Consumer complaint received 2020-07-30
Company: All Credit Considered Mortgage, Inc.
State: CT
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Closing on a mortgage

Complaint:
On XX/XX/XXXX I sold a property at XXXX XXXX XXXX, XXXX CT XXXX that I solely owned with Rights of Survivorship after my husband passed away XX/XX/XXXX. During this title conveyance I discovered that I was not the legal property owner and the The Estate of XXXX XXXX was the Grantor of title. Only I would be able to authorize a title transfer from my solely owned property and I never did. 

Even more concerning is that my husband 's Will was formally admitted to the XXXX Probate Court ( District XXXX ) after his probate estate was opened by Attorney XXXX XXXX ( XXXX ID XXXX ), XXXX XXXX XXXX XXXX XXXX XXXX on XX/XX/XXXX. His Will bequeathed all assets to his wife and stated any residual property was to be transferred to a Trust for sole purpose for his wife for life and thereafter to his sons. Clearly after 25 years of marriage he trusted I would care for our children. XXXX Probate Court, however did not. On XX/XX/XXXX they appointed a Guardian Ad Litem, Attorney XXXX XXXX XXXX ( XXXX ID to represent my children in probating a Will that they had no assets. She signed a bond waiver granting Fiduciary Estate power and a Notice of Creditor Ad ran in the newspaper string estate Fiduciary was appointed by decree on that day. I did not have my hearing scheduled until XX/XX/XXXX or Executor appointment until XX/XX/XXXX. His Will appointed the Trustee if a Trust was needed, to be be me with this sister XXXX XXXX as a Successor Trustee. I was appointed the estate Executor by decree on XX/XX/XXXX and was the only person legally authorized to open a Testamentary Trust. I never did because there was no residual property. 

The new Ct Uniform Trust Code effective XX/XX/XXXX clearly states that any Trust opened fraudulently is void, as it should be. So I have grave ethical concerns regarding how The Estate of XXXX XXXX was transferred the title to a property that passed outside of estate control and could only be held by a Trustee Deed. There has never been any disclosure of a Testamentary Trust publicly in XXXX Probate Court records or XXXX Town Land Records where a Trustee title needs to be recorded by law to be valid. Despite this, there is an abundance of evidence to show a Trust was opened, including loan pay off to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  letters directing me as sole owner to retitle any home owners insurance policy into the Estate of XXXX XXXX, XXXX conveyance tax forms confirming an Estate was the listed Grantor although my attorney refuses to give me the Schedule A for this tax form that she signed on my behalf and even a letter from the XXXX Probate Court informing me that I must submit a Disclaimer of Trust in order to close my late husband 's estate based on probate form XXXX that states an Executor can close a full estate based on small estate affidavit. This form is in direct vi=olation of Ct Statutory Law 45a-275 that states " Sections 45a-273 and 45a-274 shall apply only to estates of decedents for whom no will is presented for probate ''. This conveyance of Title to The Estate of XXXX XXXX means that my home owners insurance policy was invalid unless titled under an Estate Trustee name. It also means my rights to sell or fight foreclosure were taken away from me. 

So, I wanted to make sure my new home property title for XXXX XXXX XXXX XXXX, XXXX CT XXXX never is conveyed to a probate estate trustee for a Trust, especially one that would have had to be fraudulently opened! So, I called and emailed ACC Mortgage Inc,  XXXX # XXXX XXXX XXXX XXXX XXXX, XXXX, MD XXXX asking for a fully executed Deed or Trust document with identification of Successors and Assigns. ACC recorded my Warranty Deed in the XXXX Town Land Records with MERS listed as mortgagee with a clear understanding from my mortgage broker that it is a mortgage between myself and ACC. I need to be confirmed in writing that MERS did not accept any assignment to a 3rd party. Lenders should by law need to disclose all Successor and Assigns when MERS is listed as the mortgage because there are serious legal  implications if the title has been conveyed to a Trustee. This gives away my rights to sell or fight foreclosure. I am asking for your help to get a copy fully executed Deed of Trust and requesting full disclosure if title has been transferred to a Trustee who possess a lien on the property. This current system is rip [ e with fraud if MERS is allowed to record a deed but the borrower does not have access to view the notarized deed in order to be informed of who has title rights. 

Since ACC was not responding to my requests for confirmation of title, I requested my closing attorney, XXXX XXXX ( XXXX ID XXXX ) to disclose to me information regarding any Deed of Trust associated with the title conveyance, specifically inquiring if the probate Estate of XXXX XXXX was transferred ownership on behalf of myself as sole beneficiary, designated Trustee, Estate Executor and legal guardian to possible qualified beneficiaries, XXXX XXXX XXXX and XXXX XXXX XXXX. Attorney XXXX told me she submitted a OP-236 Conveyance tax form on behalf of me as sole Grantor but the document clearly states there are 2 deeds and title was conveyed by LLC, S-Corporation, Estate or Trust. She drafted and recorded my Warranty Deed for XXXX XXXX XXXX, XXXX CT XXXX and should know the property passed outside of an Estate. Tax records confirm she did not file this conveyance tax form for XXXX XXXX. Because XXXX XXXX XXXX XXXX clearly identifies The Estate of XXXX XXXX as the title owner, the tax form and XXXX XXXX XXXX confirmed the conveyance tax was paid to a Town Clerk in XXXX XXXX, I fear the deed with true title rights is not the one recorded in XXXX. Approximately two months after closing the XXXX conveyance, Attorney XXXX finally sent me the Title Insurance policy that I paid with my personal bank acct and it did document I was the sole title owner. But, so did my title policy for XXXX XXXX and I was not. I then decided to check with my insurance broker, Mr. XXXX XXXX. 

My property insurance at XXXX XXXX was taken out in my sole name after my husband passed as it should since I was the sole property owner. So, whenever the title was transferred without my knowledge to The Estate of XXXX XXXX my insurance payments were wasted and my home uninsured. Trust Law is clear that home owners insurance policy must be listed in the name of the titled owner. XXXX XXXX XXXX XXXX continued to send me letters directing me to change my policy to the Estate, but I thought it was in error because my house passed outside an estate. I decided to double check with my home insurance broker Mr. XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, # XXXX, XXXX, CT XXXX who issued my home insurance policy from XXXX XXXX XXXX XXXX Policy # XXXX. I asked him to confirm in writing that the policy is not associated with any Estate or Trust and he confirmed by email it is solely titled to me. I had concerns though, because the policy was issued before I signed any insurance binders. These were not signed until XX/XX/XXXX almost a month after the closing. 

I feel it is an unethical practice if Deeds of Trusts are recorded through MERS  but borrowers are led to believe MERS only represents the lending bank. If property title is assigned to a 3rd party it should be mandatory to disclose this fact to the borrower because it has significant legal implications regarding property rights and home owners insurance. I ask your help to investigate this. I even wonder if Trust assets may have been used to qualify for the loan since I was allowed to put down 20 % when all other mortgage lenders demanded 50 % or more based on my assets. If my loan was application included assets from a Trust that I did not even know existed this would be highly unethical.

Company response to consumer: Closed with explanation