR camping spot, but about camping spots in general.
2. Types of issues
If you hand in loan documents, there might be several types of issues.
(a) A missing document. Perhaps Title never included it in the package, but you will be questioned and blamed if it does not come back to them.
(b) A missing signature or initial. This one is your fault and it will come back to you within a day of receiving the documents.
(c) Recording issues normally happen after day five and are rare. Your stamp’s impression might be too light or some arbitrary and nitpicky complaint about your seal could happen. You cannot hold yourself hostage forever, so focus on more common issues.
(d) Fedex was delayed for some reason. If so, you get called and you have to answer questions about where you dropped the package, when you dropped it, what the tracking number is, whether you gave it to a person or put it in a box, etc.
(e) A missing check or document that was to come from the borrower and be included in the package.
(f) A redraw and resign. Perhaps the borrower decides they want to change something about the loan and there needs to be a resign. This happens from time to time and you will get called if it does.
If there is a problem with a loan, it is unclear how fast you will find out about it. Here is my approximation of a timeline.
Day of the signing — the loan gets signed and dropped in a drop box hopefully at a manned Fedex station or other courier station or box. If the package gets dropped after the cut off, it doesn’t get picked up until the next day or early evening.
Day 1 — An overnighted package might be received on this day, the day after the signing which I call Day one since the day of the signing doesn’t count as a day in the rescission calendar. You might hear from someone on this day if there is a problem, but it is more likely you will hear from someone on day two.
Day 2 — A 2 day air package or delayed overnight package will probably arrive on this day. Just because the Lender received the package doesn’t mean they looked at it in its entirety yet. It might be sitting on their desk. You are likely to hear from someone on day two, but not necessarily.
Day 3 — By this day, the package will most likely be received and looked over. But, a few stragglers might still not have looked over everything and the secretary might still have the package in a pile on her desk.
Day 4 — By now, the right to rescind is probably over or will be over by midnight if there was a Sunday or Federal Holiday within the four calendar days. It is probably safe to go camping now.
Day 5 — If there are recording issues, those might surface after day five, but are rare, so don’t lose sleep over them.
4. When is it safe to go camping?
If you alert your client in writing before the signing happens saying that you are out of circulation and that if there is a problem, you are on your own — you still might get blamed, but at least you put the alert in writing.
I would wait until day four to go camping OR call the Lender and make sure he/she has looked over the entire package before going camping. Sending the package by fax and having them inspect it the afternoon you completed the package is yet another option if they are available to inspect it. Most issues come to surface on day two or day three, so by day four you are likely to be off the hook. Check your emails once a day anyway just to be a good service provider.
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