Siena Title LLC

Initial Business Response / [redacted] (1000, 5, 2015/10/06) */ Siena Title was the closing company representing the buyers of the sale of the property that [redacted] was of the sellersWe closed the buyers late on the afternoon of September 23, and didn't receive the documents from the sellers until after the closing time in the UPS for the sellers pre-signedThe sellers chose not to attend the closingIf the sellers would have attended the closing they would have received the check at the end of the closingAll sellers signed a form (attached) stating that they would like there proceeds check mailed to themWe mailed them on the 24th of September I received an email from the sellers real estate agent on Tuesday, September 29th stating that they didn't receive the funds and want the proceeds wired immediatelyI informed him that I would have to stop pay on the checks and once we got word from the bank the checks where stopped I would send the wires out which is typically a hour turn time with the bank to issue the stop paysI also informed him that I would need wiring instructions for all partiesI didn't receive all wiring instructions from the sellers until 4:30PM that dayWe can't send wires out after 3:00PM for that is our bank cutoffI informed him that I would send the wires out first thing in the AM on September 30thI also informed him that Siena Title would not charge the $wire fee to process the wire for themSO for stopping pay on the checks Siena Title incurred $and an additional $to send wires for the sellers proceedsThe sellers may have been charged an incoming wire fee from their bankSiena Title didn't charge the sellers anything to wire the proceeds and Siena Title can't help if the sellers bank charge them for an incoming wireI tried to explain all of this to [redacted] who was calling approximately every minutes on the 30th and sending nasty emailsShe wouldn't listen and would hang upSiena Title did our best to accommodate the request of the sellers as quickly as possible Please feel free to contact us to further discuss and/or request further information Thank you! Tina [redacted] Initial Consumer Rebuttal / [redacted] (3000, 7, 2015/10/09) */ (The consumer indicated he/she DID NOT accept the response from the business.) Buyers were at property mid-afternoon on 9/23/ Sellers were not "invited" to attend buyer's closing Proceed checks were not mailed/post marked until 9/29/ Siena held funds for six days Wired funds were not in buyer's accounts until after 10: AM on 9/30/(after I contacted Siena) The four buyers got the stop pay checks in mail on 9/30/ My brother got my sister's check, my sister got my brother's I left messages to Siena on voice mail the morning of 9/30/with no response At 10:AM on 9/30/I emailed closerShe replied by phoneI did not hang up Final Business Response / [redacted] (4000, 9, 2015/10/20) */ Siena Title represented the buyers on this transactionIn Minnesota, real estate closings are considered "table funded", with the buyers and sellers both typically present at the closingIt was indicated to us very early in the proceedings by the title company representing the sellers that they were choosing not to attend the closing and to pre-sign their documents beforehandWe were instructed that this was going to be the case due to the unusually high number of sellers and that the signed closing documents would be overnighted to usAs representation of the buyer, Siena Title would not have "invited" the sellers to the closingThe scheduling is coordinated between the two closing companies representing both the buyer and the sellerIt would have been at the discretion of the seller's title company to contact the sellers regarding any plans put in place regarding the scheduled closing Per the Purchase Agreement, the seller shall deliver possession of the property no later than immediately after closing The sellers were given multiple options for avenues of funding and chose to have their proceeds mailed to themIn doing so, they also signed a form stating that Siena Title is not responsible for the length of time it would take the checks to reach them via the US Postal ServiceSiena Title in no way intentionally "held" the seller's funds for any reason for any length of timeThe funding of the loan occurred in as timely of a manner as possible We were contacted on the 29th regarding the seller's dissatisfaction regarding their choice of fundingWe did NOT state we would wire the funds to their account at pm, nor did we promise the funds would be in their respective accounts by am the next dayThey were misinformed of this information by their realtorWe received the seller's wiring instructions from their realtor at 4:pm the afternoon of the 29thThis is over an hour beyond our bank's cutoff time to initiate wires At 8:am on the morning of the 30th, four wires were initiated at no cost to the sellers by Siena Title for the proceeds of this home saleIf the sellers incurred any fees regarding these wires, it would have been by their own banks for the processing of the incoming wireI will reiterate; Siena Title did NOT charge the sellers for any of the wires or the corresponding stop payment fees that had to occur in order to accommodate the seller's request

