Fidelity National Title

Ms [redacted] :Fidelity National Title Company (the "Company") is in receipt of a complaint (the "Complaint")filed by you with the Revdex.com Northwest ("Revdex.com") regarding the transactionidentified as Escrow Number [redacted] (the "Transaction")Please allow this letter to serveas a response to the contents of the Complaint.The facts presently known to the Company are as follows: By warranty deed recorded on May 31,2017, in Ada County, Idaho, you and [redacted] * [redacted] (" [redacted] ") conveyed the propertycommonly known as [redacted] (the "Property") to [redacted] *[redacted] and R [redacted] * [redacted] ("the Borrowers")In order to secure financing for this transaction,the Borrowers obtained a loan (the "Loan") from Premier Mortgage Resources LLC ("Premier").The Borrowers granted a deed of trust to Premiere, recorded on May 31, 2017, in Ada County,Idaho, encumbering the Property.Due to an accounting error made on the Seller and Borrower Settlement Statements (collectivelythe "Statements"), a gift of equity letter (the "Letter") was not properly accounted for and theamount stated therein was incorrectly disbursed to you at the time of closingThe Letter was signedby [redacted] on May 22, 2017, gifting $10,(the "Gift Amount") to the BorrowersBecauseof this error, sometime after the Transaction, you and [redacted] were notified that you had receivedthe Gift Amount in errorYou were asked to return the Gift AmountIt was at this time that youallegedly became aware that the Gift Amount was for the purpose of paying off the Borrower'scar loan (the "Car Loan").The Complaint states that the Company failed to provide or disclose the Letter at the time ofclosingThe Complaint also alleges that the Letter was fraudulently signed and you and [redacted] would have realized that Premier was allegedly using your net proceeds to pay off the Car Loan,which you assert was to be rolled into the LoanYou also claim in the Complaint that the Companyoffered to pay your closing costs but then agreed to only cover your portion of the Company'sescrow feeYou have requested the Company pay the total closing costs of $4,and wouldlike the Company to admit to failing to correctly execute the Transaction.With regard to your allegation that the Company failed to disclose the Letter at the time of closing,the Company denies liability for the sameA party may be under a duty to disclose: (1) if there isa fiduciary or other similar relationship of trust and confidence between the two parties; (2) inorder to prevent a partial statement of the facts from being misleading; or (3) if a fact known byone contracting party and not the other is so vital that if the mistake were mutual the contract wouldbe voidable, and the party knowing the fact also knows that the other party does not know it.Humphries vBecker, Idaho 728, (2016)(citing Sowards vRathbun, Idaho 702, 707,P 3d 1245, (2000)In this case, the Company was not responsible to provide or disclosedocuments already signed and known to all partiesAs the Letter bears [redacted] 's signature, theCompany was under no obligation to provide this document to [redacted] for a second time.Furthermore, the Company had no duty to disclose to the Claimant that the Gift Amount was beingused to pay the Car Loan rather than for some other purpose.Lastly, to the extent that you have asserted the Letter was fraudulently signed, the Company isunaware of any evidence which supports the conclusion that the Letter is fraudulent and has nofurther comment on the issue.As previously offered, the Company agrees to reimburse the escrow fee of $The Companyat no time agreed to pay the remainder of your closing costs.If you have any questions or require any additional information, please contact me directly at 402-498-or amanda.e [redacted] @fnf.comPlease reference the above claim number in all futurecommunications with the Company.Respectfully,Amanda E [redacted] Associate Claims Counsel***Please see attached***Enclosures (the Borrower's Warranty Deed, the Premier Deed of Trust, the Letter, the Statements)**Attachments redacted by Revdex.com staff**

