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Borrower Thinks Notary is Identity Thief?!

By
Services for Real Estate Pros

What did the LO tell the BO? Did he have her prepared for a Notary Closing? 

I received a call on last Thursday, from a signing service that I do a lot of signings for. They needed me to do a closing the next morning, early, just a few miles away, meeting place was a local bank.

I accepted and that was the beginning of a pure nightmare.

The documents arrived via email that night–great start so far.

I noticed that the lender was a branch of the same bank were meeting at, in another state.

Everything is set and I arrive a few minutes late the next morning due to some road construction.

Upon entering the bank, I notice it is someone’s birthday as the place is decorated inside and out. I approach one of the two tellers and inform her I am there to meet a Ms. Jane Doe. The teller sort of giggles and says, “That is her.” while pointing over other customers’ heads.

The teller states that they are confused as to what is going and offers us a place to meet. She says, “We don’t have a place with a couch.”

I tell her we need a desk or table and some chairs to get these documents signed.

She says, “We have a great conference room. Jane, if you will, turn the lights on when y’all go in.”

This is a small town and a small bank. The conference room is nice and nestled in the corner of the building, on the other side of the entrance doors.

We introduce ourselves to each other while the teller is talking at us. Then we go into the conference room.

I get my briefcase open and get out my notary seal, venue stamp and information stamp (It has my printed name, county of election and commission expiration date.) I get out my notary journal and two ink pens, the documents and my business cards.

I ask Ms. Doe if she has copy of her DL for me to send back with the dosuments. She looks really surprised and says no. I explain that we need to send a copy back with the documents or the loan will not fund and show her the document that says this.

Ms. Doe asks if I have access to the copy she sent in to the LO. I tell her no and that this copy and the documents are going back to the TC.

Without asking her, she hands me her DL. I go over the bottom line of the HUD1, asking her if the amount of $22.00 9not the correct figure.) Is the correct amount for her to be receiving. Her reply is in the affirmative.
I hand her her copy of the documents, explaining for her to go ahead and read over the documents while I fill out my notary journal.  I also hand her a business card.

She asks, “So, you are a notary public?”

I answer, “Yes, ma’am.”

She asks if I work for the title company. My answer is simple, “No, ma’am. I work for myself. The title company hired a signing service and they contracted with me to ensure your documents are signed and notarized properly.”

We continue on, her reading over the documents and me filling out my notary journal.

When I get finished, I hand her DL back to and state that maybe the bank would make a copy of her DL for us.

She takes them from me, stands up saying, “Okay.”  Then she asks, “If we had met at my home and I did not have a copy, what would you have done?”

I asked did she have a scanner on her computer. She replied she did not. So I answered that I would have had to have taken a photograph with my digital camera.

She sort of “humphed” and went off into the bank.

In 5-7 minutes she came back, stopped just inside the doorway, leaned over, snatched her purse off the table and then jerked my business card off the table. She marched back off into the bank.

I waited fifteen minutes. I stuck my head out the door and could not see her. I was not going to walk off from her documents or my journal so placed them and everything else back into my briefcase and went in search of her.

I saw her in an office, alone, on her cell phone and     walked over to the doorway. She was not talking and appeared to be on hold. I spoke, “Ms. Doe, is there a problem? I need to know as I have other signings scheduled for today and need to stay close to on schedule.”

No response other than she looked at me as if I was insane for speaking to her.

I try again, “Ms. Doe, I generally do not wait more than thirty minutes to begin a signing.”

At this ppint she literally stuck her nose up and turned her head away from me, and a femal bank employee came up behind me, she began speaking, without ever introducing herself to me.

Employee, “So, you are a public notary? Why do you have those documents?”

Me, “I am a Notary Public. I have the documents because I was hired by your employer to ensure they were properly executed.”

Employee, ‘you have no right to have those documents. Give them to me NOW. We have a real NOTARY PUBLIC and a loan officer on duty here.”

Me, “ Ma’am, I can not give you these documents. If Ms. Doe decides not to sign them, I can not leave a copy with her.”

Employee, “You have no right to have those documents, they belong to us. Gove them to me NOW.”

Me, ‘They belong to a branch of your bank in another state. I can not give them to you.”

Employee, “I just spoke to the originating loan officer and he said for you to give them to me.”

Me, “He did not tell me to give them to you.”

By this point the employee is blocking my route to the exit door. She looks around me and asks Ms. Doe just what is wrong with the documents, are the fees correct or just what is wrong. Ms. Doe snubs her the same way she did me!