Initial Business Response /* (1000, 5, 2015/10/06) */
Siena Title was the closing company representing the buyers of the sale of the property that [redacted] was 1 of the 8 sellers. We closed the buyers late on the afternoon of September 23, 2015 and didn't receive the documents from the...

sellers until after the closing time in the UPS for the sellers pre-signed. The sellers chose not to attend the closing. If the sellers would have attended the closing they would have received the check at the end of the closing. All 8 sellers signed a form (attached) stating that they would like there proceeds check mailed to them. We mailed them on the 24th of September.
I received an email from the sellers real estate agent on Tuesday, September 29th stating that they didn't receive the funds and want the proceeds wired immediately. I informed him that I would have to stop pay on the 4 checks and once we got word from the bank the checks where stopped I would send the wires out which is typically a 24 hour turn time with the bank to issue the stop pays. I also informed him that I would need wiring instructions for all parties. I didn't receive all wiring instructions from the sellers until 4:30PM that day. We can't send wires out after 3:00PM for that is our bank cutoff. I informed him that I would send the wires out first thing in the AM on September 30th. I also informed him that Siena Title would not charge the $30 wire fee to process the wire for them. SO for stopping pay on the 4 checks Siena Title incurred $140 and an additional $120 to send 4 wires for the sellers proceeds. The sellers may have been charged an incoming wire fee from their bank. Siena Title didn't charge the sellers anything to wire the proceeds and Siena Title can't help if the sellers bank charge them for an incoming wire. I tried to explain all of this to [redacted] who was calling approximately every 20 minutes on the 30th and sending nasty emails. She wouldn't listen and would hang up. Siena Title did our best to accommodate the request of the sellers as quickly as possible.
Please feel free to contact us to further discuss and/or request further information.
Thank you!
Tina [redacted]
Initial Consumer Rebuttal /* (3000, 7, 2015/10/09) */
(The consumer indicated he/she DID NOT accept the response from the business.)
1. Buyers were at property mid-afternoon on 9/23/15
2. Sellers were not "invited" to attend buyer's closing
3. Proceed checks were not mailed/post marked until 9/29/15
Siena held funds for six days.
4. Wired funds were not in buyer's accounts until after 10:30
AM on 9/30/15 (after I contacted Siena)
5. The four buyers got the stop pay checks in mail on 9/30/15.
My brother got my sister's check, my sister got my brother's
6. I left messages to Siena on voice mail the morning of
9/30/15 with no response
7. At 10:19 AM on 9/30/15 I emailed closer. She replied by phone. I did not hang up.

Final Business Response /* (4000, 9, 2015/10/20) */
Siena Title represented the buyers on this transaction. In Minnesota, real estate closings are considered "table funded", with the buyers and sellers both typically present at the closing. It was indicated to us very early in the proceedings by the title company representing the sellers that they were choosing not to attend the closing and to pre-sign their documents beforehand. We were instructed that this was going to be the case due to the unusually high number of sellers and that the signed closing documents would be overnighted to us. As representation of the buyer, Siena Title would not have "invited" the sellers to the closing. The scheduling is coordinated between the two closing companies representing both the buyer and the seller. It would have been at the discretion of the seller's title company to contact the sellers regarding any plans put in place regarding the scheduled closing.
Per the Purchase Agreement, the seller shall deliver possession of the property no later than immediately after closing.
The sellers were given multiple options for avenues of funding and chose to have their proceeds mailed to them. In doing so, they also signed a form stating that Siena Title is not responsible for the length of time it would take the checks to reach them via the US Postal Service. Siena Title in no way intentionally "held" the seller's funds for any reason for any length of time. The funding of the loan occurred in as timely of a manner as possible.
We were contacted on the 29th regarding the seller's dissatisfaction regarding their choice of funding. We did NOT state we would wire the funds to their account at 5 pm, nor did we promise the funds would be in their respective accounts by 9 am the next day. They were misinformed of this information by their realtor. We received the seller's wiring instructions from their realtor at 4:05 pm the afternoon of the 29th. This is over an hour beyond our bank's cutoff time to initiate wires.
At 8:50 am on the morning of the 30th, four wires were initiated at no cost to the sellers by Siena Title for the proceeds of this home sale. If the sellers incurred any fees regarding these wires, it would have been by their own banks for the processing of the incoming wire. I will reiterate; Siena Title did NOT charge the sellers for any of the wires or the corresponding stop payment fees that had to occur in order to accommodate the seller's request.