I am troubled with a single title company that is demanding I get an initial on the URLA form ( application) in the box that states either a single borrower or joint borrowers. I do get the initials if there are joint borrowers but not when a single borrower as the directions for the URLA dictate. The title company states that the lenders will not fund unless the single borrower initials that they are applying for joint credit. I did speak with one of the lenders that was present at a closing this evening, if that was true for their institution and he said absolutely not. the title company says I am to tell the signers that if they don’t initial their loan will not be funded. I told them that I cannot ask the signers to indicate a falsehood, especially after I swear them in to be honest in all information they provide to the documents… I feel that their demanding this is an act of coercion and I refuse to be a part of it. I am confident after speaking with the lender this evening I will lose this title companies business but my integrity is not for sale. It will hurt though, I have in this last year received many orders from them. Who should I report this too? I did send the title company the directions for the URLA stipulating that the initial only applies to multiple borrowers, yet they persist in their demands. Help
I always have them initial, even if it is one signer. No one has ever questioned it. There was a lot of back and forth about whether they need to initial even if it’s just one, so I just always get it initialed. Ever lender is different too so just because one doesn’t want it, another lender might. Good luck with getting it handled with your title company, hopefully you don’t lose their business!
Explicit Instructions => See below within “Your Initials” Section.
All instructions I’ve ever received want INITIALS applied IF there is MORE THAN 1 Borrower.
As per my usual insight, I always follow the hiring entity instructions (unless there is a Legal reason not to) & I ensure that the instructions are explicit and in writing.
#1. Is it possible, @yellowbird1, that it was a split signing and wife was signing another set elsewhere so joint credit was in play? Just a thought.
#2. We are notary signing agents - not attorneys or title officers - best bet in a situation like this is not to argue, just do what you’re told. Have them initial if that’s what you’re told to do, no matter how wrong you think, or KNOW, it is. Just try to get these incorrect instructions in writing so if there’s any flashback you have yourself protected.
But, my point is, arguing with someone like that is hopeless and may cost you a good client. I think you’re right, I see your point, but the clueless won’t see it - let them take the heat for it.
Thank you or your response the instruction are clear on the URLA (1003) the initials are only to be added if there are more than one borrower. There can be multiple signers but that line only applies if there are more than 1 borrower. If a single borrower initials they are stating on the application that they are applying for joint credit. IF there are more than one borrower they all initial.
thank you for your response. I agree and always follow the hiring institutions instructions unless they ask me to do ( or in this case ask the borrower to do/sign something illegal) my dilemma is after I have sworn in the signer(s) " You solemnly swear under penalty of perjury that you are the person (s) identified as the signers of these documents and that all information you provide will be true to the best of your knowledge" If I ask them to initial that they are filing for joint credit and they are not, I myself am asking them to lie or at least breach the oath. I know I am not an attorney but I am a certified signing agent and a notary serving the LT. Governor’s office of my state. I feel an ethics dilemma if I state to them you must sign this even though it is incorrect or the lender will not fund your loan. Am I knowingly taking part in a coercive demand? Arguing with a client is definitely ill advised except when I am asked to do something unethical. My integrity is not for sale. I am reaching out to the Lt. Governor’s office on this matter so hopefully will get a good answer from them. Thanks again for your input and merry everything to you and yours.
To my knowledge, they aren’t taking an oath for every document, only the ones that state “subscribed and sworn”. The 1003 is not one of those documents. Is it necessary for them to take that oath prior to signing?
New to this signing agent thing, right? Your employer wants it initiated, make sure it’s done. You should be reminded that your not a bailiff and the last time I checked the 1003 is not siigned under penalty of perjury.
If it ends up that the page dosen’t need an initial the title clerk can toss it and print a clean one.
