Yesterday, I received an Email from one of my clients [Signing Service]. It explained the following loan signing experience from the title companys' and Notary Signing Agents' perspective. [NOT ME, but it easily could have been me]
Closers perspective:
- I want to explain to you what happened tonight because I think the title company got upset with me. I went to this closing tonight and the borrowers did not even have a clue of what was going on. To begin with they were an older couple that are super cautious.
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When I first started I went over the HUD with them and explained it all to them. There were mistakes with it in that there was a creditor that was being paid that was not supposed to be on there (they had provided proof to the LO) and other amounts to other creditors were incorrect. We tried to contact the LO, but he was gone for the day but we were able to speak to his supervisor. He assured the borrowers that the creditors would be corrected and the difference would be added to the monies they were going to receive. The borrowers seem to be okay with that and we continued.
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I then explained to them that I will go over some important things with them as we come to them and they said okay and started to sign. Every page the husband had to sign he kept repeating that he does not know what he was signing and the wife had to keep telling him that it was the same thing (the HUD) and that she was watching what they were signing.
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After we got the HUDs signed came the title docs. When the first one came she asked me what is this, I explained to her that the next set of documents were the title docs and some affidavits. They continued to sign but she kept stopping to read all the pages. I again told her not to worry that I would go over the important numbers and documents with her and again explained to her the 3 days of right to cancel that they had. They would just keep repeating that they knew that but they cannot sign something without knowing what they are signing because, as her husband would keep repeating to me, "once they sign it, it is law".
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I tried over and over to explain to them that I could not sit there while they read all of the pages, that I would review the important things with them and their right to cancel but they were a stubborn old couple that would not budge.
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I called the title company but could not reach them either. The title company then called me back and asked me what was wrong and I explained to him and told him that I could not sit there 3 hours while they read the documents. He asked me "why not" and I told him that I had another closing to go to and he did not like that. He gave me attitude and hung up with me to apparently call the signing service and complained.
- I am sorry that the title company got upset but I cannot sit there 3 or 4 hours so that the borrowers can read all the documents because their LO never explained anything or advised them of anything before. They were asking questions and I tried to help them as much as I could. I showed them where to find the information they were looking for but when we got to the beginning of the lender docs which you know the first 24 pages is just the lender instructions they wanted to read it all. I told her what it was but they said no they were not going to sign something if they did not know what they were signing.
- Please let me know what, if anything, you would have done different. Hope to hear from you soon.
Title Company's perspective:
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The unprofessional behavior that the notary displayed last night will not be tolerated. If I was a loan officer, and she spoke to me that same way, the title company would have lost business. In this current market, with mortgage companies crumbling around us, we cannot afford to have a closer that is a liability. Normally, I give your closers the benefit of the doubt, but last night I witnessed it first hand. I would like to speak to you so we can get something figured out as we move forward.
Obviously, I have my opinions about the situation, from a notaries point of view, having been in similar situations myself. And do keep in mind, maybe the notary was speaking with an attitude, maybe they were very pleasant. Not having been there, we will never know. For arguments sake, let's say the notary was speaking in a non-argumentative, polite, respectful manner. Knowing that it is very possible the LO did not fully communicate things to the borrower, but on the other hand, they may have, and this just might be one of the couples that are just plain difficult to deal with. I know myself once, I had a Reverse Mortgage signing where the borrower actually received the documents sent to him on a Tuesday for a Friday signing. This in itself is pretty unheard of these days! Then when I got there, the borrower also wanted to read everything. I explained to him he still had three more business days to review, PLUS I kept asking him, you have read these for the last four days, correct? He said yes, but now he was looking at it from a different perspective. I really do not know what his deal was, but it took me over three hours as well. Considering he had four days already, and three more additional days to review the documents, this should have been a 30-45 minute signing, not three hours! My situation was clearly not a situation of LO not explaining the documents, but I have had others where that was likely the case. My question to you AR'ers, especially Loan Officers, Title Companies, and Notary Signing Agents, what is your take on this situation? How would you feel if you were in this situation -keeping in mind all points of view. I'm curious about different perspectives on what happened (again, assuming the notary was not rude or speaking with any attitude) and how you would handle this situation.
09/24/07 BLOG UPDATE - REMEMBER, this was not me, but it easily COULD have been me. I would like to hear LO/Title Co's point of view, if you do not want to say it publicly in comments, I would love to receive comments by email as well. Also I am thrilled with the comments below, they have already been very insightful! Thank you very much!
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I too have been in similar situations. I honestly feel that if I am going to the borrowers home to complete a loan signing, I will make it my job to ensure they understand what they are signing. I am not point and sign notary! Sitting in a signing for hours as the borrower reads the documents, it is their prerogative. You take each job as its own and sometimes they will last a lot longer than expected. It is all part of the business. Most of the times my signings run over is mostly because of casual conversations! I am a very friendly person and will talk when talked to. I too would love to hear the points of views from the opposing teams though.