Consumer complaint received 2024-08-22 00:00:00
Product: Mortgage — Other type of mortgage
Issue: Closing on a mortgage — Closing disclosure or other related disclosures
Company: Fidelity National Financial, Inc
State: CA

Complaint narrative:
XXXX XXXX XXXXXXXX XXXX XXXX XXXX ca XXXX Phone XXXX XXXX Police report declaration Introduction mom passed XX/XX/XXXX family sold main property XX/XX/XXXX through Fidelity national title company XXXX California The fraud took place XX/XX/XXXX went escrow XXXX XXXX XXXX closed title and paid off over XXXX to shark Bail bonds for a invalid fraudulent XXXX deed trust fraudulently listed on XXXX Nationals title report to the wrong bail bond company noting bail u out bail bond company on XXXX XXXX is not the same as shark bail bond company on XXXX XXXX The XXXX most important title escrow XXXX XXXX XXXX overlooked XXXX the year the notary expired on the deed of trust XX/XX/XXXX and the year the document was originated XX/XX/XXXX In this particular case the notary expired XX/XX/XXXX In California the notary law States notary commission expired 4 years at midnight Therefore if the notary expires XX/XX/XXXX it had to be issued and or obtained XX/XX/XXXX Therefore the deeds of trust date XX/XX/XXXX raises a clear issue of Fraud by criminal negligence The escrow XXXX failed to review fraudulent deeds of trust on the title report before issuing any payoff demands noting it is impossible to notarize a XXXX deed of trust with a identification or commission number not issued until XXXX basically if the commission number on that same XXXX deed of trust expired in XXXX noting California commission numbers only last 4 years it's much easier to see the commission number expiring in XXXX had to be issued in XXXX therefore the XXXX notary expiration date identifying the XXXX issuing date supersede the date of the deed of trust sends a clear signal the deed of trust is invalid fraudulent and compromised please note when a escrow XXXX review documents on a title report it is extremely important that the escrow XXXX is aware of state notary laws not only for documents listed on the title report but also for the escrow officers own notary of legal documents ********************************************************************************************************************* XXXX The second issue the name on the commission notary stamp was XXXX XXXX who was also the owner of the bail bond company raising a red flag for public notary conflict of interest violations ********************************************************************************************************************* XXXX The third issue the escrow overlooked the bail bond company business name on the deed of trust was bail you out Bail bonds But the payoff demand of over {$48000.00} was to XXXX XXXX bonds a completely different entity and bail bond business therefore the escrow XXXX paid the wrong bail bond company and fraudulently placed or listed the wrong bail bond company on the final seller statement shark bail bond instead of bail u out bail bond company who's XXXX XXXX was held by American contractors XXXX XXXX XXXX and most important the XXXX deed of trust listed XXXX bail bond from XXXX until XXXX 20 years later after all cases were over all the bail bond were exonerated and deeds of trust should be reconveyed and removed from record not to mention notary fraud noting this should have been a clue for the escrow XXXX before paying out over XXXX ********************************************************************************************************************* The fraud took place XX/XX/XXXX at Fidelity national title company XXXX XXXX California XXXX escrow XXXX XXXX XXXX XXXX violating California XXXX, Penal Code - PEN XXXX ( a ) Every person who knowingly and designedly, by any false or fraudulent representation or pretense, defrauds any other person of money, labor, or property,, is punishable in the same manner and to the same extent as for larceny of the money or property so obtained. 
Forgery under California Penal Code Section 470 PC, is a white collar crime that involves falsifying a signature or seal or counterfeiting documents as part of a fraud scheme.

A forgery offense can be committed in the following ways : By altering, corrupting or falsifying legal documents ( wills, property conveyances, court records or any other legal writing that can be used as evidence in a court of law ) ( California Penal Code Section 470 ( c ) PC ) By falsifying, altering, counterfeiting, publishing or uttering any of the following documents ( California Penal Code Section 470 ( d ) PC ) Property Deeds Leases on real property Contracts To prove that the defendant committed forgery, a prosecutor must be able to establish that : The defendant committed one of the forgery acts listed above AND He or she acted with the specific intent to defraud someone else or an institution 2. Related Offenses Other similar or related offenses include : Offering or Preparing False Evidence California Penal Code Section 132 PC and California Penal Code Section 134 PC Presenting False Written Evidence is a crime under California Penal Code Section 132 PC and the broader offense of Preparing False Evidence is a crime pursuant to California Penal Code Section 134 PC.

Penal Code 132 PC only deals with written evidence such as fake wills, falsified records or forged receipts.

Preparing False Evidence is a wider-reaching offense that requires the following elements : The defendant prepared a false or forged " matter or thing, '' which can be a book, paper, record, or written instrument AND he or she did so with the intent to deceive.

*********************************************************************** Conclusion Therefore petitioner XXXX XXXX submit and report this crime of fraud according to California Code, Penal Code - PEN 532 Forgery under California Penal Code Section 470 PC ( California Penal Code Section 470 ( d ) PC ) California Penal Code Section 132 PC to Clovis police who have jurisdiction for all Colvis businesses to submitted the report to the Fresno district attorney for all actions deemed appropriate against escrow officer XXXX XXXX well as Fidelity national title company Clovis California branch please review attached exhibits XXXX  fidelity sellers ' statement and 2004 deed of trust the exhibits clearly indicated the wrong company was listed on the sellers statement and the notary commission was invalid Accordingly California has a doctrine of respondeat superior, which is a form of vicarious liability that holds employers responsible for their employees ' negligent or wrongful actions if those actions occur within the scope of employment.

BASIC LEGAL PRINCIPLES A. Respondeat Superior The doctrine of respondeat superior holds an employer liable for torts of its employees committed within the scope of their employment. ( Halliburton Energy Services , Inc. v. Department of Transportation ( 2013 ) 220 Cal.App.4th 87, 9394 ( Halliburton ) ; Rest.3d Agency, 7.07, subd. ( 1 ), p. 198 ; Rest.2d Agency, 219, subd. ( 1 ) ; see Civ. Code, 2338 [ principal is responsible to third persons for the negligence of his agent in the transaction of the business of the agency ]. ) A plaintiff suing an employer under the doctrine must prove the person who committed the tort was acting within the scope of his or her employment. ( Halliburton, supra, at p. 94. ).

Company response to consumer: Closed with explanation