Consumer complaint received 2017-09-13
Company: FIRST AMERICAN FINANCIAL CORPORATION
State: NV
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Closing on a mortgage

Complaint:
CFPB, THIS IS NOT A DUPLICATE COMPLAINT. XXXX XXXX XXXX RAISED ADDITIONAL QUESTIONS AND ARE ENTITLED TO ASK ADDITIONAL QUESTIONS PER THE CFPB OMBUDSMAN OFFICE. 
Now, XXXX XXXX XXXX responded to complaint # XXXX on XX/XX/XXXX, which I am disputing XXXX XXXX XXXX response and will provide additional facts. Now ; First American stated in complaint # XXXX ; First American directs XXXX XXXX attention to the 3rd page of the lender instructions that were previously provided to him where the lender instructed please send the Deed of Trust and the Title policy to the address below Per CFPB complaint # XXXX, XXXX XXXX XXXX provided a response letter along with closing instruction in response to our questions. Now, on page 3 of this document states ; a copy of the hazard insurance policy and the title commitment is to be sent to the lender in the closing package. Now ; no where within this section states ; please send the Deed of Trust and the title policy to the address below. CFPB, please review the documentation that is provided! First American, does your response sound like the information provided on this document? Can First American provide a copy of this document and circle the area in question? 
First American further stated in their previous response ; First American may not have been able to respond to some of XXXX XXXX questions regarding the method and manner in which the original deed of trust would have been sent to the lender as the records for that occurred in XX/XX/XXXXdo not have this information as the time period to retain records for this transaction expired years ago. The response provided are based on the information available which is stored in First American electronic database and First American has provided the documents it has which are pertinent to XXXX XXXX complaint. Now, isnt it true that XXXX XXXX XXXX policy is to upload every document into your data base for future use? Furthermore, isnt it true that you maintain all the records that we are seeking but do not want to disclose anymore documents since I caught XXXX XXXX XXXX recording our Deed of Trust improperly? First American, isnt it true that the time period to retain records are for hard copies only and not for electronic databases? First American, isnt it true that if the lender requested information or documents from First American pertaining to a loan that First American was involved with, First American would need to provide it to the lender at anytime? 
XXXX XXXX XXXX further stated in previous CFPB complaints ; First American has responded and answered all of our questions. Now, here are a couple of complaints to prove that First American failed to answer all of our questions! Per CFPB complaint # XXXX, First American failed to answer all of our questions. We asked XXXX XXXX XXXX if the lender ever cashed out this insurance policy! First American stated ; XXXX XXXX is not the insured on this policy and XXXX XXXX is not entitled to the information regarding the lenders policy. Now, even though we are not the insured, does not mean that we can not ask if this policy was ever cashed out because your company is not providing the lenders personal information! Furthermore, since fraud has occurred with our mortgage loan, we should be allowed to ask additional questions regarding this insurance policy! Now, First American could have responded with a yes or no, if the lender ever cashed out the policy without violating the lenders rights. 

