SUBMITTED: Friday, March 09, 2007
POSTED: Friday, March 09, 2007
I was thinking about your case. The Notary would have actually been a title producer as well, which requires a bond for just this purpose. This is an issue of Honesty and Ethics for that person. I left PCHL to become a Settlement Agent. I am a Notary in two states as well. What you should do is contact first the authority which appoints Notaries. Probably the Governors office. The Notary is a public servant who swore an oath to uphold the constitution, etc. Inform yourself on "Notorial Actions", most states require a log book to be kept for four years. My log book for instance must list your name, your address, the type of documents notarized, the form of ID ID number and expiration date used to verify your identity, your Thumb print and your signature. All in original ink. It is a crime for me not to do so. You can also downloan the state notary handbook online I am sure. Next you contact the state land title organization (Private non profit) to which this notary may or may not be a member to find out what agency oversees title producers and settlement agents.
With that in hand you can now contact the state and initiate complaint resolution and look for compensation from the Bond. Bonds are typically 100,000 against dishonest actions only. This would not apply to the errors and ommissions insurance. Make sure you don't waste time on their insurance as it is not applicable. Notaries carry insurance against errors, and are bonded against dishonesty. If you can prove the notary was not present at closing; The mortgage documents are not worth the paper they are on. You could easily find yourself in your home free and clear with NO mortgage.
Going after the mortgage company is incorrect as a typical complaint against a lender is failure to send RESPA documents, discrimination, redlining, etc. So while yes your issue is with the mortgage company with whom these title folks are in league, it is infact the title transaction you should be attacking. I think maybe 1000's of such complaints go unresolved because folks hit a brick wall with the lender having "all their ducks in row" as you said. While never knowing how easily they can resolve this through the fidelity bond surety company.
I hope this all made sense, and helps to resolve. Please post your results.
Rino - Silver Spring, MD