I had a Title company reach out to me today for a refinance signing this weekend. After negotiating the fee and print bump for a larger than normal page count I agreed to the signing. Later, I got an email from title with a pdf of their procedures and regulations. On page 3 near the end of the document it said, “IF A LOAN RESCINDS OR DOES NOT CLOSE AND IS NOT
RESCHEDULED _________________ TITLE AGENCY WILL
NOT BE RESPONSIBLE FOR PAYING A TRIP/PRINT FEE OR A SIGNING FEE.
Has anybody else seen this with a refinance loan? I have heard of it with reverse loans, but this was my first experience with a Title company not paying you for the signing and any print cost if the loan doesn’t fund. Needless to say, I was not willing to take that risk and declined the signing. The scheduler was gracious, apologized to me, and made sure that it knew that wasn’t her policy. I don’t print and complete signings for free. It is not the notaries job to make sure the loan funds, it is our job to correctly execute the documents, obtain signatures and notarize the docs. If a signer decides within the three day period they don’t want the loan anymore it should not be at our expense.
Thing is, TCs don’t get paid when something doesn’t close and some small, local TCs are unwilling to absorb the hit. You are wise to say “neither am I’“. Infrequently, they do agree to pay, but, man, GET IT IN WRITING…and then double down by replying to their agreement by thanking them for agreeing to pay full fee regardless of outcome in very clear over-the-top wording.
I understand their need to protect themselves from loss, but shifting the risk to the notary is not a solid business plan in my opinion. I would imagine that it makes it difficult for them to find notaries that are willing to work for them.
I have seen that caveat many times. In six years, the times I have not been paid because a transaction canceled is exactly zero. It’s just part of the job.
Considering that every legitimate business operates with clearly defined accounts receivable and accounts payable policies in place to ensure smooth financial transactions and to protect their interests, it is equally, if not more, crucial for us, as Notaries and Loan Signing Agents, to establish and maintain our own comprehensive policies regarding payments and fees. These policies should outline our expectations for payment timelines, fee structures, any applicable cancellation or rescheduling fees, and our approach to handling situations where a loan transaction might not proceed as planned. It is not only advisable but absolutely essential that we proactively discuss these policies with every potential client or hiring party well in advance of accepting any signing order. By openly and clearly communicating our financial expectations upfront, we can significantly reduce the potential for misunderstandings, disagreements, and ultimately, financial losses. Making assumptions about payment terms or policies when accepting a signing order can lead to unnecessary conflicts and wasted time; therefore, it is always better to be explicit and transparent in our communications to ensure a clear and mutually agreeable understanding from the outset, thus protecting both our businesses and our financial well-being. My services are not free and contingent to another company’s loan being funded.
But it shouldn’t be though. The notary’s pay should never be tied to the loan funding. We are contracted to execute and notarize the documents, not make sure the loan funds. I understand Title companies can make that their policy if they want to, but it doesn’t mean it should be that way. I have worked with other Title companies that have a policy that if it doesn’t fund that you receive half of the agreed upon fee, or at the least reimbursement for print and travel. While I agree it probably doesn’t happen often that a client decides they don’t want the loan after signing, the fact that it can happen and the notary not only doesn’t receive their fee, but they are also expected to eat the cost they incurred plus their time, is not something I think should be expected of us.
It’s not a term/condition that worries me when I’ve never had a contract not fund in this long. And whether we like it or not, as business owners we incur some risk for the job we do. Especially when we gladly accept all terms and conditions starting out just to get on the board with work.
I think submitting an invoice is valid. Can it be collected? Depends on who you worked for.
I agree we do incur our own risk, but we shouldn’t incur their risk. In this case I refused the order, because of that policy. The post was more to see if others have had a similar provision with other Title companies or Signing Services with refinance loans. I have seen this before with reverse mortgages. I haven’t encountered this yet with other loan types.
Administration here at notary cafe MUST protect us members against infiltration by signing companies etc as we discuss their unscrupulous policies to decide who we should blackball.
Those who are professional and respectful of Notary Signing Agents should not worry and might learn something .
Just this week i was asked to travel 50 miles each way for a signing with scan backs ..out here those 50 miles can take 90-120 minutes plus each way then 1 hour at signing then print prep and scan back and drop. .$325. i quoted .since it basically takes my whole day …and lots of time..i asked if they had anything else out that way i could combine..i would give them a rate for 2 signings same type.
They did some research and gound a 2nd signing ..i did both for $425.
Made the scan backs and fedex drop by 6 pm so delivery was nxt day.
They said they wouldn’t require any more scan backs from me.from now on.
They never did before either..
Sorry i went on but some will work with us ..it took me a few years to establish a relationship.
I won’ t entertain any unprofessional company who doesnt respect us. They get what they pay for and i get paid within 7-10 days or less .
It was a direct contact from a Title company. I am not sure how admins are going to keep signing services from lurking on this message board, they’re notaries.
Three components of every scheduling call I receive from a potential new client relative to payment are:
Correct