W F G National Title Company of Washington LLC

[redacted] Please See Attached Documents [redacted] WFG National Title Company of Washington, LLC ("WFG") is in receipt of your notice dated October 27, in reference to the Complaint ID: # [redacted] submitted by [redacted] to the Revdex.com on October 16, WFG is in the process of conducing an internal investigation and will respond to this complaint by November 20, Thank you for your consideration Sincerely, WFG National Title Company of Washington Alice T [redacted] AVP/Associate Counsel ***@wfgnationaltitle.com

[redacted] Please See Attached Documents [redacted] November 24,2015VIA EMAIL AND FAX [redacted] Revdex.comPO Box 1000Dupont, WA [email protected]: (206)-431-22lla Williston Financial Group companyRE: Revdex.com Complaint ID: # [redacted] Dear Ms [redacted] :WFG National Title Company of Washington, LLC ("WFG") submits this letter in response toComplaint ID: # [redacted] submitted by [redacted] to the Revdex.com onOctober 16,(the "Complaint")The Complaint concerns the sale of property located at [redacted] by [redacted] ("Seller") to [redacted] ,LLC ("Buyer") on September 15,(the "Transaction")The Buyer's lender was OpesAdvisors, Inc("Lender")Ms [redacted] is requesting a credit of $2,from the Transactionalong with a refund of WFG's $closing cost fee.A settlement agent conducts and oversees the closing on behalf of the buyer and seller as anindependent and neutral party in a real estate purchase transactionThe settlement agent acceptsthe purchase funds into an escrow account from the buyer or buyer's lender and is then requiredto disburse funds pursuant to a transaction's purchase and sale agreement (i.eSeller-Buyercontract) and accompanying settlement agent instructionsBoth the purchase and sale agreementand settlement agent instructions are compiled by the seller and buyer of the transactionEscrowcloses and the transaction is completed when all terms of the purchase and sale agreement andsettlement agent instructions are carried out and all funds are disbursedThe closing cost is paidto the settlement agent for overseeing the above transaction and for completing the closingInthis Transaction, WFG was selected by the Seller and Buyer as the neutral and independent thirdparty settlement agent.Our investigation has revealed the following findings:(1) In connection with the closing, WFG was provided with an Addendum/Amendment tothe Purchase and Sale Agreement dated September 14,(September Addendum),attached hereto as Attachment AThe September Addendum clearly and unambiguouslystates the "Seller will credit buyer $at closing." The September Addendumadditionally states that "Earnest Money shall be released in the amount of $fromholding agent, Coldwell Banker Bain " The $2,amount was not deposited intoescrow with WFG.(2) The Transaction's final settlement statement HUD-dated September 15,2015(Settlement Statement), attached hereto as Attachment B, shows on Line "SellerCredit to Buyer--- $2,956.50".(3) On September 15,2015, WFG concluded its duties as settlement agent and disbursed theclosing funds in accordance with the Settlement StatementAny Earnest Moneydeposit(s)/credit(s) to Buyer from Seller was to be released directly from the holdingagent Coldwell Banker pursuant to the September Addendum.( 4) On October 5, 2015, approximately three weeks after the Transaction's closing, Buyerand Seller requested WFG to amend the $2,credit to the BuyerWFG explained tothe Buyer and Seller that an amendment to both the September Addendum and theSettlement Statement would first need to be requested of, and re-approved by, the Lenderin order to reverse the creditWFG submitted the amendment request to the Lender forre-approval.(5) On October 7, 2015, the Lender rejected the amendment to the September Addendum andthe Settlement Statement on the basis that the September Addendum and the SettlementStatement provided a clear and unambiguous agreement between Buyer and Seller tocredit $2,to BuyerDue to the clear and unambiguous language in the SeptemberAddendum, Lender was unable to approve any revised addendums as the originalcontract expiration date had already lapsedThe Lender's rejection of the amendment ismemorialized in an e-mail exchange attached hereto as Attachment CAt this point,WFG was unable to take further action without Lender approval.As stated above, a settlement agent serves as a neutral third party acting on the writteninstructions agreed to by the two parties, the seller and the buyerIt is incumbent upon the buyerand seller to provide clear and unambiguous instructions to the settlement agent so the settlementagent can complete its duties by collecting the correct documents and disburse the fundsaccording to such documents.Based on our findings, we conclude the following:(1) In this Transaction, Buyer and Seller provided clear and unambiguous instructions Sellerwill credit Buyer $2,at closingAdditionally, the instructions clearly andunambiguously further stated that the holding agent, Coldwell Banker Bain, wouldrelease the earnest money deposit of$2,as that credit from Seller to the Buyer (seeAttachment A).(2) WFG, as the neutral third party settlement agent, correctly conducted the closing inaccordance with the Buyer and Seller's agreed upon terms as memorialized in theSettlement StatementAs WFG did not receive the earnest money amount of$2,956.50,WFG had no such funds to disburse.(3) WFG's settlement agent's closing fees were properly earned because WFG correctlyconducted the closing and disbursed the closing funds in accordance with the closingdocuments.In conclusion, it is WFG's position that any dispute regarding the Seller's Credit to Buyer isbetween the Buyer and the SellerWithout specific instructions by all parties to the transaction,WFG cannot simply disburse fundsTo the extent the Seller has a dispute with the credit to theBuyer, it is the Seller's obligation to obtain approval of any changes in the settlement agentinstructions from the Lender prior to closingSuch approval did not occur, therefore, WFG doesnot owe the Seller the $2,credit paid to Buyer under the TransactionAdditionally, asWFG performed its duties as a settlement agent in accordance with the closing documents andsettlement agent instructions, WFG does not owe a refund of the closing cost fees to the Seller.Thank you for your considerationPlease do not hesitate to contact the undersigned should youhave any further questions or concerns.Encl.cc: VIA EMAILDonald O'***l, WFGEVP/ Chief Compliance OfficerJoseph VM***, WFGEVP/ General CounselSincerely,WFG National Title Company of Washington

