Consumer complaint received 2017-07-27
Company: FIRST AMERICAN FINANCIAL CORPORATION
State: NV
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Closing on a mortgage

Complaint:
First American responded to our previous CFPB complaint ( XXXX ) by a letter dated XX/XX/XXXX along with providing a closing instructions which raised additional questions. CFPB, NOTE THAT THIS IS NOT A DUPLICATE COMPLAINT! Per the CFPB directors office, we are entitled to file an additional complaint if the company fails to answer all of our questions or if additional questions are raised! First American stated ; " the lenders instructions requested a copy of the Deed of Trust to be sent to the lender with the original being retained for recording ''. Now ; per the documents provided by First American, there is no mention that the lender, XXXX XXXX XXXX  required First American Title to send a copy to the lender and retain the original Deed of Trust for recording! The document at the other hand does reflect in box 1 that two ( 2 ) certified copies of HUD I note, Deed of Trust, Warranty Deed and any other document sent for recording. So, can First American Title reflect the exact location on this closing instruction form where XXXX XXXX  requested to have copies sent to them and to have First American Title hold the original Deed of Trust for recording purposes? First American Title stated in their letter dated XX/XX/XXXX ; " in response to XXXX XXXX 's question regarding the method in which the final policy and/or the original Deed of Trust would have been sent, the file does not show the manner in which the policy and/or the original Deed of Trust were sent to XX/XX/XXXX on XX/XX/XXXX ''. Now, per your transmittal letter dated XX/XX/XXXX that First American provided, it clearly reflects that the document attached or enclosed was a policy of title insurance. There was no mention of the original Deed of Trust enclosed. Now, is n't it a fact that all original mortgage documents are suppose to be sent to the lender by XXXX, XXXX or USPS with tracking? Is n't it a company policy of First American to maintain accurate records? Please provide a response to our questions and please provide documentation. Also, please review the dispute that I sent to the CFPB for case # XXXX. Disputing First American response : First American Title failed to answer our questions once again and failed to provide the documentation that we requested. Per our initial CFPB complaint XXXX which was submitted on XXXX XXXX XXXX states ; First American stated in the previous complaint that the lenders instructions requested a copy of the Deed of Trust to be sent to the lender with the original being retained for recording. Does First American have the written instructions from XXXX XXXX XXXX collaborating your statement? If so, please provide the written statement from XXXX XXXX XXXX! First American title stated that they retained the original Deed of trust for recording. Does First American title have any additional records such as shipping and tracking information to prove that they sent our original Deed of Trust to XXXX XXXX XXXX after recording on XX/XX/XXXX? If so, please provide documentation ( shipping information ) on the carrier that shipped this package to XXXX XXXX XXXX which contained the original Deed of Trust! Please provide which carrier, date and tracking number used to send the original Deed of Trust to XXXX XXXX XX/XX/XXXX! We further stated ; we are not harassing your company. We seeking the truth and justice if any wrong doing has occurred. Now, First American provided a closing instructions document along with a written response to our complaint dated XX/XX/XXXX. CFPB, please refer to these documents! First American stated ; XXXX XXXX also claims that his questions have not been answered despite First American providing a response to each of the questions asked. Rebuttal ; please refer to each of our CFPB complaints against First American where you will see that First American did not provide a response to each of our questions now or in some of the past complaints! First American further stated ; in XXXX XXXX latest complaint, he requested copies of the instructions from the lender. Included with this response are the lenders instructions requesting two copies of the Deed of Trust which would have been returned with the closing documents. Rebuttal ; CFPB please refer to the closing instructions that First American provided! 1st, please refer to the date, XX/XX/XXXX @ XXXX XXXX in question. 2nd, please refer to the additional requirements section, title commitment policy provide title within 45 days after loan disperses. CFPB, please refer to the closing documents section. There are five requirements checked in the closing document section. 1st box checked which states ; two ( 2 ) certified copies of HUD I note, Deed of Trust, Warranty Deed and any other document sent for recording. 2nd box checked which states ; you are to secure 3 copies of a valid survey in area where surveys are customary. 3rd box checked which states ; one ( 1 ) certified copy of restrictions and/or easements of records is required. 4th box checked which states ; Hazard insurance, obtain a one year fire & extended coverage homeowners policy & paid receipt & acceptable rating. 