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April 11, 2013

Getting what is due! A clever plan!

I love it when we can get what is due us without resulting to collection actions or a courtroom.

It seems that one of our notaries was owed a considerable amount of cash. Approximately $500.00 or so. He had done several signings in a short period of time for a deadbeat signing company and was having no luck in collecting from them. They had given him the run around, and he was fed up.

He, of course, was not going to work for them again until he had been paid in full. However, in his haste upon receiving a phone call he accepted a job from this company and when he became aware of his mistake he was of course very upset with himself, and was so inclined to give it back. But, it was at that defining moment that he had an idea. He decided that he would do the job. But he had what I consider a brillant idea! A ingenious way to collect for the new signing plus all of the other outstanding money that was owed to him.

So, he did the signing as requested but instead of using the return company’s UPS number, he filled out the UPS label asking for over $600.00 plus dollars COD. Yes folks, CASH ON DELIVERY. So, when the UPS driver came knocking on their door the company was faced with a serious dilema. Either they pay the requested amount and get their documents or lose them. They would of course be returned to the shipper. Well….they paid the fee in full and the notary received every penny that was owed to him.

Now, I don’t know if this is considered doc highjacking… and truthfully I don’t care. Due to the notaries quick wit he got what was due to him and that is WONDERFUL in my book!!

Until next time

Be safe

You might also like:

Pricing formulas & time spent
http://blog.123notary.com/?p=588

Low ball signing companies
http://blog.123notary.com/?p=745

Protecting yourself with a contract
http://blog.123notary.com/?p=2593

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January 2, 2013

Two-Faced… Duplexed

Filed under: Carmen Towles,Posts With Many Comments — admin @ 7:07 am

I get a call from a notary public that it is clear that she is rather upset. She is a new notary public / notary signing agent and she is trying to put forth her best effort. And, it is a challenge to say the least.

She gets her first call and she is so excited. I can remember how that feels. I am sure most of you old timers can as well. 🙂 She takes the assignment and all goes well from start to finish. She returns the documents and a few days later she gets the most dreaded phone call that we all have received at one time or another. The folks that hired her had called to say that she would have to go back to the borrowers house at her expense because she had printed the documents front and back (printer duplexes) and the lender had refused them. It seems that they wanted them printed on single sheets. I’m thinking someone dropped the ball on this one and I suspect I know who. But I need more information.

It was clear she was very upset because she had felt that she hadn’t don’t anything really wrong but was not sure. ONLY one thought came to mind and I asked only one question. Did they give you specific questions to NOT print front and back? Her answer was no. I asked was she positive, she was. So, I told her that although she would inevitably have to go back that this was not her fault and it should NOT be at her expense. I told her that if they hadn’t given her specific instructions NOT to print the documents front and back that that was on them not her. Some of our printers depending on the model (and once set up properly and if they have the duplex function as in this case) are going to print they way they were SENT. I told her to call them back and let them know that she had carefully checked her records and found no evidence that she was not to print this way (single sheets) and if thye had wanted them printed on single sheets they should have sent the PDF in single sheets. And last but not least, if they wanted her to reprint and go back then she would need to be compensated for both trips. (Keep in mind people that were are not mind readers. We are not here to play guessing games. We should be given specific instructions and then we need to follow them to letter.

What I believe happened is that the lender probably sent the documents with instructions how to print and then the information was sent to title and then to a signing service. Somewhere in there somebody dropped the ball. Which is why things get messed up so often. There are way to many people involved in these transactions.

But, in the end it is the notary public that gets blamed. It is unfortunate but true. So so often when they screw up they want the notary public to go back or fix something with no compensation…This is totally unacceptable. They do this because it eats into their profits. But if they got it right in the first place then things would go a whole lot smoother for them and for us.

Now I told our notary public what I felt she should do and so far I haven’t heard back…so I will assume no news is good news. If I hear anything new regarding this incident I will write another blog…. in the mean time please get and READ those instructions and ask questions if not sure. And get EVERYTHING in writing. It will save your you know what! 🙂

Until next time be safe!

You might also like:

Why are the fees offered to us so low you ask?
http://blog.123notary.com/?p=22293

When are Notaries rude to title companies?
http://blog.123notary.com/?p=21288

Show me the money
http://blog.123notary.com/?p=22537

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December 24, 2012

I make mistakes too!

