Consumer complaint received 2020-11-21
Company: Fidelity National Financial, Inc
State: AZ
Product: Mortgage
Sub-product: Home equity loan or line of credit (HELOC)
Issue: Closing on a mortgage

Complaint:
PLEASE, PLEASE READ CAREFULLY AND HELP US RE : Mortgage Title Company and Bank Error Causing Personal Devastation and Could Result in the Loss of Our Home. 

Parties involved in complaint : 1 ) Chicago Title/Fidelity Insurance Company, A Fidelity National Financial Company ; ( Chicago Title/Fidelity ), successor to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. 
2 ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. 
3 ) XXXX XXXX XXXX  XXXX XXXX XXXX XXXX  XXXX. 
4 ) XXXX XXXX XXXX XXXX, XXXX. XXXX XXXX XXXX, successor to XXXX XXXX XXXX XXXX XXXX XXXX XXXX. 
5 ) XXXX XXXX XXXX, d/b/a XXXX XXXX XXXX XXXX XXXX, successor to Mortgage Electronic Registration Systems ( MERS ), successor to XXXX XXXX XXXX XXXX XXXX XXXX XXXX, successor to XXXX XXXX XXXX XXXX XXXX, successor to XXXX XXXX  XXXX XXXX XXXX An Arizona Corporation XXXX XXXX XXXX. 
6 ) Security Title Agency, A Fidelity National Financial Company ( Security Title/Fidelity ), successor to Security Title Agency , Inc. ( Security Title ). 

Parties involved, but no longer in business : 1 ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. 
2 ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX. 
3 ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. 
4 ) XXXX XXXX XXXX XXXX XXXX. 

This issue is regarding our lengthy and unsuccessful efforts for correction of a major error in title that occurred at the closing of a refinance of our home in XXXX by Security Title and the bank at that time, XXXX. They failed in their duty to cause our new mortgage Deed of Trust to be filed in the Arizona XXXX County Recorders Office in valid 1st position, free from liens, encumbrances, easements, encroachments and other title matters as required by the Specific Closing Instructions of Chambers. They neglected to obtain the proper documents required and the previous loan was never released or closed. These failures created a chain of events that have resulted in catastrophic financial damage for us and could result in the loss of our home. 

Security Title, in all documents ( see attached ) certified, and guaranteed they had obtained the Deed of Release and Reconveyance releasing the XXXX Deed of Trust and closed the account as requested in all closing instructions. In reality, these commitments were not fulfilled, leaving the old XXXX Personal Equity Manager Home Equity Line of Credit Agreement open and in 1st position. Over the years of the banking chaos and closures, that XXXX loan account resurfaced and has blocked our efforts of refinancing that would allow us to save significantly with lower interest rates. 

This error in title is causing devastating loss for us. We have fought this battle for years, since it was discovered in XXXX with our first failed refinance attempt since the XXXX Chambers refinance, but to no avail. Please refer to the attached supporting documentation and chronological list of events for a detailed description of what transpired. Please, review every detail carefully. We need your help. 

We have contacted all parties involved multiple times by phone, email, and correspondence. We filed appeals with Chicago Title/Fidelity ; they are unwilling to assist us stating the Title Policy we purchased only protects the lender, not the borrower. Our mortgage company, XXXX, filed a title insurance claim with Chicago Title/Fidelity ; they did recognize the title chain error but deny the title insurance claim unless we default on our loan, even though the policy insures the XXXX  loans Deed of Trust to be a valid 1sts position lien, which it is not according to Arizona date of filing law. We filed a claim with the Arizona Department of Financial Institutions. They said we have a very good case for a civil lawsuit. We consulted four different attorneys and hired XXXX XXXX XXXX, Esq. of XXXX XXXX XXXX to represent us in negotiation efforts. Mr. XXXX fought for us and our case for two years, but with no success. 

We are a very hard-working middle-class couple quickly approaching our retirement years ; ages now XXXX and XXXX. Our hands are tied and our future uncertain because of the error made in title by the experts at our XXXX refinance that was closed through Security Title. Through no fault of our own, we are now unable to refinance our home for a substantially lower interest rate which would have allowed us the funds needed to pay down the loans. Those windows of opportunity have now closed. XXXX XXXX error has placed our mortgage in jeopardy, and no one will touch our loan because of the unclear title. 

We have ALL documentation proving XXXX XXXX and WAMUs mistakes. We have all closing documents of the XXXX XXXX refinance. We have copies of correspondence, emails, phone conversations, claims, and their responses. We can, and will, provide anything needed to help resolve this issue. 

We realize this is lengthy, containing many documents and a great deal of information. But we implore you to please read every word in order to fully understand the chain of events that led to this calamity. It is vitally important in our efforts to save our home. 

We have attached a chronological list of events, with descriptions of each event, along with supporting documents. There are 4 separate files attached totaling 69 pages. 


We greatly appreciate your assistance.

Company response to consumer: Closed with explanation