Consumer complaint received 2018-05-18
Company: Fidelity National Financial, Inc
State: AZ
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Closing on a mortgage

Complaint:
COMPLETE BREACH OF CONTRACT AND ILLEGAL CLOSING AND WIRING OF FUNDS BY XXXX XXXX XXXX A terrible injustice was committed by XXXX XXXX XXXX, XXXX XXXX by bypassing the contract addendum number 3 stating expressly that the " Close of Escrow '' ( COE ) will be on XX/XX/XXXX, signed by both parties, and now has caused undue harm to the first time home buyer of a principal residence. Due to NO final walk-through being allowed as stated in the contract ( SECTION : 6l : Lines 298-301in CONTRACT FOR XXXX XXXX ) causing water damage to the home. 
This injustice all began on : - XX/XX/XXXX when the initial contract began between the Seller and Buyer listed in ( CONTRACT FOR XXXX XXXX ). The buyer and the real estate agent initially walked the property on XX/XX/XXXX finding several items wrong with the dwelling ( Final Walkthrough ) which had to be completed before the purchase of the residence was to be completed. 
- XX/XX/XXXX {$1500.00} in Earnest Money was received and cashed by XXXX XXXX XXXX. 
- XX/XX/XXXX- ( addendum_extend_coe1 ) Both Seller and Buyer agrees to COE on XX/XX/XXXX to allow for inspection of home. ( Addendum_2_fulton ) states same inspection period granted by both parties. 
During XX/XX/XXXX and XX/XX/XXXX the Seller of the home asked for the COE to be moved from XX/XX/XXXX to XX/XX/XXXX prompting ( addendum_3 ), to allow for the tenant who was living in the residence and related to the Seller, time to find a new home. The Buyer being kind agreed to this and both parties signed and the Seller even initialed the top of the addendum. 
- XX/XX/XXXX- XXXX XXXX illegally began to " close '' on the property without first getting the addendum adjusted ... She also had a courier send illegal closing documents to the Buyer without adjusting the BINDING addendum XXXX to the contract requesting additional funds for closing. At no time did she CC the Realtor during this process. ( ILLEGAL EMAIL THREAD ) - XX/XX/XXXX- XXXX again illegal contacted the Buyer coercing signature and final payment. 
- XX/XX/XXXX- XXXX XXXX is notified that the tenant has moved out and requests a date to push up the date for the COE from XX/XX/XXXX, and also requested when a new BINDING addendum can be drawn up. 
- XX/XX/XXXX- XXXX sends a congratulatory email to the Realtor saying that COE was completed and the home was sold ... THAT IS A COMPLETE BREACH OF CONTRACT. 
-XX/XX/XXXX- Buyer does a " final walkthrough '' and discovers NOTHING WAS COMPLETED BY THE SELLER!! There were also additional appliances that were not supposed to be in the residence still there leading to this complaint!! The dishwasher was not plugged in and working which is a part of the breached contract!! The washing machine was left in the residence and to " ensure that everything was working appropriately per the breached contract '' the buyer did a small load of clothes and the washing machine which was BROKEN over flowed and flooded both the upstairs and the water flowed through the ceiling to the downstairs through the ceiling fan ( VIDEO WAS CAPTURED IF CFPB NEEDS TO VIEW ) ... 
**Bottom Line, if DUE DILIGENCE was done by XXXX XXXX XXXX , adjusting the COE on an addendum and a TRUE FINAL WALKTHROUGH WAS DONE ... A final decision could've been made by the Buyer ( i.e. all appliances would've been tested and a decision could've been made )

Company response to consumer: Closed with explanation