Filed under: Carmen Towles,Notary Mistakes — Tags: , — admin @ 6:57 am

The most dreaded thing happened to me after all these years. I get a call from one of my regulars of many years now asking me when I can come through. She has a fee notarizations for herself and her husband. The own an architect firm. We set up a time for the following day. I arrive about 10 minutes early which is what I always try to do. She pleasantly sits me down in our usual conference room, excuses herself and leaves briefly to get the documents. She comes back into the room and hands me one document in particular from a stack that immediately looks familiar. It was a document that I had previously notarized the week before. She goes on (while handing it to me stating that the county clerk had rejected it. I am thinking WHAT!?!?! Are you serious??…cant be so. But unfortunately is was so. It seems in my haste I had forgotten to put the ‘notary public’ after my name. (For those of you in other states this is now a mandatory requirement for all California notaries.) And of course the county clerk had rejected it. They had attached a nice little note with instructions for me to fix it. Which of course I did.

I was thinking ( and I told my client ) ‘I am so sorry, I cant imagine what was going on in my head’ to forget to do this, I assure her that after all that I certainly know better”. ‘But I am human’ as she told me. “We all make mistakes”. But this mistake in my eyes was unacceptable and now I have inconvenienced the client. They have to go back to the county clerk. So to make amends I adjusted my fee. I would have liked (at no charge) to offer to take it to the courthouse for them…but didn’t think of it until later in the day.

So remember to check your work. ALWAYS! Try not to let outside influences distract you. This can easily happen but It can cost you jobs and regular clients. I am sure they will call me back. But I really felt bad about my error. I know better but for me this was a wake up call. I was careless and did not check my work. And ultimately, I could have paid for it by losing a valuable client Or even worse yet it could have been a time sensitive document and because of my error they could have lost their valuable client and/or they could have missed a deadline and I could have gotten sued…god forbid. So don’t forget to check BEFORE you leave them. Doesn’t matter if it is one document or 20. make sure you have done your job. We can’t afford mistakes!

Until the next time, be safe!

You might also like:

Tips for notaries to avoid making mistakes
http://blog.123notary.com/?p=3360

How to fix notary mistakes
http://blog.123notary.com/?p=2231

Common mistakes
http://blog.123notary.com/?p=4553

Power of Attorney notary processing mistakes
http://blog.123notary.com/?p=18958

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August 31, 2012

The chicken & egg: Birth certificate problem solved

Filed under: Ken Edelstein — Tags: , , — admin @ 12:31 am

How to get a Birth Certificate with no Photo ID

I frequently get calls from people who need a document notarized because they have no ID. They are trying to get a copy of their birth certificate to rebuild a lost/stolen set of identification papers. But, the classic problem of needing ID to get ID comes into play. They want something notarized to apply for the key document – the certified copy of their birth certificate.

Of course I cannot comply with their request, as they lack “government issued photo ID”; my standard for notarization. However, I do provide them with the solution to their problem; if they can obtain a replacement for their lost credit card. Or, if they have some other credit card. For this to work the credit card must be in their birth certificate name.

Their salvation is the on line web service called Vitalcheck.com. They can order their birth certificate over the internet. But how is this possible? Surely they can’t just order one of the most secured instruments (at least in New York State), with just a credit card? Well, the answer is that they can – assuming they have “knowledge in their head”. Stick with me and I will explain how this is both secure and convenient.

Vitalcheck.com is a front end for ordering on line many government issued forms. They handle birth, death, marriage and divorce papers. And they do it securely – and all the applicant needs to have is a credit card with a name that is on the document. They also need that all important “knowledge in their head”. I have used the service myself and can explain how it works.

Vitalcheck.com has access to MANY “public records”. During my on line application I was presented with a series of questions (multiple choice) that an imposter would not be able to answer correctly. Briefly, I lived in Florida. One of the questions was “At which of the following addresses did you live”. Another was which of the following cars did you own. Similar questions about events in my past, all found in searches of public records assured them that I was indeed http://kenneth-a-edelstein.com. My birth certificate order was accepted based upon the information I was able to provide – unlikely for an identity thief to provide correctly.

You might also like:

Can a notary notarize a Birth Certificate?
http://blog.123notary.com/?p=2300

Must a thumbprint accompany a notarized document?
http://blog.123notary.com/?p=2289

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May 4, 2012

Notarizing your foreign language document!

