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LindaH
Florida
1754 Posts |
 Posted - 07/04/2011 : 08:16:34 AM
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quote:
Originally posted by vtnotary05
You always name all the parties involved, first year contract law.
quote:
Originally posted by LindaH
I was a paralegal for 25 years in CT - did my fair share of writ- writing and litigation, and yes, in certain cases you would do that. But you're talking collections here and small claims court to boot. Your claim is against the party(ies) that contracted with you and agreed to pay your fee - and that does not include the borrowers.
We'll have to agree to disagree - I do not see the sense in bringing a suit against someone you already know is not responsible for paying you. That's just a waste of time AND making of record of a non-responsible person having been sued. Not necessary IMO.
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
Yes, I agree - and the parties involved are you and the hiring parties - your contract is with the SS/TC and not the borrowers. They've paid the fee - I don't understand why no one sees that...
We can one-line this to death - I guess everyone will do what they have to do to get paid, regardless of whether there's a basis for it or not. I, personally, only take assignments from companies that have a good rep for paying - I've had to chase one company in over 3 years and got paid with just a demand letter - to the hiring party, not the borrowers. They are no longer involved IMHO
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell |
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vtnotary05
27 Posts |
Posted - 07/04/2011 : 06:57:16 AM
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You always name all the parties involved, first year contract law.
quote:
Originally posted by LindaH
I was a paralegal for 25 years in CT - did my fair share of writ- writing and litigation, and yes, in certain cases you would do that. But you're talking collections here and small claims court to boot. Your claim is against the party(ies) that contracted with you and agreed to pay your fee - and that does not include the borrowers.
We'll have to agree to disagree - I do not see the sense in bringing a suit against someone you already know is not responsible for paying you. That's just a waste of time AND making of record of a non-responsible person having been sued. Not necessary IMO.
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
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LindaH
Florida
1754 Posts |
Posted - 06/28/2011 : 10:22:34 AM
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I was a paralegal for 25 years in CT - did my fair share of writ- writing and litigation, and yes, in certain cases you would do that. But you're talking collections here and small claims court to boot. Your claim is against the party(ies) that contracted with you and agreed to pay your fee - and that does not include the borrowers.
We'll have to agree to disagree - I do not see the sense in bringing a suit against someone you already know is not responsible for paying you. That's just a waste of time AND making of record of a non-responsible person having been sued. Not necessary IMO.
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell |
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vtnotary05
27 Posts |
Posted - 06/28/2011 : 10:09:47 AM
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Then you haven't done much litigation work. I have. You always name all the parties involved. As I stated the borrower was the receipient of the notary services although may have paid they are party to the transacton. If they paid, they file stating they paid and slowly you eliminate the defendants.
quote:
Originally posted by LindaH
quote:
Originally posted by vtnotary05
You always name "ALL" the parties involved. It's common sense, as the defendant would eventually bring in the borrower. It's called "throwing the net." The borrower can file a motion for summary judgment based on their payment.
quote:
Originally posted by 11789
I have been through this process, like Linda says, the borrower has nothing to do with it. If you do go to court and the judge ask you why, be prepared to get you a$$ chewed pretty good.
I didn't include the borrower in the suit, which was a good thing although I did "cc" them on my demand letter before the suit. That wasn't a good idea, they had their loan and could care less.
Sorry, I don't see it that way - the way I see it, the borrower is NOT involved and your contract is not with them. They didn't hire you - the SS or TC did - that's where your contract claim lies, especially since the borrower has paid all fees through the HUD.
Why sue someone who doesn't owe you the money?? That, to me, is frivolous...
JMO..
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
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LindaH
Florida
1754 Posts |
Posted - 06/26/2011 : 7:26:05 PM
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quote:
Originally posted by vtnotary05
You always name "ALL" the parties involved. It's common sense, as the defendant would eventually bring in the borrower. It's called "throwing the net." The borrower can file a motion for summary judgment based on their payment.
quote:
Originally posted by 11789
I have been through this process, like Linda says, the borrower has nothing to do with it. If you do go to court and the judge ask you why, be prepared to get you a$$ chewed pretty good.
I didn't include the borrower in the suit, which was a good thing although I did "cc" them on my demand letter before the suit. That wasn't a good idea, they had their loan and could care less.
Sorry, I don't see it that way - the way I see it, the borrower is NOT involved and your contract is not with them. They didn't hire you - the SS or TC did - that's where your contract claim lies, especially since the borrower has paid all fees through the HUD.
