Consumer complaint received 2019-05-15
Company: Williston Financial Group
State: MA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Closing on a mortgage

Complaint:
On XX/XX/2016 I purchased a vacant 3 family residential house in XXXX MA with intentions of renovating, expanding and renting. We financed the purchase through XXXX XXXX XXXX XXXX MA. Prior to closing, and after conducting our due diligence, we were informed by XXXX XXXX that we were to utilize their Attorney for the closing to represent us for the closing. The Attorney we were instructed to utilize was XXXX XXXX of XXXX MA. We had no existing relationship with XXXX nor any meetings prior to the closing, Attorney XXXX appeared very busy and seemed to be running a " factory '' of closings. We closed on the purchase at Attorney XXXXXXXX XXXX Office in XXXX MA and we were issued a free and clear Title with no encumbrances. 
Within days following the closing we discovered through a neighbor at the property that they stated an Easement existed on the large lot of 9 parking spaces. This Easement as they stated left us with access to only 3 of these parking spots with the remaining 6 being controlled by the neighboring condo association. Additionally they stated that they had difficulty with the terms of the Easement with the previous Owner of the property ( XXXX XXXX of XXXX, MA ) who was well aware of the Easement however failed to disclose the Material Fact during the transaction. And in retrospect made active misrepresentations of the Easement during the transaction. Immediately upon discovering this information I reached out to Attorney XXXX to get his opinion. Attorney XXXX within a short period replied and stated that clear as day my Title Examiner missed it As part of the transaction I purchased through XXXX ; Buyers as well as XXXX XXXX XXXX which XXXX wrote through WFG Title Insurance Company. The paperwork for the Title Insurance Policy took a significant amount of time to be forwarded however I finally received it. 
Due to the nature of what now seemed to be a fraudulent and complicated transaction and the potential large financial loss I stood to endure I researched and retained an Attorney to try and guide me through the process of filing a Title Insurance Claim. 
We filed paperwork with WFG notifying them of the claim and as the Policy states WFG needed to submit a written request so WFG would assume financial coverage of any legal fees I incurred in the event of a Title Insurance Claim. WFG acknowledged the claim and the request for legal representation. 
The purpose of Title Insurance is to protect a Consumer from errors & omissions as well as potential fraud in real estate transactions. WFGs Policy states in the event of a problem with the Title they will either repair the Title or make the Insured whole from damages. WFG has no ability to correct the Title unless they offered to purchase the land from the Easement Holders and we were able to abolish the Easement. That leaves WFG with the option of monetary compensation for the errors. 
WFG since the filing of the claim in 2016 has been non-responsive and un-willing to even discuss the claim. Their tactics have been by means of corporate ignorance and bullying. We heeded our Attorneys suggestion to file suit in Court claiming Negligence, Unfair Business Practice Prohibited by MGL Ch. 93A & Professional Liability against Defendant XXXX XXXX, XXXX. 
This case has made little to no progress and recently seems to have gone backwards through the Court System in the 3 years it has been pending. I am seeking any help and assistance to compel WFG National Title Insurance as well as Attorney XXXX XXXX to honor their Insurance Contract which was purchased. As one small Consumer I feel like I am being trampled on by a large financially backed Corporation which is hiding behind the Legal System and their Attorneys. In this State it is a necessity to purchase Title Insurance, Consumers assume that by purchasing Title Insurance they will be covered if something arises. Fortunately thousands of Consumers purchase Title Insurance and have no need to utilize the Insurance and the Title Insurance Companies collect millions of dollars. This time as a Consumer I needed the Title Insurance and assumed that the Insurance I purchased would cover me. Unfortunately that is not the case. I have now had to deal with this for almost 4 years with no resolution and an extreme financial and emotional hardship and burden due to the tactics of this Company not honoring their services. 
Please let me know if you need any additional information to look into this I am willing to provide any additional information required.

Company response to consumer: Closed with explanation