Western Resources Title 625 THE CITY DR Orange,CA .... Non Payment

By: Gilbert Anthony Campos, Notary Signing Agent

As notaries, many of us have encountered difficult situations where a borrower cancels mid-appointment. The question that often arises afterward is: Who is responsible for paying the notary?

I’d like to share a recent experience that highlights this very issue.

The Situation

I was assigned through Signing Services to facilitate an appointment for Client .

In preparation for this order, I:
• Printed nearly 500 pages of loan documents.
• Traveled to the appointment on time.
• Spent about 30 minutes with the borrower, who asked questions regarding whether to sell, refinance, or pursue a reverse mortgage.

I made it clear I could not provide financial advice, as my role was solely to facilitate the signing. Ultimately, the borrower chose not to proceed, saying she wanted to consult with a potential buyer before signing anything.

Even though she declined to sign, I had completed my professional obligations: preparation, travel, time spent, and professional conduct at the table.

The Pushback

When I submitted my request for compensation, the title company’s escrow officer responded WESTERN RESOURCES TITLE ORANGE, CA (Escrow officer Liz Martinez):

“This file cancelled, and no funds were in escrow. We did issue the invoice to the borrower at the time of cancellation for her to send payment.”

In other words, the title company attempted to shift the payment responsibility directly onto the borrower.

Why This Is Wrong

Here’s the truth: the borrower is not the contracting party.

The title company ordered this signing through the signing service, who then assigned me. My agreement is with the signing company, and their agreement is with the title company. Nowhere in that chain does the borrower assume responsibility for paying the notary.

Notaries are service providers who invest time, resources, and expenses (printing, travel, etc.) once we accept an assignment. Whether the borrower ultimately signs or not is outside our control — but it does not erase the work already completed.

The Professional Response

I respectfully pushed back and clarified:
• The borrower cannot be billed for notary services because she did not contract them.
• The title company contracted the signing service and is responsible for ensuring payment.
• I completed my duties in full, regardless of the borrower’s decision to sign.

Takeaway for Fellow Notaries

If you ever encounter this situation, remember:

:white_check_mark: You deserve compensation for time, travel, and preparation, regardless of borrower cancellation.
:white_check_mark: Responsibility lies with the contracting party — the title company (through the signing service), not the borrower.
:white_check_mark: Always respond professionally, but firmly, to clarify this obligation.

We put in hours of work and hundreds of pages of printing for these assignments. Borrower indecision should never result in the notary bearing the cost.

Final Thought:
Protect your time and professionalism. Don’t be afraid to remind contracting parties of their responsibility. As independent notaries, our work has value whether or not the borrower follows through — and that value must be respected.

3 Likes

@Ntrylsa84 Correct. :trophy:

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@Ntrylsa84 :partying_face: Thank You :partying_face: for reinforcing several of the tenets I often express via the Notary Cafe forum in threads & posts. Very Helpful! :folded_hands:

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:swan:

1 Like

The bottom line to all of this is that the notary ultimately gets screwed in these situations. Why? Because we’re the lowest on the so-called “totem pole” and are really at the mercy of our hiring company to pay us. If they don’t, our only alternative is to try to take them to court. over the hundred bucks or so that they owe us for the signing. It may be worth it to do that for some people, just out of principle, but to me, it’s just throwing more time and energy into a bad situation with minimal, if any, results. Fortunately, these situations are rare, so rare in fact that, in my opinion, the smart play is to just flush it and move on to the next one. You’re not going to change how the system operates. Most signing services will pay you 50% of the contract price for print and travel when mid-closing cancellations happen. Unfair? Absolutely! In reality, though, unless the mindset of the loan signing industry can be collectively changed regarding the whole notary interaction, it just is what it is.