[redacted] Please See Attached Documents [redacted]
WFG National Title Company of Washington, LLC ("WFG") is in receipt of your notice dated October 27, 2015 in reference to the Complaint ID: #[redacted] submitted by [redacted] to the Revdex.com on October 16, 2015. WFG is in the process of...

conducing an internal investigation and will respond to this complaint by November 20, 2015.
Thank you for your consideration.
Sincerely, 
WFG National Title Company of Washington
Alice T[redacted]
AVP/Associate Counsel
[redacted]@wfgnationaltitle.com

[redacted] Please See Attached Documents [redacted]
November 24,2015VIA EMAIL AND FAX[redacted]Revdex.comPO Box 1000Dupont, WA [email protected]: (206)-431-22lla Williston Financial Group companyRE: Revdex.com Complaint ID: #[redacted]Dear Ms. [redacted]:WFG National Title Company of Washington, LLC ("WFG") submits this letter in response toComplaint ID: #[redacted] submitted by [redacted] to the Revdex.com onOctober 16,2015 (the "Complaint"). The Complaint concerns the sale of property located at[redacted] by [redacted] ("Seller") to [redacted],LLC ("Buyer") on September 15,2015 (the "Transaction"). The Buyer's lender was OpesAdvisors, Inc. ("Lender"). Ms. [redacted] is requesting a credit of $2,956.50 from the Transactionalong with a refund of WFG's $764.40 closing cost fee.A settlement agent conducts and oversees the closing on behalf of the buyer and seller as anindependent and neutral party in a real estate purchase transaction. The settlement agent acceptsthe purchase funds into an escrow account from the buyer or buyer's lender and is then requiredto disburse funds pursuant to a transaction's purchase and sale agreement (i.e. Seller-Buyercontract) and accompanying settlement agent instructions. Both the purchase and sale agreementand settlement agent instructions are compiled by the seller and buyer of the transaction. Escrowcloses and the transaction is completed when all terms of the purchase and sale agreement andsettlement agent instructions are carried out and all funds are disbursed. The closing cost is paidto the settlement agent for overseeing the above transaction and for completing the closing. Inthis Transaction, WFG was selected by the Seller and Buyer as the neutral and independent thirdparty settlement agent.Our investigation has revealed the following findings:(1) In connection with the closing, WFG was provided with an Addendum/Amendment tothe Purchase and Sale Agreement dated September 14,2015 (September Addendum),attached hereto as Attachment A. The September Addendum clearly and unambiguouslystates the "Seller will credit buyer $2956.50 at closing." The September Addendumadditionally states that "Earnest Money shall be released in the amount of $2956.50 fromholding agent, Coldwell Banker Bain .... " The $2,956.50 amount was not deposited intoescrow with WFG.(2) The Transaction's final settlement statement HUD-1 dated September 15,2015(Settlement Statement), attached hereto as Attachment B, shows on Line 509 "SellerCredit to Buyer--- $2,956.50".(3) On September 15,2015, WFG concluded its duties as settlement agent and disbursed theclosing funds in accordance with the Settlement Statement. Any Earnest Moneydeposit(s)/credit(s) to Buyer from Seller was to be released directly from the holdingagent Coldwell Banker pursuant to the September Addendum.