Help when Borrower not responding

I completed a signing today and scanned documents back.unfortunately the borrower missed initialing a page in the deed and I did not catch it. My bad. However to reschedule, I have tried to reach the signer multiple times all day by email, text (which are marked “read”) and by phone and he has not responded or answered my calls. I am holding the package hoping to be able to go back and get this page completed and the package overnighted. My question is, should I overnight a package anyway without the missing initial on the deed, Or keep holding it until I get that page initialed. I have till noon today, Saturday, to make the last overnight pickup time.

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@Myshadowmax Great catch. => No judgement or criticism of your signing. The following guidelines are provided for assistance regarding a decision you need to make. As it’s your client, you’ll need to determine the plan to implement.

While at the signing table with the Borrowers/Signers, most professional certified notary signing agents [CNSAs] will double-check the execution as the documents are signed and then perform a triple-check once the entire document package has been executed. :angel:

This will only take a few minutes [~5 to 10] longer.

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It’s presumed the Borrower desires the loan to fund.

Depending upon the lender, there are a variety of actions that could be taken if you submit the executed document package with the missing initials.

It could require a complete re-sign with creation of a new document set. This could place the current interest rate at risk.

As such, it would be in the Borrowers/Signers best interest to meet briefly to add their initials to the document.

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If the Borrowers/Signers continue to be reticent to communicate, reach out to your hiring party, humbly admit the oversight of the missing initials, advise them of the actions you’ve already employed, and seek their guidance and advice in this situation.

The only instructions/guidance one should adhere to (as long as it’s legal) are from the hiring party. The adage ‘those who hold the gold, make the rules’ remains true in this instance. :sparkles:

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I am well aware of checking the docs again, and I did that, thank you. Not being perfect the first time in many signings, I have tried to correct the error. Unfortunately it is Saturday there is no support from the hiring party. I was looking for assistance. Just want to know whether I should send what I have. Corrected page was already scanned and sent in for closing. Just need to return originals.

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That is a tough one. It depends on County if initials on DOT are required. A lender may want to see initials on DOT for their own comfort but may not be required by county for recording purposes. If it’s not too far I would drive back and call them on my way there to inform them that I need to get one quick initial. If client is MIA, I would call the lender again to explain the problem. If the lender is not responding, I have two options:
1: If non-owner occupied, no NORTC, I would send the docs back because they signed and initialed all but only forgot to initial 1 page.
2: If Primary Home, will have 3 business days to cancel. I would do what ever I can to get that one last initial. If I can’t get anywhere with that, I will send the package as is by Monday. They get it back by Tuesday.

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Thank you so much for your comments. No one has responded. I left emails with both title and the signing service telling them what the problem was. I will overnight what I have on Monday after hopefully someone will respond. I hate it when it’s the weekend and no one is available. Almost seems like this borrower is it purposely avoiding me. Hopefully nothing bad happened to him. I did not see a RTC in the package. He said he got that separately. This is only the second time I have seen initials needed on the deed. It was the page after the signature and notarization with just some contact information. It was for his purchase of a home. I’m surprised because it is only to his advantage to get this done. Going to try to enjoy the rest of my weekend and Not keep stressing.

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I am new. Is it OK, as the notary, to tell the signer that if they don’t respond in cases like this, that it may hold up funding or something could go wrong with their loan? Would that be perceived as a threat, although it’s completely true?

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“1: If non-owner occupied, no NORTC, I would send the docs back because they signed and initialed all but only forgot to initial 1 page.”

Let me clarify, if non-owner occupied and you don’t see NORTC, you better send out today especially if it’s for a purchase! They will expect to get it back by Monday hopefully be there by 10am.

Exasperating, isn’t it?! I would take a photocopy of the one page with the missing initial and hold on to it. Mail the package so that it is delivered in a timely manner, but continue to try to reach the borrower to get that initial. (I would even send them a scanned copy by email and/or text. Ask them to append their initial and send a text copy back to me, if that is more convenient.) When/if you get it before the expected package delivery, scan it back to the company and ask them to include it with the rest of the package as a late but complete entry. At that point you have done all you can.
Once you have explored all your options and informed title of your efforts, release it. You will never know/understand why some people can be so recalcitrant. We all run into them on occasion. Don’t bust a gut or loose sleep over someone else’s inaction/inattention. We all make mistakes at one time or another. Unfortunately, it’s the human condition!

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You definitely need to ship it by today!

As long as you put it politely I would not consider it threatening - I’d simply say “it’s imperative that you contact me as we need to address this issue immediately to prevent a holdup of the funding of your loan”…

To OP - don’t hold that package…get rid of it and make the correction later - just own your oversight (as you have), correct on your dime and all will be fine. There’ll be more problems with hiring party if you sit on that package

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Yep, he needs to send it out by today! Hope he didn’t misread my message and wait until Monday to ship. Yikes!

Great advice that’s what I did. Everyone has been notified. I just sent it overnight and kept a copy of the problem page.

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Good job! Happy for you. :clap::+1::raised_hands:

@Myshadowmax You may already know there would be no RTC for a mortgage on the purchase of a property, but here are a few helpful details:

Usually included with refinance loans on primary residences, home equity loans & lines of credit [HELOC], and cash-out refinance mortgage loans.

The RTC is typically NOT included with purchases, second/vacation homes, etc.

For additional details, see: https://www.consumerfinance.gov/rules-policy/regulations/1026/23/#a

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Totally agree with everyone. Own your mistake…it happens to the best of us. Make efforts to correct it let all parties involved know what you did to resolve the issue. That will go a long way with the lender. You can view " I totally messed up my first signing post" I shared… :hugs:

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Don’t stress too hard. I had that happen with one one my first refi’s and I stressed so bad almost went into a full blown panic attack. I drove out to the signers house 2 more times after he told me he would be there and wasn’t! I even had the SS and TC try to contact him and they couldn’t. I ended up only being docked $15. Personally I paid way more mentally and in gas than I should have because I was stressing. Mistakes happen and we can only be honest and try to fix them . Send it all back and let them tell you the best way to handle it. They may just send someone else to finish it. Either way … LET IT GO! Have an awesome weekend!

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:slight_smile: thanks all for the much-needed support and guidance.

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I would let the company know the mistake and get package in the mail ASAP. They may just have you go and get the correction completed and just scan into them. Idk but I do know getting it in the mail is critical to them

Moving forward in the future let this be a lesson! You will never reqret spending 5-10 minutes looking over the documents before leaving the signing table.

No lesson here thank you. Actually I always do spend that time and more reviewing the docs. Even then it is possible to miss things that are not usual. It just shows that no one is perfect.

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