When I ask the Chad question to Notaries, I reword it sometimes to give some diversity the question (If wanted diversity why am I using a name like “Chad?”) The main point of the question is that I give instructions, divert the conversation with some other commentary about the situation, and then put the Notary in a situation where they will have to regurgitate the instructions.
Chad says, “If there is a problem, call me and only me. If I don’t answer, send me an email.” (Sometimes I say text or leave a message.)
You get to the signing. Jesse is the signer. You arrive at 11am. Jesse signs half the documents, but refuses to sign the flood disclosure until he can talk to someone. You call Chad. Chad does not answer. What do you do now?
1. You complete the signing and inform the borrower about their three day right to rescind. Of course, not all signings are refinances on personal properties, so there might not be a right to rescind. Commentary: This is not a bad way to proceed, but it is not following directions. Chad will fire you.
2. You call Title because that is what you normally do and it makes sense. Commentary: Yes, that makes sense and ordinarily you should call all contacts that you can call. However, your instructions were to call Chad and only Chad. Chad will fire you if you divert from exact instructions.
3. You leave the signing. Commentary: Bad idea. You need to give Chad a little time to get back to you. How much time is reasonable can vary. I would allow sixty minutes total for an appointment as a general rule. I would allow twenty minutes for a call back as a general rule. Give Chad a chance to call you back, and send him that email and leave a text too.
Chad asked you to send him an email, so send him an email and do not call anyone else because he is the one paying you and told you not to. Doing what you are told will gain you many repeat clients. Disobeying them the minute they ask you to do something that you do not normally do, or something that doesn’t make sense to you, can get you fired. Just because an instruction doesn’t make sense to you doesn’t mean it does not make sense to the person giving it to you. If you don’t like an instruction, take that up with your boss at the moment the instruction is given, and not at the moment you wish to disobey the instruction. However, if Chad tells you to do something illegal as a Notary, you cannot and should not obey him. A Notary obeys the law first and then their client. If there is a conflict of interest between client and law, side with the law. If there is a conflict between client and best practices, side with best practices as a safety precaution for the Notary.
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