Notarizing your Foreign Language Document

“The bank refused to notarize the document because it is written in Hungarian”, said the exasperated client to me. “No Problem” for http://kenneth-a-edelstein.com was my reply. There is no requirement for the New York notary to be able to read the document, none whatsoever. Consider a 765 page document regarding the sale of a Supertanker – do you think the notary will read it prior to notarizing the signature on the last page? Well, if they are not going to read all pages of all documents – why would they want to be able to read some pages of some documents? I doubt if I will ever know.

There are some interesting considerations regarding languages involved in the notarization process. But none have anything to do with the actual document. The main language requirements in New York are related to the required oath given by the notary. The notary must be able to give the oath directly (no interpreter allowed) to the person whose signature will be notarized. The person signing must be able to read the document in order to swear/affirm that the document is truthful/correct. That is the relevant language consideration – the document could be in Braille or Latvian – it does not matter to me.

Part of some NYC notaries’ refusal to handle this situation is their employer’s desire to avoid the possibility of being involved in a lawsuit. Some Manhattan banks will not notarize a Power of Attorney, some refuse a Bill of Sale – the reasons are the same; avoiding being involved in
litigation. If the notary can’t read any of the document it “might” be a prohibited (by “bank” policy) – thus all “unreadable” documents are often refused. At http://newyorkmobilenotarypublic.com that is never the case.

It is a “best practice” to prepare foreign language documents in both languages. Most times this is done by formatting the document into two columns with English on one side and the other language on the other. One advantage of doing this is that it allows the affiant to sign twice. The signature on the English side will be compared to their ID – the other language is not. Thus, it is the English signature that is being notarized – and most ID documents in this country have English signatures.

Tweets:
(1) No problem – there is no requirement for the notary to be able to read the document (written in Hungarian)
(2) The notary must be able to give an Oath w/direct communication w/affiant (no interpreter allowed)

You might also like:

Where can I find a Chinese speaking notary?

A California Notary Acknowledgment Goes to Taiwan!
http://blog.123notary.com/?p=6981

How do I get a foreign language document notarized?
http://blog.123notary.com/?p=18788

Where can I find a Spanish speaking Notary?
http://blog.123notary.com/?p=18824

Apostille Information
http://blog.123notary.com/?s=apostille

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April 8, 2012

Don’t put the Fedex in the drop box!

Please, no drop boxes!

I know a lot of you use drop boxes (Fedex, UPS, etc) to drop your document packages. And before you say it, I know some of you have no other options that are close to you. In this case your options are limited. You are forgiven. Maybe you have had issues with drop boxes or maybe you haven’t. But, regardless, it is something to consider, if at all possible please don’t drop your packages in drop boxes. Because, if you have bad luck and the documents get lost; and you have no documentation; It can cause you a great amount of grief, stress and aggravation; and  in the end it could cost you a valuable client.

Loan package with a hefty cashier’s check thrown in a drop box

To give you an example, here is one story of several that has been shared with me. I had an Oregon notary just the other day call in to 123notary. From her tone she was obviously very upset. It seems she had completed a signing successfully and had dropped her documents on a Friday in one of those infamous drop boxes of Fedex. It was now Tuesday, and she got that dreaded call: the title company still hadn’t received the package.  I thought to myself, this is going to be bad. When this Oregon notary public and title went to track the package, there was no tracking information available. To make matters even worse there was a substantial amount in a cashier’s check also in the missing package. The assignment that had been given to the Notary in Oregon was for the paperwork that was to be used to purchase the property. So,  now everyone is upset and confused as to what to do.

Get your tracking — people!

Now in my mind, I’m thinking why in the world would you drop a set of documents in a drop box, especially with a large amount in a cashiers check. This to me this is a disaster waiting to happen.  The first thing I let our Oregon notary friend know is that unless absolutely necessary, you should always hand your packages to a driver and ask him to scan them or take them to hub or staffed service center, have them scan them and  get a receipt. This way YOU are off the hook. Which brings me to another point…

Hand fill the shipping labels

PLEASE remember when you are required to hand fill out the shipping labels with the client; title-escrow etc  account numbers you should always list the person that you are shipping to as the recipient and as the shipper. Do NOT use your information at all. This will serve two purposes. One-if the envelope is lost, it will not come to you it will just automatically go to the company that hired you. Two- if the company has not paid their bill you will not get charged for the service. Currently I have about 3 notaries battling with Fedex on this matter (cause they put their name as the shipper)and they are in collection status with them. Be careful! This can cause you a great deal of trouble with UPS, Fedex etc. and worst of all it will effect your credit if you cant straighten it out. You will have to pay it if you cant prove to their satisfaction that, you were hired by a 3rd party.

