Consumer complaint received 2022-01-31
Company: Post Oak Title
State: LA
Product: Mortgage
Sub-product: Home equity loan or line of credit (HELOC)
Issue: Closing on a mortgage

Complaint:
Post Oak Title Company 's, Title Attorney, XXXX XXXX XXXX, cleared the chain of title for the closing of my home. However, the chain of title included fraudulent recorded securities transfers. XXXX XXXX did not contract servicer, XXXX XXXX XXXX XXXX XXXX for my property. XXXX XXXX was the owner and servicer of my XXXX HELOC. 

XXXX XXXX XXXX, XXXX contacted me in XXXX stating that they were the servicer for XXXX XXXX. This was not true. XXXX XXXX never recorded a transfer of the servicer to XXXX XXXX XXXX XXXX XXXX XXXX XXXX said they never had an agreement with XXXX  XXXX XXXX XXXX XXXX to become the servicer of my HELOC. 

In XX/XX/XXXXXXXX XXXX XXXX XXXX XXXXXXXX filed a Transfer of Lien ( with the XXXX XXXX XXXX XXXX XXXX Texas ) from Owner, XXXX XXXX, and XXXX XXXX XXXX XXXX XXXX, Servicer to XXXX XXXX XXXX XXXX, new owner, and XXXX XXXX XXXX XXXX XXXX, Servicer. XXXX XXXXXXXX XXXX XXXX is not a registered entity with the Texas Secretary of State and can not do business and/or initiate litigation in Texas. 

I responded to XXXX  from XXXX through XXXX, that I did not have a contract with XXXX XXXX XXXX XXXX. Therefore, my HELOC could not be owned by them. 

XXXX XXXX XXXX XXXX  could not enter into a contract with XXXX XXXX XXXX XXXX XXXX to become their Servicer since a contract is required. XXXX XXXX could not do business in Texas. 

In XX/XX/XXXX, XXXX  filed another Transfer of Lien with the Property Clerk of XXXX XXXX Texas. The transfer stated that XXXX XXXX XXXX XXXX  owner and XXXX XXXX XXXX XXXX XXXX XXXX transferred it assignment to XXXX XXXX XXXX XXXX XXXX. XXXX  for XXXX XXXX XXXX XXXX, Owner, and XXXX XXXX XXXX XXXX XXXX, Servicer. This could not be true since XXXX XXXX XXXX is not a registered entity to do business in Texas. Those filings were fraudulent securities instruments. 

Also making those securities instruments fraudulent were the " Attorney in Fact '' signors. Those persons who signed those securities instruments were not authorized by the required Power of Attorney from the CEO, CFO or Upper Management Designees. 

Post Oak Title Company, hired an Attorney named XXXX XXXX XXXX. XXXX XXXX was the Title Attorney on my closing. XXXX XXXX was also the Real Estate Attorney for the Buyer, XXXX XXXX XXXX, XXXX. XXXX XXXX XXXX, XXXX owner, XXXX XXXX was aware that my litigation was active regarding the STAY on my home. XXXX XXXX assured me that she made XXXX XXXX aware of that. 

However, XXXX XXXX did not honor the Stay rules regarding the law which stated if any deductions are made against the Stayed property, that money deducted must be returned right away. 

Post Oak Title Company did not give me closing documents on XX/XX/XXXX. The only closing document I received was the HUD Settlement Statement 6 months after closing. Post Oak Title Company Title Attorney refused to send copies of all checks/wire for those deductions listed on HUD Settlement Statement and/or Payoff Statement. 

Post Oak Title Company closed on XX/XX/XXXX without a clear chain of title. That negligence caused me to move out of my property while I was still legally the owner of.

Post Oak Title Company closed on XX/XX/XXXX without any funding. The Title Attorney, XXXX, created a fake General Warranty Deed with Lien stating I owed {$280000.00} to XXXX XXXX XXXX dated XX/XX/XXXX. This is a fraudulent securities instrument filed with the property clerk. This document was used to set up a Short Sale per XXXX  's Attorney, XXXX XXXX of XXXX XXXX XXXX XXXX. 

Note that XXXX XXXX XXXX is listed as the Lender on the HUD Settlement Statement. HUD represented stated that the HUD Settlement Statement I received from XXXX was not recorded with their office. 

Post Oak Title Company ignored the fact that there was a zero balance on my property. Statements were available to prove that XXXX XXXX XXXX XXXX Department sent a copy of a ledger that had {$0.00} balance due on as of XX/XX/XXXX in an email. In XX/XX/XXXX, XXXX  Account Statement said there was a zero balance and XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, said my account was " paid in full ''. 

Therefore, the XX/XX/XXXX closing should have not had any lien payoff to XXXX XXXX XXXX XXXX XXXX XXXX 

Again, XXXX XXXX XXXX, XXXX should not be able to access any money from the sale of my home since they do not have a legal contract with me. XXXX XXXX XXXX XXXXXXXX XXXX. Trust could not be Trustee for XXXX XXXX XXXX XXXX  since XXXXXXXX XXXX could not do business.

Company response to consumer: Untimely response