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March 26, 2018

The signer would not sign the flood disclosure

Filed under: Loan Signing 101 — Tags: , — admin @ 10:50 am

If you go to a signing at 11am and the signer signs everything except the flood disclosure, what do you do? You call the contact person or people in title or lending. If they do not call you back, you cannot stay at the borrower’s house all day long. Let’s say you leave the signing at noon with everything signed except the flood disclosure. How fast do you drop the package?

Most Notaries will hold on to the package for dear life until the messiah comes. However, the Lender needs those documents. The borrower can take care of the flood disclosure on his own as it is not notarized. Here are some realistic scenarios about this situation:

(a) You drop the package too early, and you have to immediately go back to sign the disclosure. The Lender loses $50 on Fedex. A small loss that is completely his fault for not calling you back.

(b) You hold on to the package for several hours thinking you will drop it half an hour before pick up. Then, you get busy with last minute notary assignments and forget to drop it or have a scheduling conflict at a minimum.

(c) You are at home cooking or reading the paper and forget all about your package.

(d) Better yet, you get in a bad accident and are in the hospital and cannot drop it. If you forget to drop it, don’t have time, or can’t, you could get sued when the borrower loses their lock. Don’t let them lose their lock, rather, drop it like it’s hot!

(e) You have a family emergency because your mom had a stroke, or your daughter hit her head and you drop everything (except the package) and tend to your emergency.

(f) You wait 60 to 90 minutes after the first message is sent before you drop the package depending on what other assignments you have that day. You give the contact person a reasonable amount of time to call you back, but you don’t hold on the package so long that you create any significant risk of it not getting dropped that day due to issues elaborated in points b, c, d, and e. In my opinion, scenario (f) is the most reasonable way to proceed.

HERE IS THE QUESTION RESTATED AS A FOLLOWING DIRECTIONS QUESTION:

You are assigned a signing by Chad the Loan Officer. Chad’s instructions as he words it are, “If there is a problem, call me and only me, if you can’t reach me, then send me a text.” You get to the signing at 11am. The signer’s name is Jesse. Jesse signs half of the documents, but gets to the flood disclosure and says he won’t sign it until he can talk to someone. So, you call Chad, Chad does not answer, what do you do now?

Most Notaries immediately want to call Title. Then they argue with me when I tell them that the instructions say to call Chad only. Then I am told that in real life Loan Officers never hire Notaries directly. I tell the Notary that the purpose of this question is not to master real life but to master following directions so you don’t get fired.

Other Notaries say they will leave a message and sign the other documents in the meantime while they are waiting for a call back. That may be very prudent, but isn’t following directions.

The correct answer is to send Chad a text. What you do after the text is up to your judgment as there are no other instructions. The purpose of this question is to see if you can remember instructions and obey them. Otherwise woe to anyone who hires you.

.

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October 26, 2016

Most loan documents haven’t changed since the 80’s

Most Mortgage loan documents haven’t changed since the 80’s. Which ones would you change? With the advent of the Closing disclosure, the HUD and the Truth in Lending were eliminated. But, did that really improve the loan industry? It’s the same information in a different form. Personally, I liked it better the old way. The music was better in the 80’s as well, but that’s a different story (or song).

Then we have Deeds of Trust. Each one is a different length. They range from two pages to 54 pages. Wouldn’t it be easier if there were a standardized length for a Deed of Trust. And who is going to sit and read all 54 pages and actually understand it.

Next, the 1003 always has wrong information in it. Shouldn’t it be required by law to double check your work if you work in a Mortgage or Title house?

The Signature Affidavit is another document I don’t like. If you have a legal name, you should use that name on all of your documents. It’s too complicated if you keep changing your name around with variations. Mathematicians like to have a single name for an entity. The minute you have multiple names it becomes difficult to identify that entity especially if writing computer programming code. Personally, if your last name is a common name like Smith, Gonzalez, or Hussein, you should definitely use a middle initial. But, life is easier with email addresses. A single email address cannot be assigned to more than one person. Personally, I think that the government should make us have an official registered email address that they patrol for spam. That way, we can be reached without having to go to the mail box. Times are changing, but our government and loan brokers are not.

The Flood Disclosure is another document that I find funny. I think it would be ironic if you spilled your Pepsi on a flood disclosure of all of the documents in the stack.

Speaking of irony, hairstyles have gotten shorter since the 80’s, but loan document packages seem to have gotten longer — and with more fax backs.

I think that loans need to be simpler and that the government should step in and have some standards. But, in the mean time, we’ll do what we can. Let us know if there are any changes to loan documents that you recommend.