Now, per CFPB complaint # XXXX which was submitted on XX/XX/XXXX, First American responded. Per CFPB complaint # XXXX which was submitted on XX/XX/XXXX, First American responded. Per CFPB complaint # XXXX submitted on XX/XX/XXXX, First American responded. Per CFPB complaint # XXXX which was submitted on XX/XX/XXXX, First American answered our questions. Per CFPB complaint # XXXX which was submitted on XX/XX/XXXX, First American failed to answer all of our questions. We asked in our complaint ; isnt it a fact that all original mortgage documents are suppose to be sent to the lender by XXXX, XXXX or USPS. I also asked ; isnt it a policy of First American to maintain accurate records. Per CFPB complaint # XXXX clearly asks additional questions and First American responded on XX/XX/XXXX, which clearly reflects that your company failed to answer all of our questions! CFPB, please review the attached documentation provided! Per CFPB complaint # XXXX which was submitted on XX/XX/XXXX, First American responded! Per CFPB complaint # XXXX which was submitted on XX/XX/XXXX, First American clearly provided a partial response! CFPB, please review all documentation provided! Per CFPB complaint # XXXX, we asked ; isnt it a company policy of First American to maintain accurate records! We also asked, is First American aware of 18 U.S Code 1001, false statements! We also asked, is it safe to assume that when a company sends a title transmittal ( cover letter ) the letter will state in the transmittal letter every document that is being sent! We also asked, is it safe to assume that since the original Deed of Trust was not mentioned in the title transmittal, the original Deed of Trust was never sent with the title transmittal! We also asked, isnt it a fact that all original mortgage documents are suppose to be sent to the lender by XXXX, XXXX, USPS! Now, no where within First American response addressed these questions! This means that First American stated a false statement to a federal agency which investigates each complaint for any and all wrong doing! Is First American aware that complaints were filed against XXXX XXXX XXXX just to name one company and in XX/XX/XXXX; the CFPB completed an investigation and fined XXXX {$2.00} XXXX for servicing wrong doing? Now, in your last response you stated ; although First American may not have answered each and every question asked by XXXX XXXX, First American has responded to each of XXXX XXXX prior complaints with the information First American has! First American, with the information that I provided above, does that sound like your statement is accurate, that First American responded to each of XXXX XXXX prior complaints? 
First American further stated ; the recording of the deed of trust was done to provide notice of that security interest in favor of the lender. As such, even arguing or proving that a copy of the deed of trust was recorded would not remove it from public records as XXXX XXXX hopes as a title examiner looking at the title records would still determine that XXXX XXXX lender has a security interest against the property. Documents are also simply not removed from the recorders office. First, as explained in previous CFPB complaints, we want a title examiner to view the so called original Note and the Original Deed of Trust that XXXX XXXX XXXX claim to have in their possession, in order to verify authenticity! Furthermore, when a law has been violated, the State authorities such as the court can fine the person or company for any and all wrong doings. Furthermore, the State of Nevada can remove recorded documents since this document can be obtained by the lender or servicer for fraud purposes when the original documents are lost! This is the reason why we are requesting the servicer to allow us to view the original documents with a document examiner to verify authenticity! So, First American stated that this Deed of Trust that First American recorded can not be removed is a false statement! With this being said, does XXXX XXXX XXXX know of any Nevada law that allows companies to record legal document illegally without any recourse? Does First American know of any Nevada law that requires the XXXX County Recorders Office to keep existing documents on the recorders website when the document was not recorded properly? Is XXXX XXXX XXXX aware that a court order can remove this recorded Deed of Trust from the recorders office due to improperly recording which violates Nevada law? 
In our last CFPB complaint, First American further stated ; to put it in another way, XXXX XXXX could not demonstrate any harm or loss even if a copy of the Deed of Trust were recorded. First, went a law is violated ; the person or company responsible must be held accountable for their action. Second, when a bank, servicer commits fraud, it affects everyone as you had seen in the mortgage crises in XXXX! If the investor looses the original note and the original deed of trust, the investor, servicer or the trustee can not legally enforce the note and deed of trust! When a modification occurs, the investor, servicer or the trustee must maintain the original Deed of Trust in order to make the modification valid! When a company loses the original mortgage documents, such as the deed of trust, the company can go to the recorders office and retrieve a copy of the Deed of Trust when its not recorded properly in our case! When a title company does not record a legal document properly, that action can cause potential fraud which affects everyone including us. These issues have caused us unnecessary stress and anxiety. Furthermore ; if the modification agreement becomes null and void, we could possibly lose our home due to these bad business practices! So, with this being said, XXXX XXXX XXXX actions have in fact caused us additional mental and emotional distress which has been pointed out above! These companies can retrieve the recorded copy of the Deed of Trust to show proof of ownership! So, how can XXXX XXXX XXXX state in writing that we have not demonstrated any harm or loss even if a copy of the Deed of Trust were recorded? 
We request that First American answers all of our questions and under penalty of perjury! Since First American Failed to address all of our issues, the complaints will be used in a court of law to determine if First American violated our laws and to hold First American Title accountable for their actions! Furthermore, we are not harassing First American as they stated in multiple CFPB complaints. We are seeking the truth and justice against people and companies that have violated consumer rights and violated our laws!

Company response to consumer: Closed with explanation