Now I understand that some of you may not be near a hub or have a location that you can go into to get a scan or receipt near by. But for those of you that do. It is better to safe then sorry. Always try to get a receipt or have driver scan your packages for you. This will protect you. For me, I need to know where my documents are at ALL times.

Now,  unfortunately as of today I haven’t heard back form the notary in this situation so I cant give up an up to date  but I am confident if those documents didn’t turn up everything would have to be redone…and all I can say is what a mess. If and when I hear from her I will let you know….Just remember: No drop boxes if you can help it…

Thank for reading and be safe…until next time!

PS — Jeremy did a signing ten years ago that was put in a drop box.  The documents were missing for a week.  The signing company eventually called Fedex — and you will never guess where the documents were.  They were still down there at the bottom of the drop box, and getting very cold by this point!  The driver who was assigned that drop box had quit and his replacement wasn’t given good instructions as to which drop boxes to pick up from every day!

Tweets:
(1) You could lose a client if you put a FedEx in a drop box on the off chance it never gets picked up.
(2) Sooner or later, the FedEx you put in a drop box won’t get picked up. Be safe & take it to a hub!
(3) If you put a FedEx containing a cashier’s check in a drop box, that is a recipe for disaster!
(4) Once I put a FedEx in the drop box that never got delivered. FedEx found it a week later still in the box!

You might also like:

Should you send the Fedex right away?
http://blog.123notary.com/?p=16166

What tasks can you do which are worth $1000 per minute?

Compilation of Notary stories on the blog categorized
http://blog.123notary.com/?p=21898

Comparing journal entries to Fedex signatures
http://blog.123notary.com/?p=19375

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January 13, 2012

Borrowers and their filthy homes

The notary who was very ill
A while back I had tried to reach one of our notaries (and she has become a dear friend as well) for some time but with no response I started to worry. When I did finally reach her she shared a horrifying story with me. She confided in me that she had been quite ill. In fact she expressed to me that she was very near death.  I could hardly believe my ears what she had begun to tell me.

Coming down with a flu
She had had a busy week with notary work and she became ill with what she thought was the flu/cold. She did not quite know what was wrong but knew that her body was telling her something was not quite right. This was more than a cold. She eventually ended up in the hospital and with her stay her body continued to slowly shut down. She was literally dying right before the doctors and staff’s eyes. They ran test after test and could not come up with anything.

But, what was her illness?
They were baffled. What they did know for sure is if they didn’t do something and do something fast she would surely die.  They were clueless, was this an infection or was airborne or contagious?? They continued with the tests but nothing. They were afraid to give her any medication for fear that it would kill her. If they didn’t know what was wrong how could they treat her. So they quarantined her and everyone that tended to her wore masks, gloves, etc. They were stumped/baffled to say the least.

A test for Legionnaires disease
Now, If it weren’t for what she would call her ‘angel’ she would not have lived to tell this story. There  just so happened that there was a young intern at the hospital (who’s sex it still unknown to her to this date; not that it makes any difference) suggested for them to  run the test for Legionnaires Disease. Why he or she suggested or thought to test for this is still unclear but as far as our notary and I are concerned, it was our heavenly father above. The doctors ordered the test and what a shocker those results were, positive-BINGO-that is exactly what she had. Now you may ask what exactly is Legionnaires Disease?? I have posted a summary below.

Legionellosis is a potentially fatal infectious disease caused by gram negative, aerobic bacteria belonging to the genus Legionella.[1][2] Over 90% of legionellosis cases are caused by Legionella pneumophila, a ubiquitous aquatic organism that thrives in temperatures between 25 and 45 °C (77 and 113 °F), with an optimum temperature of 35 °C (95 °F).[3]

Legionellosis takes two distinct forms:
Legionnaires’ disease, also known as “Legion Fever”,[4] is the more severe form of the infection and produces high fever and pneumonia.[5][6]

The disease was traced to a borrower’s home
If it sounds scary well it is…When the notaries test came back positive the CDC was called in.  Can you believe it! Haz-mats and all. And they wanted to know EVERY place she had been., Every detail.  Being barely able to communicate she let them know all of the places she had been. They traced her steps, they checked her home and all the places that she had been after she had became ill and low and behold the LD was ultimately traced to a BORROWERS home that she had closed a loan for. It seems the borrower had never cleaned/serviced their air conditioning unit and whenever it was warm and they turned it on it was blowing the LD bacteria into the air and our unfortunately notary had breathed this deadly bacteria in while she was there closing her loan. Our notary let me know that the house itself was filthy and she says now with her near death experience she will never enter a filthy home again.