( 4) On October 5, 2015, approximately three weeks after the Transaction's closing, Buyerand Seller requested WFG to amend the $2,956.50 credit to the Buyer. WFG explained tothe Buyer and Seller that an amendment to both the September Addendum and theSettlement Statement would first need to be requested of, and re-approved by, the Lenderin order to reverse the credit. WFG submitted the amendment request to the Lender forre-approval.(5) On October 7, 2015, the Lender rejected the amendment to the September Addendum andthe Settlement Statement on the basis that the September Addendum and the SettlementStatement provided a clear and unambiguous agreement between Buyer and Seller tocredit $2,956.50 to Buyer. Due to the clear and unambiguous language in the SeptemberAddendum, Lender was unable to approve any revised addendums as the originalcontract expiration date had already lapsed. The Lender's rejection of the amendment ismemorialized in an e-mail exchange attached hereto as Attachment C. At this point,WFG was unable to take further action without Lender approval.As stated above, a settlement agent serves as a neutral third party acting on the writteninstructions agreed to by the two parties, the seller and the buyer. It is incumbent upon the buyerand seller to provide clear and unambiguous instructions to the settlement agent so the settlementagent can complete its duties by collecting the correct documents and disburse the fundsaccording to such documents.Based on our findings, we conclude the following:(1) In this Transaction, Buyer and Seller provided clear and unambiguous instructions Sellerwill credit Buyer $2,956.50 at closing. Additionally, the instructions clearly andunambiguously further stated that the holding agent, Coldwell Banker Bain, wouldrelease the earnest money deposit of$2,956.50 as that credit from Seller to the Buyer (seeAttachment A).(2) WFG, as the neutral third party settlement agent, correctly conducted the closing inaccordance with the Buyer and Seller's agreed upon terms as memorialized in theSettlement Statement. As WFG did not receive the earnest money amount of$2,956.50,WFG had no such funds to disburse.(3) WFG's settlement agent's closing fees were properly earned because WFG correctlyconducted the closing and disbursed the closing funds in accordance with the closingdocuments.In conclusion, it is WFG's position that any dispute regarding the Seller's Credit to Buyer isbetween the Buyer and the Seller. Without specific instructions by all parties to the transaction,WFG cannot simply disburse funds. To the extent the Seller has a dispute with the credit to theBuyer, it is the Seller's obligation to obtain approval of any changes in the settlement agentinstructions from the Lender prior to closing. Such approval did not occur, therefore, WFG doesnot owe the Seller the $2,956.50 credit paid to Buyer under the Transaction. Additionally, asWFG performed its duties as a settlement agent in accordance with the closing documents andsettlement agent instructions, WFG does not owe a refund of the closing cost fees to the Seller.Thank you for your consideration. Please do not hesitate to contact the undersigned should youhave any further questions or concerns.Encl.cc: VIA EMAILDonald O'[redacted]l, WFGEVP/ Chief Compliance OfficerJoseph V. M[redacted], WFGEVP/ General CounselSincerely,WFG National Title Company of Washington