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July 17, 2015

Honey, You Can Kiss my App!

GPS: You will be approaching the Deed of Trust in 3 seconds… You have arrived at your destination.

MARCY: Well, I’m a new notary, so what do I do now?

GPS: What do you think is next, do you want me to tell you to wash your hair and then repeat?

MARCY: I’m sorry, could you repeat that?

GPS: Never mind. Have the borrower initial all of the pages of the Deed of Trust in the small horizontal line in the bottom corner.

MARCY: But, this has 15 pages!

GPS: You heard me girl.

MARCY: Okay, we are going to sign the Note now, and then these other documents…. Okay, we finished signing the HUD-1.

GPS: You go girl! Okay, now let’s take a look at that Flood Affidavit.

MARCY: Gee, the app says you can explain this to me in Chinese, but I don’t speak Chinese. Hmm, I wonder what happens if.

GPS: Qing ni zai qian ge ming zai zui hou de ye.

MARCY: Yet another thing that was made in China. I better switch it back to Chantelle.

GPS: Do you realize what you just did?

MARCY: Yeah, I switched you to Li-Wen for 30 seconds. I didn’t know what that button did.

GPS: Well, you should be more careful. That app doesn’t exactly steer you towards the nearest Chinese restaurant, and if it did, it would steer you to the type of restaurants with dishes that the owner says, “you no like.”

MARCY: I think you’re right. I went to one of those restaurants. I ordered something called “zhu chang” and the owner said, “You no like.” I asked what it was and he said, “Pig intestine with ox brain.” And I said, you’re right, I no like! And then he said, “you think you no like? how you think ox felt?” And then I said, “You’ve got a point. Let’s stick to kung pao!”

GPS: Yeah, and if you had kept on with Li-Wen, should wouldn’t direct you to the fork in the road. She would have directed you to the chopsticks in the road. Then, you’d really be in trouble!

MARCY: Yeah, because I don’t know how to use chopsticks.

GPS: Yeah, but Li-Wen could probably hook you up with some training sticks.

SIGNER: Less talk, more signing please.

GPS: I saw that in a fortune cookie once.

SIGNER: Gee, Chantelle, you do seem to know a lot about China for a GPS. Have you been to China?

GPS: Honey, I was born in China. My parents were nine year old kids who didn’t get decent child labor laws for Christmas.

SIGNER: So, you grew up in Peking, not Pittsburg.

MARCY: Gee, I never thought of you as Chinese.

GPS: Well, think again! I grew up in the basement of a electronics chop shop in An-Hui province. I got plenty of love, but my parents were mad at me for not being a boy.

MARCY: Well, couldn’t they have made you into a boy?

GPS: Don’t think they didn’t try! They didn’t have the voice overs to do that, so they were stuck with what they had. And they had to keep me due to the one-child policy.

SIGNER: Well you seem very polite.

GPS: I had to be. My parents said that if I acted up, they would export me.

MARCY: It’s fun talking to you, but honestly, the way you explain the documents isn’t thorough enough. The app literature claimed that you would be a lot more detailed in your instructions.

GPS: Well if you don’t like it, then you can kiss my app!

MARCY: Well, I’m new at this, so I need a little more mentoring.

GPS: Fine. Have it your way. I’m auto-switching you to Charles. You’ll be sorry now.

CHARLES: (British Accent) Hello, this is Charles.

MARCY: Oh, you sound Brittish. So, what’s the next step in this signing?

CHARLES: Well, if you were Queen Latifah, I would courtsey.

MARCY: No, the signing. We just signed the Flood Disclosure.

CHARLES: Well, just sign the other documents and be done with it.

MARCY: Don’t you understand loan signing?

CHARLES: Well, there’s nothing to know actually. You just sign as your name is printed, and that is that!

SIGNER: I don’t know why Marcy opened her big mouth, but we were much better off with Chantel.

CHARLES: This was the way I was programmed.

MARCY: Well, we need more than this, and the app we bought was guaranteed to be thorough in its descriptions of documents.

CHARLES: Well if that’s the way you feel then Cherio. I’m switching you to Li-Wen.

LI-WEN: Ni hao, wo jiao li-wen. Wo zen-me ke-yi bang zhu ni?

MARCY: Do you speak English?

LI-WEN: Sorry, no English.

MARCY: The app said that the voices would be in English.

LI-WEN: Not all of them. 1.3 billion people speak Chinese these day.

MARCY: Well this is not going to work.

LI-WEN: If you no like, then — Honey, you can kiss my app!

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