No more dirty homes
She says that if she arrives to a house  that is not clean for notary work, she will not set foot in it. She immediately (but kindly) offers to take them for coffee and they sign the paperwork at the coffee shop. No exception! She told me that she had to learn allot of things all over things that we just do naturally and take for granted, like eating walking, etc. The disease had essential destroyed her immune system and left her weak…so she felt that no signing job was worth what she had been through..so NO more dirty houses.

The borrowers were immune
What got me is that the people that lived in the house never got sick…the CCD said that because it was their filth they were immune to the bacteria. But any friend, worker, etc that entered that house and stayed any length of time on a hot day with that uncleaned air-conditioning running would get deathly sick. So next time a house is really filthy you may want to think twice about entering it.
Until the next time. Be safe!

.

You might also like:

Some folks feel more comfortable with a strange female in their house
http://blog.123notary.com/?p=22243

Murder in a building a week before the signing
http://blog.123notary.com/?p=19272

I’d rather stop being a notary than carry a gun
http://blog.123notary.com/?p=15896

10 ways female notaries can protect themselves
http://blog.123notary.com/?p=19196

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November 25, 2011

Payment terms – set by the Buyer or Seller?

Filed under: Ken Edelstein — Tags: — admin @ 9:11 am

Payment terms – set by the Buyer or Seller?

As often discussed “in the old days” the “Closer” had “pickups” and earned a significantly higher fee than current signing agents. Sure they took risk, but the higher fee (often several hundred dollars) made up for the few that did not fund…..

Fast forward to today. Notaries are the “seller” of their “signing agent services” and the buyers are Signing Services, LO’s, Title companies, Escrow companies, etc.

In every other case that I know of – it is the SELLER who sets the payment terms. The seller / service provider sets how and when they are to be paid. Common sellers are Ebay merchants, Exxon, McDonalds, your dentist, even the babysitter. As the BUYER in almost every case – you make payment “up front” prior to getting the service or merchandise. There are exceptions; when you leave your car for service, you pay when you pick up the car. Or, you don’t get the car and a “mechanics lien” kicks in and the car is either taken or held till payment is made.

What baffles me is the supposed “industry standard” whereby notaries are expected to up front expenses, services, and professional time; in the “hope” of later payment. Some, actually as I read the various posts, many – are never paid.

As mentioned the high fee true “closer” was paid at closing, and “on the HUD” – paid according to law – on time, with other disbursements.

With the proliferation of, to phrase it gently, “problem receivables”; I just don’t understand why so many notaries do not require “up front” payment. Almost all of my individual (non-signing) work is received in advance. My standard answer as to “why in advance” is that it is dangerous for me to go from place to place adding cash – it’s much safer for me to be paid by credit card. “Why in advance?” – because many cards often fail clearance. I tell clients that they receive a nice receipt from PayPal – and I receive a scheduling notification. Simple, clean and effective.

I require the same of all but the highest rated signing related work. Unless they have the best of 123 AND Rotary feedback – it’s in advance or I decline the job. I would not be able to maintain this policy if it was costing me a big chunk of work – but it is NOT. With “pay in advance” I can accept work from the WORST “duds” that most would turn down due to their “no pay / slow pay” reviews. That’s not a problem when the money is already in the account. Why would they do such an about face – because they are desperate to farm out the job to keep THEIR client happy. Soooooo, don’t have a “won’t take work from dud list” – have a PayPal account – and insist the dud’s prepay!

I have brought this subject up in various postings. Again I urge all to open a PayPal account and request/require advance payment. It greatly helps to have a website that provides assurances about your integrity.

It is the seller not the buyer who establishes the terms of the sale. You are selling your services; “they” are buying them. Putting up with the various delays, deductions, and out and out ripoffs makes as much sense as pulling into an Exxon station and asking them to fill the tank and “invoice” you. BTW: using a credit/debit at Exxon is still paying Exxon in advance – just not with cash.

Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com

Please also see:

2018 Good Signing Companies – a thorough list
http://blog.123notary.com/?p=21091

Bouncey Bouncey Paypal
http://blog.123notary.com/?p=21046

Protecting yourself with a contract
http://blog.123notary.com/?p=2593

How far do you go to push for payment terms?
http://blog.123notary.com/?p=22590

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November 20, 2011

The Notary Signing Agent Loan Signing Process & Pitfalls

The Notary Signing Agent “Loan Closing” – Process, Preparation & Pitfalls

Perhaps it would be best to cover the events, from the desire for a mortgage, or re-finance, to funding; chronologically, as the timeline is the only common aspect. The borrower completes a Loan Application (more on the importance of this later), and numerous other documents. These are usually signed at the location of the Lending Institution (bank), in the presence of the Loan Officer (LO). Once approved by the bank, the processing becomes very interesting indeed.

The LO’s bank will lend money to the borrower based on the Mortgage as collateral for the loan. Banks do not like to take any risk whatsoever. What if the borrower does not have “clear title” to the property? To protect the bank, the bank requires the borrower to pay for “Title Insurance” issued by a “Title Co.”. So the next step is for the LO to contact a Title Co. to arrange for the insurance. Note that from this point forward the Title Co. “calls the shots”; as the Title Co. is the only party taking “risk”. If they do not issue the necessary insurance, there is no loan.

Eventually, after the loan has been approved, and the Title Insurance has been approved – usually about 2-3 weeks after the Loan Application; the stage is set for the actual processing of the paperwork. Various documents must be notarized, and it is the role of the Notary Public to check the ID’s of affiants on notarized documents; and there will be many! The mortgage is always notarized; and frequently two copies are processed; in case the messenger sent to record the mortgage at the local county clerk’s office loses it on the way. That actually does happen.

At this point the documents, typically from 80 to 125 pages are computer generated and ready for the Notary Signing Agent to bring to the borrower. But first a qualified NSA must be selected. As it is the Title Co. who is most interested in proper completion of the paperwork, they take on a leadership role to get the documents signed by the borrowers. But, not wanting to actually deal with, or have to select notaries, they often use a Signing Service (SS) to actually choose the notary.

At this point the Signing Agent gets a call asking if they are available to be at so and so location at such and such a time. If not, they call the next agent on their list. If it works for the agent’s schedule, they negotiate a fee. That fee is based on the requirements to process the Loan
Package. Variables include the number of pages, the distance to the borrower, time of day (extra for me to be there at 7AM on Sunday), etc. Also discussed are how and when the package is to be sent to the Signing Agent – overnight, usually via FedEx or E-mail. The latter
has usually has an additional fee. Once an agreement is reached, the Signing Service, on behalf of the Title Company sends a “work order” to the Signing Agent.

Now the ball is in the Notary Signing Agent’s court. Everyone who did anything prior to this point is depending on the NSA to get the borrower’s signatures and initials completely, and to do the requisite notarizations accurately. The NSA must also make sure any “non borrowing spouse” is present to sign docs as required by state law. There is much for the NSA to do. First the borrower must be called to confirm the “work order” as to contact information and address and to verify the scheduled time of meeting; and that all will bring proper ID to the table. Next, the NSA must receive and print two sets of the loan documents (borrower copy and bank copy). A good NSA will explain what will take place at the “signing” and remind the borrower to have their photo ID (and a copy to submit) ready for the meeting. A really good NSA will ask the borrower what name is on their ID, as the property “vesting” name sometimes differs from the name on the borrower’s ID. If so, the NSA contacts the Signing Service to get the documents corrected, or the borrower finds appropriate ID matching the documents.

Finally, usually with barely enough time to print and drive; the E-document is received and two sets printed. If there is adequate time after printing, some NSA’s like to pre-notarize the documents so they are able to devote their full attention to the signing process. Map in hand, GPS programmed, hoping the traffic is light; the NSA departs for the scheduled meeting with the borrower. A good NSA always uses a GPS to find the borrower’s location and does not get lost in the process. After dark jobs usually require a powerful flashlight to see house numbers in
residential neighborhoods.

The NSA shows their ID and requests the ID of the borrower(s). Then, the page by page completion of the documents begins. A single flaw, omission, or unreadable date (usually by the borrower) will often result in a complete re-draw of everything. The experienced NSA knows to “swap a page” from the borrower’s copy to allow a redo of a page with an error. The process usually takes about an hour, depending on the size of the Loan Package, how much the borrower wishes to read, and the amount of information to be entered. Often the borrower has questions and “attempts” to contact the LO. If, as is sometimes the case; the borrower receives the package directly, days prior to the Notaries arrival; they are expected to read it and ask their LO any questions. But, some borrowers want to ask questions of the Notary Signing Agent.