Initial Business Response /* (1000, 5, 2015/09/24) */
Contact Name and Title: Andrew *** Ops Mngr
Contact Phone: XXX-XXX-XXXX
Contact Email: ***@fnf.com
This closing was scheduled for Friday August 7th at 12pmAt the time of closing we had not yet received the closing package or
loan figures from the lenderThe figures arrived at approximately 1pm and approval to close was received approximately 1:The closing and funding process lasted until approximately 2:The wire for proceeds was initiated through our wire system at 3:Turn times for wires are based on volume both of the title company and Federal Reserve BankAs we strive to process wires out of our system as quickly as possible, circumstances beyond our control often dictate when the wire is releasedThe wire was initiated on Friday afternoon and received by his bank on Monday (one business day later) at 9:40amAn email was sent to the customer which included the federal reference number at 10:confirming the wireA refund for our services was issued to the customer in the amount of $Wire confirmation can be uploaded in order to protect NPI it has been omitted
Initial Consumer Rebuttal /* (3000, 7, 2015/09/25) */
(The consumer indicated he/she DID NOT accept the response from the business.)
HORSE PUCKY
No email was sent to me at 10:a.mthat MondayThe first communication between Fidelity and me on Monday August was when I SENT THEM an email at 10:a.mto find out why I had not heard anything after being promised, via my attorney, that "I will check into it first AM on Monday and let you know."
It was not until 12:p.mon Monday that I finally received confirmation of the wire transferTrue, the confirmation was sent to Fidelity at 10:a.mbut they did not proactively send it to me until I continued to raise a stink about why I was being left in the dark about my moneyAnd this entire interaction occurred WHILE I WAS LITERALLY DRIVING AWAY FROM CHICAGO FOR A FOUR-DAY JOURNEY ACROSS THE COUNTRY TO ***, like my day wasn't already going to be stressful enough?
REGARDLESS of why the transfer took so long to be processed and reach me, Fidelity's chief sins were:
a) failing to disclose ahead of time when my attorney and I opted for a wire transfer that it might not be processed until days later(I could have taken a paper check on Friday and had it safely deposited in my account instead of twisting in the wind all weekend and most of the day Monday waiting.)
b) promising to communicate with me first thing Monday and then failing to do so until _I_ initiated communicationsThen waiting another minutes to send me the wire confirmation that they already had in their possession
Fidelity and other title companies don't get chosen by consumersThey typically earn their business by having cozy relationships with the real-estate attorneys who represent those consumersThe risk of providing poor advance disclosure and terrible customer service is low because most people don't buy and sell homes every day - it's a once-a-decade or once-a-lifetime event
Explaining the implementation details of their internal processes does little to alleviate the stress, uncertainty and dissatisfaction caused by their ineptitude
Take some responsibilityAnd at least get your timeline right - I have the entire email chain, date stamps and all, right in my inbox
Final Business Response /* (4000, 9, 2015/09/28) */
We have issued a refund in the amount of $and extend our sincerest apologies
Final Consumer Response /* (2000, 11, 2015/09/29) */
(The consumer indicated he/she ACCEPTED the response from the business.)
Thank you for the apology and the refundResolution acceptedI would love it if this incident changed the internal policies at Fidelity so that the timing realities of ACH transfers, especially at the end of a business week, are proactively shared with home sellersThanks again!

December 22, Revdex.com Jefferson StNE, Suite A Albuquerque, NM Re: Revdex.com Complaint ID *** Dear Revdex.com, This letter is in response to the complaint ID ***I have spoken to the closing escrow officer, Tony P*** and the following transpiredThe
closing happened on November 18, and a three day right of rescission period must be taken which then allows us to disburse the payoffs on the 23rd of NovemberThe State Financial Credit Union payoff a.k.a(State Employees Credit Union) was sent on the 23rd but did not clear until December 6thWe did have the address for the State Employees Credit Union but not BMW Financial Services so therein lies the issue Mr*** hasTony did make a human error and thought that he had this information on BMW and *** he realized he didn't have the information he contacted the mortgage company for said informationHe did receive that information three days later and proceeded to send the check via mail to BMWBMW cleared the check on December 6thTony did try to wire the funds to BMW but they did not accept wiresAs far as Mr*** claim that we correct his credit report I would need to verify his claim that it's on his credit report so I would like to have a copy to address thatFidelity National Title is the disinterested third party in this transaction so a consumer warning about truth in lending would not be our jurisdictionI will contact Mr*** via phone today as to any additional charges he may have incurredThank you, Susan M*** Senior Vice President and State Manager

FYI - received your correspondence today in re: complaint above - in ther interim between when I filed the complaint and today, Fidelity National Title contacted me and refunded my title fees as I had requested - this complaint can be closedthank you!
*** ***

Ms. [redacted]:Fidelity National Title Company (the "Company") is in receipt of a complaint (the "Complaint")filed by you with the Revdex.com Northwest ("Revdex.com") regarding the transactionidentified as Escrow Number [redacted] (the "Transaction"). Please allow this letter to serveas a response...