The employee is so distraught she forgets she is physically blocking my exit and I take the chance to go to my car.

I call the SS and speak to Tommy. He says that the lady says I was rude and was trying to steal her identity.

He had heard the conversation after I found Ms. Doe, as he was who she was on the phone with. He had been explaining to her that it was a requirement for me to obtain a copy of her DL to return with the documents and that I could not leave the documents with her or the bank.

While he was on the phone with her, the bank was calling the TC and the TC called Tommy on another lie and told them simply, “you are off this.”

While we are talking I start my car and head home. TC calls Tommy back and says for me to turn around and take to documents back.

I ask who is going to pay my print fee. No travel fee requested, just my print fee. TC informs no one is goig to get a dime for this.

Tommy is a great customer of mine and so I do go back. I ask him to call and tell the bank I need a receipt for the documents before I will leave them.

He agrees and does so . I walk back in and the same employee walsk out of her office (all the inside walls for this bank are glass.) She writes me a receipt on a letterhead, printing everything but her name-it is in cursive in the body of the receipt and the signature and not legible.

Tommy calls my cell as I am leaving the bank and tells me that the bank employees were looking for M. Doe to go ahead and close the loan for her. They could not find her. Someone noticed her car was in the parking lot and then they found her in the restroom, crying with the door locked!

I have gone over this in my head and with several other NSAs over the weekend. No one can understand what happened.

Tommy knows my work well, and he knows I was not rude to this lady, or anyone else. That would serve no purpose but to ruin my business. A business I love and take great pride in.

The bank employee was mis-informed as was the BO.

All they had to do was ask for my id. I would have been happy to have shown her my DL, my commission, my Tribal ID, my business license, my notary bond and my E&O policy. She never asked.

Of course, she sort of lost credibility when she accused me of trying to steal her identity. Really, I mean I met her at a bank. She decided on the time and the location. I had her loan documents.

I have done many closings in the neighborhood she lives in. One of her neighbors has been friends with my husband for over 45 years.

Just what had the LO and/or TC told this lady was going to happen?

Note–All names and dollar amounts have changed to protect the identity of the BO, SS, TC, and Lender.




Posted by

Mary Ellen "Chakwaina" Elmore

 

Bob Murphy
Keller Williams Realty Consultants - New Albany, IN

Mary Ellen it sounds like the LO didn't tell the borrower anything.  However I have personally seen clients who were told everything twice swear they weren't told anything.  So in defense of the LO maybe this is the case here.  However I have also attended closings where the borrower had no idea what the numbers on the HUD1 were and what those numbers meant to them.

In my state the REaltor (of which I am one) is required to attend all closings.  Seems to me the LO should be required to attend as well.  They are not.

As Realtors and LO's we are or should be helping people spend more money at this one moment then they have ever spent before in their lives.  We should all take such a matter seriously.

Sep 20, 2009 07:50 PM
Bob & Leilani Souza
Souza Realty 916.408.5500 - Roseville, CA
Greater Sacramento Area Homes, Land & Investments

What an awful experience, Mary Ellen...sorry to hear you had to go through that melee that seemed to be caused by lack of communication between Tommy, the borrower and the bank. :(

Leilani

Sep 20, 2009 09:53 PM
William J. Archambault, Jr.
The Real Estate Investment Institute - Houston, TX

Marry Ellen,

At least no one took a swing at you. When I was new the brokers did all the closings, our company had a closing department with a very nice lady in charge. I was at the closing as a duel agent. The sale called for 30 possession, after every thing but the goodbyes were done the buyer's wife ask if they could have a carpet man stop by to measure the living room for mew carpet. The seller's wife shouted no one's changing my purple carpet, it's nearly new ant sludged the buyer, toreup the deed and the check. It never did close.

Bill

Why is there a Vontgage ad in your blog?

Sep 20, 2009 10:11 PM
Dick and Dixie Sells
Sells Real Estate, LLC - Trinity, FL
Realtors, Tampa Bay Florida Homes For Sale

Wow  I read the whole story twice and it is unbelieveable. I am a title agent as well as a notary and of course my main job as a broker, but never have I seen anything near to that. That is a story for the record books. Sounds like it was a misunderstanding that snowballed down hill fast. Sorry you had such a situation!

Dixie

Sep 20, 2009 10:32 PM
Mary Ellen Elmore
Nunnelly, TN

Bob- I am not sure what happened. It truly sounded as if this woman was very fragile. She actually hid in the bathroom and locked the door!

The bank employee insinuating that I was not a real NP was bordering on the absurd.