Title Co.’s and Signing Services tell the NSA to “explain the documents, but do not give legal advice”. It’s a really fine line between the two. Most NSA’s choose the side of caution and only define terms and assist the borrower to find documents with desired information (the interest
rate, the APR, the pre-payment penalty). At this time, the computer generated replacement for the original hand written Loan Application is signed. This is one of the most important documents. It is on this document that the borrower has made claims about their credit
worthiness, salary, etc. Any false statement on this document would allow the Lending Institution to demand the loan be paid in full immediately! Also, many of the numbers on this document will be wrong – because time has passed since it was originally signed – some debts
shown will be higher or lower.

Having been on several thousand signings the environmental aspects of the borrower’s premises are worthy of comment. They range from a well lit kitchen table in an air-conditioned room – to, and I am not making this up – a fruit fly infested room where the borrower pursues his
hobby of “naturally” raising Iguanas! There are many other pitfalls. In New York, the Notary is mandated to only use black ink; but Pinellas County, Florida will not record a mortgage unless all signatures are in blue ink! I have been asked several times (verbally, of course),
to “backdate” my notarization date, as the papers have expired (borrower out of town, rate lock expired, etc.). In New York that is called Forgery, a class D Felony – worthy of seven years in prison!

Finally the documents are signed and notarized, the borrower given the Notary Oath – and it’s off to FedEx to ship the documents to the Title Company. Well, not exactly. First somedocuments must be faxed, (lots of them if it will fund same day); and an airbill very carefully
prepared. Phone calls must be made to report success or failure “at the table”, and an invoice prepared. At last all is ready and the papers are handed off to FedEx.

Although the borrower thinks the “closing” has been completed – it actually has not even started. If I was a true “closing agent” – I would have a checkbook and be able to write the check on the spot. It used to be done that way many years ago. Now, the papers are received by the Title
Company and they review them for errors. If their included documents, often called “junk docs” (because they tend to be 4th generation Xerox copies), are completed and notarized correctly they approve issuance of the Title Insurance and pass the paperwork to the Lending Institution. At that time the papers are again reviewed, this time the review is for the papers that originated from the bank. The bank, with the knowledge of Title Insurance approval; will at last do the real “Closing” – which allows for issuance of the check that the borrower has been seeking.

Thus, the Notary Signing Agent is an integral part of the process. Important documents are notarized to assure the validity of the signatures. No system is perfect. A notary can be fooled with a good forgery. So can a State Trooper, with a phony Driver’s License. But, the bulk of the
impersonation potential is filtered at the source by the NSA’s diligence in pursuing valid ID and using their stamp and embosser on documents. Borrowers like to sign papers in the comfort of their own home/office – at their convenience. The licensed and professional notary, though a part of the system that caused the recent mortgage “melt down” disaster; was never a causative factor. If not for the diligence of professional notaries pursuing the NSA craft, things would have been much, much worse.

http://kenneth-a-edelstein.com

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September 20, 2011

Notary is pushed off stairs by borrower!

Well, I thought I had heard it all.  I hear a lot of wonderful, interesting tales here at 123 from our members. Some are entertaining and funny while others are very sad and depressing. This, unfortunately is one of these stories and unfortunately it is the worst to date. It is nothing short of horrendous and shameful. Although I have her permission to tell her story, I promised her I would not reveal her or the area she lives in. So, here we go…

This particular notary public who is female took a signing from a signing company, she confirmed her appointment, prepared her docs and met her borrower at the the specified time. As she went through the documents, he saw that his interest rate was 1/2 percent more than he had been told. He then became enraged. He requested (using vulgarity) that she leave his home immediately. She packed up her things up and prepared to leave the premises.  As she proceeded to the door the  borrower followed, continuing to rant and rave using foul language incessantly. He was VERY angry with this 1/2 of a percent increase that nobody had bothered to inform him of (sadly, a  story we all are familiar with and have heard many times)  and, to top it to make matters even worse off, the loan officer had not been in contact with him and had been unreachable for several days.