Why sue someone who doesn't owe you the money?? That, to me, is frivolous...
JMO..
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell |
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vtnotary05
27 Posts |
Posted - 06/26/2011 : 7:08:26 PM
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You always name "ALL" the parties involved. It's common sense, as the defendant would eventually bring in the borrower. It's called "throwing the net." The borrower can file a motion for summary judgment based on their payment.
quote:
Originally posted by 11789
I have been through this process, like Linda says, the borrower has nothing to do with it. If you do go to court and the judge ask you why, be prepared to get you a$$ chewed pretty good.
I didn't include the borrower in the suit, which was a good thing although I did "cc" them on my demand letter before the suit. That wasn't a good idea, they had their loan and could care less.
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11789
California
28 Posts |
Posted - 06/26/2011 : 1:29:34 PM
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I have been through this process, like Linda says, the borrower has nothing to do with it. If you do go to court and the judge ask you why, be prepared to get you a$$ chewed pretty good.
I didn't include the borrower in the suit, which was a good thing although I did "cc" them on my demand letter before the suit. That wasn't a good idea, they had their loan and could care less. |
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LindaH
Florida
1754 Posts |
Posted - 06/26/2011 : 09:28:45 AM
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"If you had to file in small claims the borrower would be listed as a third or fourth party defendant, as they were a party to the transaction"
I disagree. Your contract is with the hiring party, not the borrowers. And if a small claims action were brought, you'd name that hiring party and, if an SS, the title company. But you would NOT name the borrowers as they've already paid the fee. They were not a party to your agreement with the SS or TC..
MHO
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell |
Edited by - LindaH on 06/26/2011 09:32:25 AM |
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pjrager
Maryland
94 Posts |
Posted - 06/26/2011 : 07:12:05 AM
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| THEY'LL BE PISSIN' AFTER I FINISH WITH 'EM!!!! |
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vtnotary05
27 Posts |
Posted - 06/26/2011 : 07:07:27 AM
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I disagree, contacting the borrower let's them know that the company they contracted with and paid has committed fraud per the allocations on the HUD. I would contact the lender first, the borrower is last ont he list, but they still need to be notified that they paid for a service that was not completed. If you had to file in small claims the borrower would be listed as a third or fourth party defendant, as they were a party to the transaction.
quote:
Originally posted by LindaH
My .02 FWIW
Do not contact the borrower - your agreement is with the company that contracted you - the borrowers are out of it. As vtnotary said "they've paid for your services" - so they've paid the fees due.
Also not sure what good the SOS is going to do - they usually don't get involved in collection matters. Neither does the BBB.
I'd write a demand letter to CSS with a copy to title giving a drop dead date for payment. And be prepared to follow through - don't threaten what you won't do.
Good Luck.
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
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LindaH
Florida
1754 Posts |
Posted - 06/26/2011 : 06:52:41 AM
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My .02 FWIW
Do not contact the borrower - your agreement is with the company that contracted you - the borrowers are out of it. As vtnotary said "they've paid for your services" - so they've paid the fees due.
Also not sure what good the SOS is going to do - they usually don't get involved in collection matters. Neither does the BBB.
I'd write a demand letter to CSS with a copy to title giving a drop dead date for payment. And be prepared to follow through - don't threaten what you won't do.
Good Luck.
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell |
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vtnotary05
27 Posts |
Posted - 06/26/2011 : 06:46:19 AM
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Glad I could help. As my Scottish Grandmum used to say..."Don't let them take a piss!" ;-)
I'm interested to see if you were able to resolve/get paid. Let us all know.
quote:
Originally posted by pjrager
TO: vtnotary05 I want to thank you so much for this valuable information. I will get on it full throttle Monday morning! I can't tell you how much I appreciate your help on this. I'll post when I find out more info. Thank you, again and again! Hope you have a Great Sunday!
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pjrager
Maryland
94 Posts |
Posted - 06/26/2011 : 06:42:13 AM
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| TO: vtnotary05 I want to thank you so much for this valuable information. I will get on it full throttle Monday morning! I can't tell you how much I appreciate your help on this. I'll post when I find out more info. Thank you, again and again! Hope you have a Great Sunday! |
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vtnotary05
27 Posts |
Posted - 06/26/2011 : 06:29:44 AM
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1. Verify that the documents were recorded.
