Texas Secure Title Company, LLC

*** ***
Revdex.com *** ** *** *** *** ** *** Ref: Bernard *** Complaint ID #*** Dear Ms*** Texas Secure Title (TST) has received the complaint filed by Bernard *** to the Revdex.com. To begin addressing immediately, TST acknowledges that there was a break in communication with respect to staff making a comment as to "holding taxes" where a formal escrow agreement was not completed for such action post-closing. As a title company, TST issues title insurance policies to insure buyers and lenders against loss or damage due to liens, taxes and other risks that may cause the buyer or lender to sustain a financial burden that was established before land ownershipPursuant to its closing practices and protocol, TST must collect and verify taxes levied against the subject property are paid when dueMr*** had an escrow account with his mortgage lender, M&T Bank, which also pays taxes. His lender deducted the tax payment from his escrow account, but the checks had not yet been received by the tax collector (the County) at the time of closing. As the title agent in the transaction, TST was obligated to collect and pay taxes that were due. This time of year (October through December) can be very tricky because title companies pay taxes and mortgage lenders pay taxes. At closing, because a formal escrow agreement was not prepared nor signed, TST sent the tax payment to the County. There are two tax collectors for this property -Tarrant County who collects for the County- and the ISD and Dallas County collects for the City of Grand Prairie. Once it was discovered that both TST and M&T Bank had sent in tax checks, TST immediately started calling the two county offices to verify payment was received. Tarrant County verified that both our check and M&T Bank's check had been received. We filed for a refund to be sent directly to Mr***. We sent Mr*** evidence from Tarrant County that his refund was being processed and was being sent to his new address. Dallas County has not yet received M&T Bank's check for the Dallas County Tax payment. As TST advised Mr***, even with a formal escrow agreement to hold the taxes, TST would have been forced to render payment to Dallas County by the last week of January to avoid a Tax Penalty. TST has called Dallas County every day to ask if the check from M&T bank has been received so TST could apply to have a refund sent to Mr***. As of this date, February 1, Dallas County does not have a check from M&T Bank. TST has called M&T Bank multiple times but because it is not the account holder the bank is unwilling to give TST any information on the loan or the tax paymentTST followed up with a call to M&T Bank with Mr*** on the line and talked to the bank for an hour to try to get some proof that the bank paid the Dallas County tax bill. The bank juggled TST from one department to the other for an hour and did not provide any written evidence of the check. TST would sincerely love to help Mr***, but from its position in the subject transaction, TST is not aware of another way it could help. The way TST understands Mr***’s chief complaint is that, allegedly, TST said it would hold the taxes in an escrow agreement until his bank paid the taxes, then TST would refund Mr*** directly. TST did not do this, and it has counseled our closing staff regarding this. What TST wants to express and emphasize is that even if that was done, TST could not have held the taxes past January 25th because TST would have been required to pay the taxes to Dallas County at that time (so as to not violate Texas Department of Insurance closing standards). TST’s formal escrow agreement states that if the taxes are not posted as paid by the seller's lender, TST must send the tax paymentI have suggested Mr*** continue working with M&T Bank regarding the payment of the Dallas County taxes. If the bank sent the check in with missing or incorrect information Dallas County will refund the tax check, and at that time M&T will send Mr*** his funds, as the loan is paid in fullTST is more than willing to work with Mr*** and continue to lend support until a resolution is obtained. If I can provide any additional information, please let me know Thank you, *** *** President Texas Secure Title Company