Consumer complaint received 2016-04-26
Company: FIRST AMERICAN FINANCIAL CORPORATION
State: AZ
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Application, originator, mortgage broker

Complaint:
'First American Title Insurance Company of Texas XXXX / '' First American Trustee Servicing Solutions XXXX Largents have sent certified mail with return reciept of " Notice of Rescession to officers of First American Title Insurance Company.. XXXX XXXX as the successor Trustee Authorized Signatory. 
Notice to Agent is Notice to Principal and Notice to Principal is Notice to Agent. 
The Alleged creditor/beneficiary in this case is THE XXXX AS TRUSTEE FOR CERTIFICATE XXXX ASSET-BACKED CERTIFICATES SERIES XXXX XXXX 1. The live agents of respondent have joint and several, fail, refuse or neglected to lawfully respond to the Demandant's/Largent 's : Notice of Default and Notice of Default in Dishonor , Discharge of Obligation to Pay Instrument ; and, Lawful Demand for Reconveyance. Notice of Rescission Dated : XXXX XXXX XXXX. 
2. LARGENTS ' CLAIM THAT FIRST AMERICAN TITLE INSURANCE COMPANY AS TRUSTEE ... MUST CANCEL THE FORECLOSURE SCHEDULED XXXX XXXX XXXX. 
Under Title XXXX XXXX XXXX ( regulation Z ) part ( a ), a service does not have the rights of a holder in due course and therefore, do not have the right to foreclose. 
You are hereby given notice that any attempt to foreclose on my property will be construed as prima fascia evidence that you are committing fraud. 
3. Loan Information Broker, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX, AZ XXXX ; Lender, XXXX XXXX Mortgage XXXX, XXXX XXXX XXXX XXXX, # XXXX, XXXX, AZ XXXX ; Servicing, XXXX XXXX LoansXXXX XXXX, XXXX, TX, XXXX Loan Type, ARM, Six-Month XXXX, Refinance, Loan Amount : $ XXXXXXXXXXXX Document Date : XXXX/XXXX/XXXX ***Violations*** ( A ) XXXX - FDIC Statements of Policy XXXX. Imprudent Underwriting. It 's important to note that in a refinance loan, the lender engages third party service providers as these services are required by the lender. Therefore, pursuant to XXXX ( a ) ( XXXX ) & ( XXXX ), the cost of third party service providers such as escrow related costs, lender required recording fees, notary fees, title endorsements, etc. or any other services required by the lender are considered a " Finance Charge '' if the lender requires the use of that service. Because the lender did not include these charges, the adjusted Amount Financed is {$140000.00}. Therefore, the Final Truth In Lending Statement ( Exhibit XXXX ) understates the amount of Finance Charges by the amount of {$380.00}. It 's also important to note that pursuant to XXXX. XXXX ( g ), finance charges may not be understated by more than {$100.00} for the purpose of damages or, pursuant to XXXX ( i ), {$35.00} for the purpose of rescission if foreclosure proceedings have been initiated. 
XXXX. Under Disclosure of Finance Charge -- I have investigated the Finance Charge as disclosed on the Final Truth In Lending Statement ( Exhibit XXXX ) by running a 30 year amortization schedule and have noted that the total of interest the lender will receive is {$270000.00}. When added to the finances charges of {$3600.00}, the total Finance Charge is {$270000.00}. Therefore, the Finance Charge is under disclosed by an amount of {$390.00}. Please refer to the Supporting documents for the remaining violations

Company response to consumer: Closed with explanation