I received a letter from Southern District of GA , US Bankruptcy court that the husband wife team of Terrence J Todd & Lorrie LTodd , filed for BANKRUPTCY under the business of NORTH GEORGIA HOME RESCUE. The letter says that Debtors can file claim to be exempt from discharge of DEBT to the court. NOTARY FEES must be exempt of discharge.
I am going to file necessary paperwork for the monies owed for me. However If anyone of you received such a letter, please share. All collection emails/ phones letters etc must now go the court and not addressed to the parties.US BANKRUPTCY LAW allows automatic stay on collection, While these deadbeats already plotting their next move to con people.
I looked at the list of creditors and wow, did they screw a bunch of notaries, including me (although I wasn’t listed as a creditor). After waiting 120 days, I received a check for a signing. It bounced. So, instead of just not getting paid, I had to pay my bank $7 for accepting this assignment. Live and learn.
I’m not a creditor attorney but here is my opinion. As a unsecured creditor you can file a claim with the court for fees owed you for services. Notary fees are dischargeable as unsecured debt. The automatic stay afforded by bankruptcy law means you cannot attempt to collect on the creditor. I’m a signing agent with 30 years banker experience in my previous life–your chance of collecting based on my experience as a unsecured creditor is very unlikely. Most people who file chapter 7 rarely make whole the secured creditors. If Chapter 13 then there may be hope for a payment plan. My recommendation is file the unsecured creditor claim but realize your chances of a recovery are slim.
In Tennessee the borrower is ultimately responsible in the end. I have been doing this for a little over 17 years now, I have had a handful of signing companies not pay me or file bankruptcy. I simply send the borrower a letter given them 14 days to pay in full or lien the home. I have always been paid. Never been beat.
You might go after the title company or lender before the homeowner first. It’s double jeopardy on the poor homeowner who already paid in all their fees when they did the deal.
I send notice to the 3rd party I am billing their customer ie: lender/title company if I don’t get a check in 72 hours (after the bill is more than 4 months late) They always up unless they are going BK. Then I have no choice but to go to title…and the one time I had to do that title paid immediately.
I don’t think the borrower is responsible - they’ve already paid the fee. I also don’t believe he has any lien rights against the borrowers. I think Mr. Wellington got very lucky that he got homeowners who didn’t know any better.
I received a bankruptcy notification from Terrence and Lorrie Todd doing business as North Georgia Home Rescue. I also received an email today that was emailed to the 600 notaries who were stiffed by the American Signing Connection. In the email it details that there will be a hearing on 10/06/2017 @ 2pm and the Todds must attend. We notaries can have our voices heard via email or letter. To mail your letter send to Tiffany E. Caron PO Box 9056 Savannah, GA 31412 or email her assistant to Kathleen Reynolds at katrey@swbell.net.
In your letter or email include answers from this list of questions:
a. Did American Signing Connection hire you to perform notarial services for mortgage documents on their behalf? Did you know that a notary is a public servant?
b. Was American Signing Connection paid all monies due by the title companies but kept your portion for the notarial services you provided on their behalf?
c. Were numerous collection attempts to American Signing Connection ignored, or did they give you reasons why you were not paid? What were your collection attempts?
d. Did they continue taking orders from several title companies, still collect money from those title companies, but didn’t pay you?
e. Does it appear to you that American Signing Connection stopped paying notaries late last year, but continued to take orders for closings as late as two days before they closed their doors, knowing full well they had no intentions of paying notaries, all the while still collecting full fees from the title companies and keeping your portion for the notarial services you provided on their behalf?
f. Have title companies and lenders refused to pay you because they already paid American Signing Connection for the notarial services you provided?
g. Does Lorrie Todd’s presence on social media (i.e., facebook) suggest that there have been items sold recently such as golf packages, office equipment, etc., but yet nothing was paid out to notaries?
h. Can you provide confirmations, invoices, e mails, etc. to and from American Signing Connection, as well as dates of services provided and amounts owed to you?
i. Can you provide names and telephone numbers of title companies? Are title companies saying they paid American Signing Connection all monies owed yet nothing was ever paid out to you? Who did you speak with at these companies?
j. Do you consider this a business that couldn’t make it and closed their doors? Or do you consider this a ruthless crime of theft of notarial services, or quite possibly mortgage fraud? If title companies paid American Signing Connection for the notarial services provided by almost 600 notaries across the country, yet they refused to pay what was owed to the notaries, do you feel that this is a crime to use the United States Bankruptcy Court as protection? Where did all that money go?
k. Why did the bankruptcy get filed under Terrance J. Todd and Lorrie L. Todd and the only business listed on the paperwork sent to creditors was North Georgia Home Rescue? Most notaries do not recognize any of these names as they were hired by American Signing Connection, LLC. Do you think this was an oversight on their part or do you feel like it was done on purpose so you wouldn’t pursue discharge of debts to a company you didn’t think owed you any money?
l. Do you agree that unfortunately the non-payment of notarial services for mortgage closings by unscrupulous third party signing companies has become an epidemic in this industry?
m. Do you feel it is the duty of the United States Federal Bankruptcy Trustee to protect notaries against such atrocities, by not allowing Terrance J. Todd and Lorrie L. Todd of American Signing Connection, LLC to be allowed to discharge their debt owed to almost 600 hard-working notaries across the country who in good faith performed notarial services for them and then not get paid?
n. Do you think Terrance J. Todd and Lorrie L. Todd of American Signing Connection should be allowed to have their debts to almost 600 notaries discharged, or do you think the notaries deserve to be paid?
Actually in the State of Tennessee, the law states if a notary is involved in the closing of property, and the notary is not paid the party that is buying the property being closed on is responsible for the notary payment. The State of Tennessee only requires a simple form that the notary downloads from the SOS site and has the buyer sign. The State of Tennessee treats our liens as a contractor lien now. Very happy the law was passed.
It will take a long time for the bankruptcy to work it’s way through the court system and after the lawyers take their fee, there won’t be much to share among the creditors.
I could locate only one credor by name Todd and It appears that they have moved to Colorado. So the creditor you must choose to file a claim is now under
