Consumer complaint received 2016-09-16
Company: Bay Area Title Services, LLC
State: TX
Product: Mortgage
Sub-product: Other mortgage
Issue: Settlement process and costs

Complaint:
On XXXX XXXX, 2016, my wife and I closed on a property sale at XXXX XXXX XXXX, here in XXXX. Bay Area Title Services handled the Closing. Present at the Closing were myself, my wife XXXX, our Real Estate Agent XXXX XXXX and XXXX XXXX, the closing agent for Bay Area Title Services. We had received the Closing Disclosure prior to the closing and I had reviewed the contents. At the Closing I disputed the charge to the seller for the prorated property taxes citing that my wife was a XXXX veteran and we had a property tax exemption at XXXX XXXX XXXX for the 2016 tax year. XXXX XXXX replied that upon the sale of a property all exemptions are removed and the new owner would be liable for the entire year of taxes, therefore, the seller was liable for the taxes levied during the sellers occupancy of the property. I did not agree, but relented due to pressure from my Real Estate Agent and my wife who cited that XXXX XXXX was the " Professional '' and she must know what the rules are. We closed and we paid the {$1400.00} in prorated taxes for the period from XXXX XXXX, 2016 to XXXX XXXX, 2016. 

The first week of XXXX 2016, my wife and I visited the Tax Office to claim the XXXX Veteran Exemption on our current residence. We were told by XXXX XXXX, the Exemptions Clerk at the Tax office, that there was still a XXXX Veterans Exemption on the property an XXXX XXXX XXXX and that exemption was in effect until XXXX XXXX, 2016. There were no taxes due on that property, XXXX XXXX XXXX, except for those accrued from XXXX XXXX, 2016 until XXXX XXXX, 2016. XXXX XXXX stated that we should not have been charged for property taxes because the property was exempt. 

I visited with XXXX XXXX that same day and relayed to her that we were improperly charged Property Taxes and that I expected a refund of the Taxes I paid I the amount of {$1400.00}. XXXX XXXX attempted to side-step the issue of her mistake by referring me to Box # XXXX on the Closing Acknowledgement and Disclosure Form which refers to Property Tax Amounts changing from what they were at closing. The Property Tax amounts did not change. What happened was XXXX XXXX did not do proper research on the Tax Exemption issue and therefore caused a XXXX Veterans Property Tax Exemption to be dismissed. Her suggestion was that I should go knock on the Buyers door and tell him that HE owes me {$1400.00}. 

What XXXX XXXX could have done and should have done when an objection was raised at the closing table, was to call the Tax Office and get a clarification on the Exemption Rules and find out what the actual taxes were rather than display her Self righteous, know-it-all attitude and dispute the validity of my claim to a tax exemption. That not being the case, when I brought the information to her concerning the Exemption, she should have looked at the situation she caused, dismissal of a valid Tax Exemption and improperly charging a XXXX Veteran erroneous taxes, and said " You know, I think I messed that one up, what can we do to fix it. ". But XXXX XXXX, at our last meeting, was still insistent that she did nothing wrong or improper, even though XXXX XXXX from the Tax Office called and talked to her, in person, and told that we were exempt from Property Taxes on XXXX XXXX XXXX .

Company response to consumer: Untimely response