 

LeiLani--Tommy was doing all he was suppossed to do. The TC had set up the date and time with the BO. She had requested the bank as the meeting place. Yet she walked in the bank wanting to know when and who she was suppossed to talk to. She thought, apparently, that even though she had calling a LO in Florida that the local branch was handling everything.

 

Bill--If anyone had taken a swing at me, they would be sitting in a jail right now.  The Vonage thing is a referral from me for those who wish to try it to get 2 months free service, business or residential lines.

 

Dixie--Apparently this lady was very afraid of identity theft and her automatic assumption is that eveyone is out to steal hers.

Sep 21, 2009 03:36 AM
Terry Lynch
LAR Notary and Closing Services - Saint Clair Shores, MI

Mary Ellen

What a surreal story. I hope I could have handled it as well as you did. I too read it twice and still can't understand what happened.

 

 

Sep 22, 2009 04:46 PM
Anonymous
Rocco Simone NH NOTARY

 I just had some thing very similar happen, in 19 closings every one gave me copies of their
Drivers License, on the 20 th a person refused to give me a copy or let me take a photo with
my camera,  and Reported me to the signing service as being rude,  for asking for this copy,

  My new thing is to ask the Bank or Mortgage company  to provide me some thing in writing

stating that we need a Copy  to be sent with the Doc's .  So it is them not me asking for this
information.

Sep 25, 2009 05:13 AM
#7
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

WOW Mary Ellen, what a 'cluster F'. So sorry you had to endure that.

We ALWAYS explain notarization to our signing clients. The notary will require positive proof of your identity including photo ID and even some will get a pawprint.

Sep 26, 2009 05:25 AM
Patrick Scott
OConnor Title Guaranty, Inc. - Chicago, IL

Mary Ellen,

I can't explain the borrower's behavior.  I can say that I would not press the issue if a borrower was uncomfortable with providing a copy of their ID.  I would note that the borrower declined to provide it.  The title company can usually get a copy from the broker or lender, if they need it.  If not, they can contact the borrower on their own.

I agree with the others, though.  It sure sounds like a Twilight Zone episode, the way everyone reacted.

Sep 26, 2009 06:25 PM
Mary Ellen Elmore
Nunnelly, TN

Terry-SURREAL is a great way to state what it felt like. Especially after the bank employee started backing her up that I was not a notary public.

 

Rocco--In 6 years, all my packages that wanted copies of ID had a written something in there stating that, and I had it this time. I showed it to her. She then asked if I had access to her file of information that the loan officer had. Of course I told her no.

 

Candice--That is another great way to describe what was happening. The TC, LO and SS had explained this to her and before I even knew there was a problem, she and the bank we were meeting in, had called all these people and had it explained to them again.

 

Patrick--Maybe I should have looked around for the camera. LOL

Sep 28, 2009 02:44 AM
Denise OnullDell
Santa Clarita Mobile Notary - Santa Clarita, CA
Mobile Notary Public/Real Estate Agent

i would have to agree with Comment #9 from Tommy.  If a borrower refuses to provide a copy of their driver license (which I request when I confirm the appointment--if required), or if they are unable to make a copy, I tell them they can fax a copy to the title company or LO as soon as possible.  That usually works and I've never had a problem.

I recently had a signing where the wife of a borrower yelled at me in a very loud and rude tone because she was not on the loan documents.  When it came time for her to sign the grant deed she went ballistic.  She said she didn't trust anyone.  I calmly told her there was no need to yell at me and reminded them of the 3-day right to cancel.  

She slammed the docs on the table and stormed out of the room.  The husband had to go calm her down and she finally came back and signed the deed.  She never even apologized for her rude behavior.

Usually there is a grant deed putting the wife back on title, but in this case the TC did not include it with the docs.  I immediately called the LO from the signing table so he could reassure the borrowers the matter would be taken care of. 

It was a very stressful situation to say the least, but I felt I handled it in a professional manner.

As notary signing agents, we face some difficult and stressful situations.  In my opinion, we aren't compensated nearly enough for the hard work we do -- especially if we're working for a signing service.

Take care ~

Mar 07, 2010 06:46 PM
Anonymous
Find Notary Public in Hawaii

does anyone knows where to find a notary public in Hawaii?

Mar 23, 2012 09:22 PM
#12
Mary Ellen Elmore
Nunnelly, TN

Please go to one of the following websites:

 

Hawaii Secretary of State

NotaryRotary

123Notary

Dec 13, 2012 02:40 AM