So, as she walked out of the door onto his front porch. There were 4 steps to go down to the walkway that would lead to her car… But, before she could take that first step — with the force of both of his hands on her shoulders he pushed her down and off the porch. She went flying off the porch, and by the grace of God she somehow pivoted her body onto the grass instead of his cemented walkway  that was directly in front of her but unfortunately in trying to break her fall she broke her left wrist. In disbelief and shock she just laid there. The borrower went back into the house and shut and locked his door.  However, fortunately for her, the borrower’s neighbor who was mowing his lawn at the time witnessed the whole thing. He called out to his wife to call the police and the paramedics and he came to her aid and sat with her until they arrived. (A knight in shining armor). The paramedics attended to her and after the police got the story from both the notary and the neighbor one of the officers went to the door of the borrower , rang the bell and the borrower did not answer. At that point the officer yelled out to him to open the door or else. He did eventually open the door, and then was immediately  handcuffed and  placed under arrest and was put in the back of the police car.

Now folks get this — as the paramedics worked on our notary public to prepare her for the trip to the hospital and the police filled out their report the borrower (hand cuffed in the back seat of the police car) was still ranting  and raving non stop with vulgarities that they (the police and paramedics) needed to get this you know what off his grass and property. One of the police officers obviously fed up with this behavior as well as the noise went over to the borrower and told him that he needed to shut up and slammed the car door. He then asked the neighbor if this  behavior was characteristic  of this man. The neighbor and the wife just looked at each other and nodded yes… I just cant believe this man and his behavior, I am still in awe of all of it.

The paramedics said that if she had fallen  onto the concrete instead of the grass she would have broken both wrists and god knows what else in the process. All things  considered she was lucky-it could have been way worse.

She ended up staying in the hospital of 4-5 days instead of the day and half  she was originally told due to an infection she developed in her wrist.

Now it is 1 month later and she is finally back to work. She is healing well I asked her how she felt about her career now (she is a full time  signing agent) and if she felt like giving it up…and she said no way. She says she loves her job and knew this was just something that happened. Kudos to her! She and DA have filed charges and he has 3 counts against him and there will be a civil suit as well. I hope he gets ALL that is coming to him….I say throw the book at him.

Now, of course the signing service that gave her the assignment wants to know why the loan wasn’t closed. Well get this; When she called in to tell them  what had happened from the hospital — the person on the other end of the line laughed and said “you could have come up with a better excuse than that”. So, in order to clear her name she had to send in the police report, hospital records etc….( and yes she did manage to call the day of the signing)

So, all of this leaves me with a few thoughts. I really feel that this could have been avoided if the loan officer had done his job. This is so often the case where the loan officer knows exactly what the numbers are way ahead of time but avoids sharing this information with the borrowers and we go out at the final hour when they know these borrowers are desperate and for the most part are stuck and cant turn back now, and they regrettably just sign. And we get stuck in middle — and in this case — pushed down a flight of stairs. Now some of you will disagree and put up a fuss but this is why when I call and confirm with the borrowers I ask them has the loan officer been in touch and have they gone over the figures with them. If the answer is yes then I ask them what are the numbers supposed to be. This way if the number con-inside with what I see, we are good. If not, I can alert the hiring party that we have a problem before I waste the borrowers time or MINE.  I can avoid problems at the table-situations like the one I just described to you here. (aLthough it is rare and the first time I have heard such of a thing happing it is now a reality that it is possible). This technique does not always work but it is sure worth a try. And it might save you some trouble. I have been doing it for years. Now I know some of you will chew my head off about this technique of mine but this is my business and I run it as I see fit-just as you will run yours as you see fit. But, remember this is for the most part why are economy is shot…to many lies and games being played in the refinance word, and we are usually abandoned and stuck in the middle.

Now, most of you know I preach about your worth and the fees that you charge — this story just reinforces my feeling that you need to be paid what you are worth. I know this is an extreme case but we stick out necks out every time we take an assignment. We NEVER know where our notary public assignments will take us or what we will have to deal with when we get there. We deal with bad attitudes, late documents, traffic, bad neighborhoods, filthy homes, terrible smells, pets, incompetence, etc., and sometimes bad people. So my point is you need to be paid what you are worth. If you continue accepting these low fees that they are offering nowadays not only do you hurt yourself you hurt all of us: the notary community as a whole…..Now in this case a higher fee would not have stopped his unthinkable behavior but I feel that because we deal with so much adversity in this business we need to have our pay more in line with our efforts and the things that we are subjected too. For me, without fair compensation this profession is just not worth the effort or trouble.

Until next time!! BE SAFE!!

Written by Carmen Towles

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Part 2 of Notary is pushed of stairs – the sequel!

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