7th box checked which states ; if the property was constructed prior to XX/XX/XXXX, please provide a copy of the Lead Based paint or lead based paint hazards disclosure that was given to the borrowers by the seller. Now, as you can see from this document provided by First American that there are no other requests by the lender. Furthermore, there is no mention in this closing document section that the investor, XXXX XXXX XXXX requested First American to return two copies of the Deed of Trust with the closing documents with the original Deed of Trust retained for recording as First American stated! First American provided a false statement to a federal agency that must be addressed by federal and state agencies! First American further stated ; according to the records in the file, the title policy was sent to XXXX XXXX XXXX on XX/XX/XXXX. Also being provided with this response is a transmittal letter that would have been sent to the lender with the lenders title policy. Rebuttal ; the title transmittal dated XX/XX/XXXX only states ; please find enclosed policy of Title Insurance per your request. Now, a transmittal letter accompanies a larger item in this case its a policy of Title Insurance. The transmittal letter provides the recipient with a specific content and serves as a record of that object being delivered. As you can see, this title transmittal does not include our original Deed of Trust! Furthermore ; this document does not prove that XX/XX/XXXX received the policy of Title Insurance from First American! First American further stated ; in response to XXXX XXXX question regarding the method in which the final policy and/or original Deed of Trust would have been sent, the file does not show the manner in which the policy and/or the original Deed of Trust were sent to XXXX XXXX XXXX on XX/XX/XXXX. Although there is no indication of the method in which these documents would have been sent to XXXX XXXX XXXX on XX/XX/XXXX there is again no indication or evidence to support XXXX XXXX claim that a copy of the Deed of Trust was recorded. Rebuttal ; per the transmittal letter provided by First American, this transmittal dated XX/XX/XXXX does not indicate that the Original Deed of Trust was also enclosed! Furthermore ; every company that sends a legal document will send the original documents via XXXX, USPS or XXXX with tracking so the sender will have a record of it and so the lender could retain the original document for their records! So, why doesnt First American have any record of how they sent our original Deed of Trust to XXXX XXXX XXXX? Did First American fail to do their job correctly by not sending the original document by a carrier and keep the tracking information for their records? Without any documentation from First American to confirm their statement, it would be safe to assume that First American sent our original documents to XXXX XXXX XXXX on XX/XX/XXXX as First American stated in a previous CFPB complaintXXXX reflects. Please note in our initial complaint we asked First American, 1st we signed a note and Deed of Trust at the XXXX Nevada location on XX/XX/XXXX for XXXX XXXX XXXX. What was the date that First American Title sent the ORIGINAL documents to XXXX XXXX XXXX? 2nd, how did First American Title send those documents, XXXX XXXX, USPS or XXXX? Per First American response dated XX/XX/XXXX, First American stated ; First American has already informed XXXX XXXX of the method in which documents were sent to his lender which was done by XXXX and it is believed that this shipment occurred on XX/XX/XXXX. First American further stated ; First American has answered each of XXXX XXXX questions in every instance in which he has complained, which complaints are all repetitive of his unfounded claim that a copy was recorded is based on his belief that the original Deed of Trust would have been sent to the lender prior to the recording of the Deed of Trust. First American further stated ; First American reiterates that it will not take any part of XXXX XXXX continued harassment or attempts at removing the Deed of Trust that he executed which was recorded against his property. Rebuttal ; CFPB, please refer to all of our complaints against First American. You will be able to see that First American did not answer all of our questions as they just stated! Furthermore ; XXXX XXXX is NOT harassing First American as they stated but rather making sure that all companies affiliated with mortgages must comply with all federal and state laws! Companies that fail to comply with federal and state laws must have action taken against them. As you well know ; the financial crises of XX/XX/XXXX-XX/XX/XXXX were caused by investors, banks and other mortgage related companies! As you can see, First American continues to maintain their innocence but they have no documentation to support their claims. Instead, First American has a document that they provided in a previous complaint that does in fact support our claim that First American sent our original documents ( Note & Deed of Trust ) too XXXX XXXX XXXX on XX/XX/XXXX, seven ( 7 ) days prior to recording our Deed of Trust with the XXXX County Recorders Office! We request that state and federal agencies investigate this matter. We request that the CFPB forwards this complaint over to the Nevada Attorney Generals Office for an investigation into this matter! If First American Title did in fact violate our laws, NRS 111.312 requirements for recording certain documents, First American must be held accountable for their actions including but not limited to the following ; fines being imposed, court action, criminal charges filed, incarceration, lawsuit filed for mental and emotional damages. The State of Nevada must place a hold on recording any mortgage related document on our parcel until this matter is resolved! The State of Nevada must also remove the Deed of Trust that was recorded by the XXXX County Recorders Office on XX/XX/XXXX, instrument # XXXX for recording improperly! The State of Nevada must require the servicer, XXXX XXXX XXXX to re-record the Deed of Trust with the original document present at the XXXX County Recorders Office so a XXXX County document examiner can verify that the original Deed of Trust does in fact exist prior to recording! Per the law, if the original document does not exist, the lender or servicer can not enforce the Note and/or the Deed of Trust without the original documents!

Company response to consumer: Closed with explanation