You are missing the point, but that does not surprise me. Let's talk about the real world as you choose to call it, rather than the fantasy land which you have described. Have you performed a closing recently?  It really helps if you can speak from practical experience.

In most closings the mortgage (DOT as it is known in your area) is executed in duplicate and sometimes in triplicate. There is a reason for this. There is a duplicate to replace a lost mortgage just as in the scenario that you have described. Pam's posting above indicates that she called her client, and was told that everything was alright. I assume from that statement that either she returned the mortgage which was at issue or that the title company had a duplicate original to record. In some state's making that statement without notication of a problem and resulting charges to her can constitute a waiver of claim against her for the penalty she was charged...at the very least it is a least a prior inconsistent statement impeaching the credibility of the claimant if the matter were to go to trial.

Based on the posting of Pam's client, I see several problems. The client indicated that it had made five attempts by telephone to contact her, and left five voice mail messages. Why would anyone send a document for recording to an abstractor that was obviously not available? Furthermore, the client should have indicated to UPS, FED EX or the U.S. Postal Service that the abstractor had to sign for the documents before they could be delivered. Otherwise they would be returned to the client. This is a common practice with title companies. Why was it not done in Pam's case? Good sense would dictate that the mortgage recording should have been reassigned to another abstractor rather than insisting on the services of an unavailable abstractor. At least that is the way it works in this area.

I also have difficulty with the amount of the penalty charged to her.The postings have not said whether the closing in question was a sale, refi of Heloc. A notary's witness closing fee for a refi or heloc is usually in the rage of $50.00. If you do not believe me, monitor some of the postings on the signing agent's boards, and you will see that most of them complain about not receiving a fee in excess of $50.00. This seems to be especially true in rural areas such as North Carolina (no offense intended to North Carolinians). The original cost of the notary's witness closing is an expense that would have been borne by the title company regardless of the recording problem, and should not be passed along to Pam. The cost of recording is also an expense that would have been borne by the title company, and should not be passed along to Pam. If there was no duplicate original of the mortgage, and a new mortgage had to be executed the notary's cost may even be less than a notary's full fee of $50.00 because the notary is witnessing only one document out of the entire loan package. It is not unusual for a signing service to request this, and they always find some notary willing to accept it. Of all the time spent in a closing, it only takes about 5 to 10 minutes to sign, notarize, witness and initial each page of a mortgage.  Consequently, I think the $100.00 charge to Pam was excessive. At the very least she is entitled to an itemized accounting of that for which she is being charged, and she should request it. Do you really think that is too much to ask?

With respect to the need for recording a mortgage, I have not minimized the importance thereof. The point you are missing is that because of its importance there are safety valves purposely built into the closing process to accomplish the recording and to avoid the picture of disaster that you have described.

In so far as any hostility that you may have perceived in my earlier postings, I would have to disagree with you. However, If I am wrong, it was probably a response to the arrogance, tone and colorful language contained in your earlier postings.