2. If the docs were recorded make copies so you have the receipt and recording information.
3. Contact the borrower, remember they paid for your services in the HUD.
4. File a complaint with your Secretary of State and request the company not be able to do business in your state.
5. Call the lender and request information, "who can accept service" once you ask that question it usually get's their attention.
*** There are alway remedies to get paid****
Personally, I send an email to the signing companies about a week or so before I know I'm supposed to get paid, requesting a "status update." Make sure you always do it by email as it's document. Trust me I've tracked down what I call "invisable owners" when a signing company jerks me around for non-payment. Trust me the check arrives quickly thereafter.
quote:
Originally posted by pjrager
I HAVE NOT BEEN PAID FOR 2 JOBS SINCE MARCH 31ST AND APRIL 6TH. KRISTAN E. CRAWFORD 68 SUMMER EAST, WILLIAMSBURG, VA MOBILE # 434.594.7621. HERE'S A COPY OF THE EMAIL KRISTAN WROTE TO ME AND ANOTHER NOTARY REGARDING GETTING PAID:
"Hey guys,
You've probably noticed by now that if you did a closing for LSA Title through me recently you haven't received payment from me. I am still trying to collect payment from this nightmare title company. I am being very aggressive and have contacted their underwriter and the State Division of Insurance here in VA. Typically, my policy is to pay closers even if I have yet to receive payment from title. Unfortunately in this case I am not in a position to go in the red over $600 but as soon as I receive payment I can assure you I will be mailing your checks.
In the meantime please take a moment to go onto NotaryRotary.com under the Signing Agent Central section and rate LSA Title with 1 out of 5 stars. As a notary myself I think its absolutely crucial to let other notaries out there know about these deadbeat companies. One of the notaries was even back charged for FEDEX shipments because LSA had not paid their bills since last November.
Lets get the word out about this horrific company."
YES, LET'S GET THE WORD OUT ABOUT LSA TITLE SERVICES, VIENNA, VA AND COMMONWEALTH SIGNATURE SERVICES, WILLIAMSBURG, VA. SEEMS TO ME THEY BOTH DON'T PAY.
IF I DO HAPPEN TO GET PAID, I WILL WRITE ANOTHER NOTE. THANKS FOR LISTENING AND BEWARE!!!
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pjrager
Maryland
94 Posts |
Posted - 06/21/2011 : 10:45:01 AM
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I HAVE NOT BEEN PAID FOR 2 JOBS SINCE MARCH 31ST AND APRIL 6TH. KRISTAN E. CRAWFORD 68 SUMMER EAST, WILLIAMSBURG, VA MOBILE # 434.594.7621. HERE'S A COPY OF THE EMAIL KRISTAN WROTE TO ME AND ANOTHER NOTARY REGARDING GETTING PAID:
"Hey guys,
You've probably noticed by now that if you did a closing for LSA Title through me recently you haven't received payment from me. I am still trying to collect payment from this nightmare title company. I am being very aggressive and have contacted their underwriter and the State Division of Insurance here in VA. Typically, my policy is to pay closers even if I have yet to receive payment from title. Unfortunately in this case I am not in a position to go in the red over $600 but as soon as I receive payment I can assure you I will be mailing your checks.
In the meantime please take a moment to go onto NotaryRotary.com under the Signing Agent Central section and rate LSA Title with 1 out of 5 stars. As a notary myself I think its absolutely crucial to let other notaries out there know about these deadbeat companies. One of the notaries was even back charged for FEDEX shipments because LSA had not paid their bills since last November.
Lets get the word out about this horrific company."
YES, LET'S GET THE WORD OUT ABOUT LSA TITLE SERVICES, VIENNA, VA AND COMMONWEALTH SIGNATURE SERVICES, WILLIAMSBURG, VA. SEEMS TO ME THEY BOTH DON'T PAY.
IF I DO HAPPEN TO GET PAID, I WILL WRITE ANOTHER NOTE. THANKS FOR LISTENING AND BEWARE!!! |
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vince
Kansas
324 Posts |
Posted - 11/17/2009 : 5:16:04 PM
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| Can only find ONE comment regarding them - but, at least it was favorable. |
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tomthenotary
Maryland
82 Posts |
Posted - 11/16/2009 : 07:55:20 AM
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Anyone have information on Commonwealth Signature Services located in Windsor Va 23487? Thanks  |
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