to the contents of the Complaint.The facts presently known to the Company are as follows: By warranty deed recorded on May 31,2017, in Ada County, Idaho, you and [redacted] ("[redacted]") conveyed the propertycommonly known as [redacted] (the "Property") to [redacted].[redacted] and R[redacted] ("the Borrowers"). In order to secure financing for this transaction,the Borrowers obtained a loan (the "Loan") from Premier Mortgage Resources LLC ("Premier").The Borrowers granted a deed of trust to Premiere, recorded on May 31, 2017, in Ada County,Idaho, encumbering the Property.Due to an accounting error made on the Seller and Borrower Settlement Statements (collectivelythe "Statements"), a gift of equity letter (the "Letter") was not properly accounted for and theamount stated therein was incorrectly disbursed to you at the time of closing. The Letter was signedby [redacted] on May 22, 2017, gifting $10,481.94 (the "Gift Amount") to the Borrowers. Becauseof this error, sometime after the Transaction, you and [redacted] were notified that you had receivedthe Gift Amount in error. You were asked to return the Gift Amount. It was at this time that youallegedly became aware that the Gift Amount was for the purpose of paying off the Borrower'scar loan (the "Car Loan").The Complaint states that the Company failed to provide or disclose the Letter at the time ofclosing. The Complaint also alleges that the Letter was fraudulently signed and you and [redacted]would have realized that Premier was allegedly using your net proceeds to pay off the Car Loan,which you assert was to be rolled into the Loan. You also claim in the Complaint that the Companyoffered to pay your closing costs but then agreed to only cover your portion of the Company'sescrow fee. You have requested the Company pay the total closing costs of $4,233 .62 and wouldlike the Company to admit to failing to correctly execute the Transaction.With regard to your allegation that the Company failed to disclose the Letter at the time of closing,the Company denies liability for the same. A party may be under a duty to disclose: (1) if there isa fiduciary or other similar relationship of trust and confidence between the two parties; (2) inorder to prevent a partial statement of the facts from being misleading; or (3) if a fact known byone contracting party and not the other is so vital that if the mistake were mutual the contract wouldbe voidable, and the party knowing the fact also knows that the other party does not know it.Humphries v. Becker, 159 Idaho 728, 736 (2016)(citing Sowards v. Rathbun, 134 Idaho 702, 707,8 P 3d 1245, 1250 (2000). In this case, the Company was not responsible to provide or disclosedocuments already signed and known to all parties. As the Letter bears [redacted]'s signature, theCompany was under no obligation to provide this document to [redacted] for a second time.Furthermore, the Company had no duty to disclose to the Claimant that the Gift Amount was beingused to pay the Car Loan rather than for some other purpose.Lastly, to the extent that you have asserted the Letter was fraudulently signed, the Company isunaware of any evidence which supports the conclusion that the Letter is fraudulent and has nofurther comment on the issue.As previously offered, the Company agrees to reimburse the escrow fee of $241.50. The Companyat no time agreed to pay the remainder of your closing costs.If you have any questions or require any additional information, please contact me directly at 402-498-7099 or amanda.e[redacted]@fnf.com. Please reference the above claim number in all futurecommunications with the Company.Respectfully,Amanda E[redacted]Associate Claims Counsel[redacted]Please see attached[redacted]Enclosures (the Borrower's Warranty Deed, the Premier Deed of Trust, the Letter, the Statements)**Attachments redacted by Revdex.com staff**

Complaint: [redacted]
I am rejecting this response because: the information provided by the title company is not factual.  Title company is now claiming that they did not have the address for BMW Financial Services, yet a week after closing the Title company stated they did not have the address from State Employees Credit Union.  Up date from leander is provided below:From: [redacted] <[redacted]> Date: Wednesday, November 30, 2016 at 2:46 PM To: "[redacted]" <[redacted]> Subject: Re: BMW Financial ServicesThe payoffs to Wells Fargo and BMW were mailed out last Wednesday.The State Credit Union was mailed today. The Credit Union should get in in 2-3 days :) [redacted]First Mortgage Co.6731 Academy RD NEAlbuquerque , NM 87109 As stated earlier, Fidelity Title gave me miss information stating that BMW Financial Services and State Employee's Credit Union would receive wired funds.  That was miss information.  Then they sated that the checks went out Wednesday November 23rd.  Again false information.  [redacted] the funds were sent in an insecure check I waited weeks until BMW Financial Services and State Employees Credit Union were paid off, and I have yet to receive the title for vehicle purchased through BMW Financial Services.  I did talk to BMW Financial Services and they stated they received an unsecured check on December 7th and it would be 3 to 4 weeks until the unsecured funds cleared.If I had known Fidelity Title would give me miss information, or I had know it would take a month and a half to benefit from refinancing my home, I would have never agreed to use Fidelity Title.     On Nov 30, 2016, at 12:04 PM, [redacted] <[redacted]> wrote:Just in case the title company does not know how to get ahold of BMW Financial Services. From: [redacted] <[redacted]> Date: Wednesday, November 30, 2016 at 2:46 PM To: "[redacted]" <[redacted]> Subject: Re: BMW Financial Services The payoffs to Wells Fargo and BMW were mailed out last Wednesday.The State Credit Union was mailed today. The Credit Union should get in in 2-3 days :) [redacted]First Mortgage Co.6731 Academy RD NEAlbuquerque , NM 87109 On Nov 30, 2016, at 12:04 PM, [redacted] <[redacted]> wrote:Just in case the title company does not know how to get ahold of BMW Financial Services.
Regards,
[redacted] [To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the response. If the consumer does not provide a reason the complaint will be closed Answered]