I did one seller’s package signing for Signature Mobile Services, LLC, owner’s name is Jakesha Vaughn, agreed payment was $65. They charged $190 from the escrow for this signing .
They uploaded docs at 2pm through snapdocs, agreed signing time was 3pm , they need both scan back and someday drop. I failed to do someday drop , as there was traffic to signer’s home, around 30 minutes single way and I need to do scan back .
Now I got notice from them payment for me for this signing is 0 as I delayed drop off and cause closing delay. This is so ridiculous, as I did scan back to them at the same day. How it can delay seller’s closing? Please avoid this company.
Texas Penal Code - PENAL § 31.04. Theft of Service
(4) the actor intentionally or knowingly secures the performance of the service by agreeing to provide compensation and, after the service is rendered, fails to make full payment after receiving notice demanding payment.
(2) the actor failed to make payment under a service agreement within 10 days after receiving notice demanding payment;
I guess they are saying you failed to deliver the service that you promised when you accepted the assignment which in their minds that is a breach of the contract.
So sorry that this happened to you but you may have to write this one off and add it to your lesson learned about last minute requests
I’ve addressed this issue in several previous posts, and as a heads up, I am playing “Devils Advocate” here based on my own experience. Scan backs are not used to close a loan. They need “raw ink” to do that. Scan backs are used for review purposes to identify any errors prior to processing the raw docs for the actual closing. The date they have set on their end for final settlement (closing) has nothing to do with us, nor is it our concern. They were simply counting on the notary to commit to what they were hired for, whether they cut that time frame short on their end or not, they did stipulate what they needed, and sounds like you accepted in this case. Yes, crap happens on our end! Did you call them notifying them of the issue, or just drop the docs next day? (Big game changer here)
I agree with you, the timing you described is off: One day to prevent a closing? What if the carrier had a delay on their end by a day? What would they have done then? Most “experienced” entities in this industry leave a buffer for such incidentals.
My advice? Call the lender/Title Co directly and verify that the loan did in fact get delayed “DO TO THE DELAYED DROP,” as it appears SMS,LLC is just a SS company. The answer you get will determine your next steps to take (if any). If they still use your original docs to close, even if late, you are still entitled to some sort of compensation (maybe a deduction applies here) because they still benefited from your services. If they had to do a redraw and send another notary out, then you might be stuck on this one. Again, only the Lender/TitleCo can confirm this. Hope this helps!
Yes, most states have such laws IF it applies here. Not enough info in their post to determine much. The notary instructions sent to them would clear some things up for us to better assist.
This is new to me (but wouldn’t be the first time). Can’t be many due to that “buffer” I was talking about. What if their was an issue with the scans? A returned trip (in their case) with the mileage/traffic involved would have caused a delay regardless. In either case, no one is getting a title/deed recorded without those originals. I think they should still verify with Lender/TCo to verify first. After all, the SS only got $190 for the job (might be something for those NSA’s waiting for $150 per signing to consider). They could be trying to pull a “fast one” to get a free signing based on the rates stipulated here! Wouldn’t doubt it during these times!
Yes, some lenders require scans from title before releasing funds. For me it’s about 10% of my title clients, so not too many.
In this case, funding would not occur until docs were re-executed and scanned in, so settlement would be pushed until that happens. SS or title company would be eating a lot of fees potentially, hotel stay, rate lock, etc, depending on the situation.
Most states the recordable docs are not actually e-recorded or hand recorded for weeks or months. One local exception is Virginia. Regardless, each bank has their rules before funding can occur.
In NC, we absolutely cannot close a loan without the original documents in the office. The original DOT is required in order to e-record. The attorney essentially checks a box or affirms a statement to the effect that the original is in their possession.
That said, it isn’t your fault signing was delayed because of traffic meaning the same day drop was also delayed. Even if you got their on time, the signer could have chose to read every page, ask a million questions and the drop could have still been delayed.
The problem is the fact that a signing was scheduled late enough in the day where unforseen delays affected same day drop. It is also a problem if setting expectations for the borrower (by the lender). They should be told from the beginning that if the originals are not received, funding could be delayed.
Anything could happen to prevent same day drop. It’s not always someone’s fault.
We need the notary instructions sent to them in this case to get the "meat and potato’s), but by us accepting an appointment, we are committing to an agreement (in those notary instructions, and sometimes you get both an agreement AND notary instructions). It just sounds like this particular client is not sympathetic to those “no fault” scenarios we commonly face, and are enforcing the agreement/instructions.
Hey, all. Fairly new notary here but I would take not being paid because of a delay that was technically my fault as a learning experience. If the timeline is too tight-don’t accept. If the company does not pay a rush fee - don’t take it. As a former Realtor, I never ever ever closed a sale on scanned docs. Never ever. Only RON docs. can be closed on docs floating across the air. Thanks, shelley
!00% agree here. This backs up my previous post. I can’t see any lender closing on a transaction on scans alone. Maybe out of desperation to meet a sales goal in a time crunch, and to me, if it falls through, that’s on them, as it’s not common practice.
My previous post still applies but to enhance, I think there is a shared responsibility (between us and the client) for knowing the carriers last pickup as it relates to the date/time of the signing they give you, along with signing/travel times to do the signing, the scanbacks (if any) then the drop. Factor this all in and decide if you will make the drop or not. For example, if they give me a fedex label with a 5PM REFI signing and they want the docs scanned back and dropped the same day by 7PM, I will call them to let them know the logistics involved, and that they won’t get the drop the same day (my share). They will get their docs dropped the next day. They complain? I just say “you knew the date/time of the signing as it relates to last pickups for the carrier (which last pick up windows are the same country wide), plus you wanted scan backs, then I have to do the drop.” To me, the client should not only know what’s involved in a particular signing based on their request, but our location as well, as it relates to the common carrier pickup info (their share).
If they don’t do this due diligence on their part prior to assigning a job, it only backs up my previous posts that clients don’t research or care who gets the job, as long as it gets done for the price they are asking for! Hope this clarifies!
