This is NOT an April fools joke. (I wish it was)

Unfortunately it is very real and my question to you is very real too. What do you do? Does anybody have an idea?

We had a closing late last night, it was a courtesy closing where the title company out of Texas hired a notary here in Florida to do the closing. All was signed and done and I stressed the point that the closing papers have to get back to the lender that night and even gave her all the lender contact info again. She promised to do this as soon as she gets back to the office (her house) Well since 7 am this morning everybody is going crazy the closing papers never made it back to the lender. I called her and she gave me a bla bla bla answer but promised to do it ASAP.

So, now , 13 hours later, it is 8 pm and nobody can find her, she does not answer her phone and the closing papers are still "lost"

Any suggestions? Every idea is appreciated.

 

Update after reading 80 something comments

Thanks so much for all your suggestions, I learned a lot.

below is the whole story and again I did NOT make this up.

http://www.southbeachesflorida.com/post/1014744/in-referance-to-my-last-post-here-on-ar

 

Have a nice day, unless you already have other plans.

Anne

      

 

 


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Anne Hensel  Real Estate Broker in Teasure Island St Petersburg

AnneSouthBeaches@gmail.com   

www.SouthBeaches.info

727 410 7777

 

79 Comments on What do you do when the notary runs off with your closing papers?

20 Most Recent Comments Displayed Show All

APR
02
2009

Anne this is Incredible! I'm glad the UPS package was located and on the way before I arrived to read about it....I'll tune back in for an update and hope all parties to the transaction work toward the same goal to get it closed. whew what an experience!   - btw - which side of the transaction choose Title?

4:08pm • #61
1,138,396 Points 91 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Guess she ran off into the sunset.

Sorry, I know, not funny.

Good luck dealing with this one.

4:10pm • #62

I would definitely contact the Secretary of State to file a complain.  Good Luck!

4:39pm • #63
1,013,694 Points 4 Featured Posts

Wow hope it all works out, but I believe the time frame is still when it was notarized so legally maybe you're ok.

7:00pm • #65
439,991 Points 2 Featured Posts Outside Blog Called Shot Master

Hi Anne~ What a horrible experience!  I am glad the papers are on their way.  Keep us informed.  I hope it all works out ok.....

7:07pm • #66

This is an amazing story! I would check with the National Notary Association for her contact information, bond, and E&O insurance.

All joking aside...this is a serious issue that should be addressed with the Secretary of State so this never happens again. Sadly, this person gives all notary's a bad name. Unless there was some life or death tragedy that kept her from performing her duties.

I did not have time to read all the comments so I hope this bad situation was resolved without a monetary penalty to the buyer.

11:42pm • #67
APR
03
2009
322,566 Points 18 Featured Posts Localism Sponsor

The borrowers will probably have to re-sign again!  Bummer....

Join my new AR group and post your blog at http://activerain.com/groups/virtualoffice

Regina P. Brown

12:12am • #68

As both a Realtor and a Notary, after reading about this I'll NEVER participate in an off-site signing either as an Agent or as a Notary.

I hope that you're doing ok and that you never have to relive anything like this!

Jo-Ann Cervin
1:31am • #69
407,335 Points 8 Featured Posts Localism Sponsor Outside Blog Hit Router Attended Rain Camp

 Update

So, the package finally arrived at the Title company via UPS (notary still missing) Title company looked at the package, of course notary had forgotten to get some signatures for FHA loan from agents. So listing agent and me had to sign additional closing papers. Title company send paperwork to lender late yesterday and lender funded money. I really hope it is over now and my buyer actually legaly owns the home BUT check this whole situation raises more questions as to

WHEN do you wn the house? Keep in mind, last day of contract was tuesday. Buyer signed papers on tuesday but seller did not get his money till late Thursday night.

I just wrote a post with more questions http://www.southbeachesflorida.com/post/1016278/when-do-you-own-your-home-

So, what is your opinion? Did the buyer own the house when he signed the paperwork r not?

 

 

 

http://activerain.com/blogsview/1016278/When-do-you-own-your-home

 

7:03am • #70
407,335 Points 8 Featured Posts Localism Sponsor Outside Blog Hit Router Attended Rain Camp

Regina, that is what I thought, but one twist to all of this was that the appraisal came in much higher that our agreed upon sale price and the seller had a cash buyer waiting in line. So could the seller have backed out?

7:07am • #71
407,335 Points 8 Featured Posts Localism Sponsor Outside Blog Hit Router Attended Rain Camp

To everybody that thought something bad had happened to her. The answer is no, just didn't do her job, did no think is was so important to fax or e mail paperwork back.   Simply ignorant. AND she switched her phone off because it was inconvenient that all these people called and ask for the paperwork.

7:12am • #73
407,335 Points 8 Featured Posts Localism Sponsor Outside Blog Hit Router Attended Rain Camp

Charles, that is what I hope for but keep in mind, the lender could not fund the money, so the seller did not get his money in time, it was actually released late last night . So did the buyer actually owe the house after signing? Imagine you are the seller, would you consider the home sold because the buyer signed a bunch of paperwork? If I was the seller I would NOT consider the house sold till I had my money.

7:16am • #74
407,335 Points 8 Featured Posts Localism Sponsor Outside Blog Hit Router Attended Rain Camp

Erica, you guess was wrong, she simply did not do her job, went home went to bed, did all kinds of things the next day, never faxed or e mailed it back but sometime on Wednesday dropped it od at UPS. She KNEW the paperwork had to get back to Title company the same night.

7:20am • #75
407,335 Points 8 Featured Posts Localism Sponsor Outside Blog Hit Router Attended Rain Camp

Teresa, I am on the buyer's side. He would have been totally stressed out if he knew about all this, but luckily he went to Disney world right after closing and had his phone off.

7:22am • #76
407,335 Points 8 Featured Posts Localism Sponsor Outside Blog Hit Router Attended Rain Camp

Ray, Corey and Eric, YES, this is the scary part. This whole situation has raised so many questions.

The buyers usually sign all papers and walks away from the closing table thinking they now own the house, but do they?

What determines ownership transfer? Usually it all happens pretty much at the same time.

buyer signs closing papers and mortgage paper, seller signs deed, title company which already has buyer's deposit and lenders funds in escrow writes checks to every body, buyer takes possession of home.  DEAL IS DONE

But in my case, all paperwork is lost and seller did not get funds until two days after official closing.

I hope I am wrong but we were out of contract on Tuesday night, so could the seller have backed out because he did not get his money?

7:31am • #77
407,335 Points 8 Featured Posts Localism Sponsor Outside Blog Hit Router Attended Rain Camp

Barb, she wanted to know if I also worked in another county because her mother was looking for a Realtor, so I promised to find her a referral. But you thought was on target, when the paperwork finally appeared some signatures were missing.

7:35am • #78
316,880 Points Attended Rain Camp Called Shot Master

Gosh -- quite a subject and tale of what can happen along the way to getting to a Closing!!  I think the bottom line, AFTER much stress on buyers and agents part there was a happy ending for the Buyers?

Regards,
Sue of Robin and Sue

4:33pm • #80

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Anne Hensel Realtor Broker St Pete Beach - Treasure Island - Madeir, South Beaches Real Estate Professionals (South Beaches Real Estate Professionals) Rainmaker_large

Anne Hensel Realtor Broker St Pete Beach - Treasure Island - Madeir

South Beaches Real Estate Professionals

Saint Petersburg, FL

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South Beaches Real Estate Professionals

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