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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 either get busy with other things and forget to drop it. Or, you are at home cooking and forget all about your package. Or, 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!

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 mean time while they are waiting for a call back. That is very prudent, however also not 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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April 20, 2016

Artificially inflated rates at a signing

My rate shouldn’t be this high!
I had a loan signing once for a lady where I looked at the documents and the interest rates printed seemed unusually high. Before I had her sign the papers, I asked her what the loan officer had told her, and she couldn’t remember what the interest rate was that she had been told. She rummaged around in her purse and found a slip of paper where she had written it down and it was definitely different from what was printed on the documents. I tried calling the lender and couldn’t reach them. I left a message but we never heard back from them so we cancelled the appointment and decided to reschedule. I took the docs with me as I left. Magically the next day, new documents showed up with the correct interest rates despite the fact that no phone call ever came through from the loan officer. We made an appointment and signed the next day. I was so glad for her that we had caught that mistake and got it corrected!

Falsely accused of murder
I had a jail signing where a woman was in jail and her fiancee was fighting on her behalf to get her out. Someone had gotten murdered and she was incarcerated, but she was actually innocent and happened to be in the wrong place at the wrong time. The fiancee needed a power of attorney, and he was so well dressed that the guards thought he was a lawyer and he came in with me to see her to get the signing done. When they saw each other, they spoke and he just held and pressed her hand. She was so depressed and upset and sad. The jail had over medicated and sedated her for her depression which made the whole situation ever more upsetting. I felt really bad for them.

The vindaloo signing
I had a funny signing with a Caucasian woman and an East Indian man in my town. When I got there, the husband was quite grumpy because the title company had messed up the settlement statement. When I told him that my former husband was an East Indian man though, he suddenly lit up and got very excited! We went into the kitchen and he gave me a bunch of seasoning packets and told me where to buy the best lamb rack, and we talked about cooking. We ended up rescheduling the signing with the corrected documents and we ended up talking more about cooking then too and he sent me home with more food! It was a fun meeting!

An impersonator at a signing
I had a refinance once where I’m glad I listened to my intuition! There was a situation where the wife was bilingual, and the husband spoke only Spanish. She was the primary on the loan, and when I looked at the ids, hers looked definitely like her. Her husband’s id didn’t really look like the man sitting in front of me. He had a bandanna on that partially hid his head, and the picture looked similar, but I couldn’t really say that the id was really the same man in front of me. I was skeptical but I took the photograph at face value as the wife assured me that this was really him. I started to proceed with the signing. At some point though, the man in front of me suddenly said, “ There’s a problem. This doesn’t match.” referring to the documents. At that point I realized that this wasn’t her husband since he clearly understood and spoke English. It was a friend. Not her husband. So I immediately stopped the signing, told them we were done, and walked out the door. I was so thankful that I was able to stop it, and that I had it recorded in my journal. I called the agency immediately and let them know what had happened.

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June 23, 2015

Loan Signing FAQ’s That Borrowers Ask

Many notaries go to the signing table unaware that there are many frequently asked questions that they might not know how to answer. I’m going to list a few here, but our list might expand as time rolls on. Feel free to contribute some FAQ’s of your own that you came accross.

(1) Why is my APR higher than my Rate?

(2) Do I have a prepayment penalty and where can I find that information?

(3) Where are my settlement fees and the costs of the loan documented?

(4) When is my first payment due?

(5) Can I cancel my loan? How many days do I have? How do I cancel my loan?

(6) Do I sign my name with my middle initial?

(7) Why do I have to sign my name this way?

(8) Do you know how to reach my lender now? I don’t have his number in front of me.

(9) Am I in a flood zone?

(10) Do I have mortgage insurance?

(11) If I am a spouse, which documents should I sign? I thought I was on the loan.

(12) Does this property need to be my primary residence?

(13) Can I lease this property out to others during the Mortgage?

(14) What is the penalty if I am late on any of my payments?

(15) Why is my information wrong on the 1003?

(16) How come the information is different on the Good Faith Estimate and the Settlement Statement?

(17) How much can my rate go up if interest rates for up for my Adjustable Rate Loan.

(18) When my Adjustable Rate Loan graduates, will it still have a cap, but not a gown? (sorry for the bad humor)

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