ComplaintsforWestcor Land Title Insurance Company

• Initial Complaint

  04/07/2024

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  I purchased a property in August of 2017 using Title Company of the Rockies whose underwriter for my policy is Westcor Land Title Insurance Company. Over the last few years I have sought to improve my property but have been held at bay due to a neighbor stating that the road (an easement through my property) is actually titled separate, is not owned by me (i.e., not included in my acreage), that he is purchasing that portion from the rightful owner, and that my property is therefore illegally subdivided. On August 24, 2023, I contacted Title Company of the Rockies with my concern and they passed this along to Westcor, who acknowledged my claim on via email on August 28, 2023 simultaneously assigning me a claim's adjuster. Since that time I have had only one conversation with this adjuster, have not received any follow up, and have no word on any progress or resolution of this issue. I am continually harassed by a neighbor about this issue and am unable to develop on my property because of it. The county in which I live requires proof from the title company, but I am unable to provide any forward progress as I have gotten none.

  Business response

  04/22/2024

  April 22, 2024
  
  
  
  Better Business Bureau
  *******************************
  *****************
  
  Attn:  Ms. ******************************************************************************************* Customer Experience Information
  
  Re:      Claim No.                  2023828-WC-17551
              Insurer:                     Westcor Land Title Insurance Company,
                                               a SC corporation (Westcor or Company)
  Insured:                                See Policy
              Policy No.                 OP-6-XXXX052
              Property:                   ********,CO 81649
              BBB ID:                     21543125
  
  Dear ********************
  
  This letter is in response to the request for assistance you received from the Insured, who is named in the referenced Policy of title insurance. The Insured states, in part, that:
  
  "I purchased a property in August of 2017underwriter for my policy is Westcor Land Title Insurance CompanyI have sought to improve my property but have been  held at bay due to a neighbor stating that the road (an easement through my property) is actually titled separate, is not owned by me (i.e., not included in my acreage), that he is purchasing that portion from  the rightful owner, and that my property is therefore illegally subdivided[Westcor] acknowledged my claim onAugust 28,2023Since that time I have had only one conversation with [the]adjustorI am unable to provide any forward progress as I have gotten none."
  
  After reviewing this matter, I find that the Insureds statement of the problem, as I have summarized it above, is substantially correct; however, any lack of progress or failure to provide regular updates has been inadvertent and not indicative of our ordinary practice.  After discussing the matter with the Insured as well as the assigned Claims Counsel, we determined that it is appropriate for Westcor to retain a law firm in ******** to assist the Company in completing its investigation so that we can provide the Insured with our findings and the basis for any coverage determination.  The Policy provides the Company with various options, including the possibility of initiating a lawsuit to address the title dispute, and retained Counsel may be available for further action in that regard, to the extent it may be deemed appropriate to proceed in that manner.
  
  I will continue to monitor this file and have advised the Insured that she is free to contact me as well as the assigned Claims Counsel or the retained local Counsel.  Please let me know should you have any questions or require other information at this time.  Thank you.
  
  Very truly yours,
  **************************
  **************************
  Claims Manager / Counsel
  *****************
  ************

  Customer response

  04/23/2024

   
  Complaint: 21543125
  
  I am rejecting this response because:  I am not substantially rejecting it so much as would like to keep the case open because the issue remains unresolved.  I am happy to see legal counsel retained in this matter and am hopeful that the action taken by Westcor to do so will ultimately result in resolution of my case.  However, that remains to be seen and may take some time.  I am happy to close this particular case and reopen a new one in time if that is the correct course of action if this issue is not ultimately resolved.  Please let me know.  Otherwise, I would like to keep the case open until Westcor provides me with some sort of resolution.  Thank you!
  
  Sincerely,
  
  *******************************

  Business response

  05/06/2024

  Since my initial response to the notice we received from BBB, the Company has taken additional action in furtherance of its obligations to **********************, I am prepared to explain and provide more particulars but I would like to talk to the Insured first to confirm that we have answered any questions she may have at this time.  I will respond further after that conversation.

  Business response

  05/10/2024

  May 10,2024
  
  
  Better Business Bureau
  *****************************
  *****************
  
  Attn:  Ms. ******************************************************************************************* Customer Experience Information
  
  Re:       Claim No.                    2023828-WC-17551
              Insurer:                        Westcor Land Title Insurance Company, a SC corporation (Westcor or                                                           Company)

              Insured:                      See Policy

              Policy No.                    OP-6-XXXX052
              Property:                      ********, CO 81649
              BBB ID:                        21543125
  
  Dear *******************
  
  This letter is to provide an additional response to the request for assistance you received from the Insured, who is named in the referenced Policy of title insurance. The Company previously provided its letter dated April 22, 2024.   The Insured states, in part, that:
  
  "I am rejecting this response because:  I am not substantially rejecting it so much as would like to keep the case open because the issue remains unresolved.  I am happy to see legal counsel retained in this matter and am hopeful that the action taken by Westcor to do so will ultimately result in resolution of my case."  
  
  After consultation with local counsel and with the Insured,the Company has taken additional action in furtherance of its effort to comply with its policy obligations.  That effort includes undertaking the expense of a lawsuit to be filed on the Insureds behalf.  This action has not been completed and we do not anticipate that it will be for some time.  We do not expect the Insured to concede or waive any claim of loss or damage that the Insured believes has not yet been addressed; we acknowledge that the Insured may seek to pursue such claims now or in the future, including a request to the states Department of Insurance.
  
  We appreciate the Insureds cooperation and look forward to a full and final resolution of the title issues that have given rise to her claim.  Please let me know should you have any questions or require other information at this time.  Thank you.
  
  Very truly yours,
  **************************
  Claims Manager / Counsel
  *****************
  ************

• Initial Complaint

  02/22/2023

  Complaint Type:

  Customer Service Issues

  Status:

  Answered

  More info

  We live in California where we purchased a property with an easement running through our neighbors property. Our neighbor has made use of the driveway which leads to the front door of house and garage difficult to use for several months before they placed a locked gate over the driveway. We were given Catherin W******'s contact information to file a claim, this was on May 5th, 2021. We did not hear back and had to follow up on May, 27th 2021. Westcore finally retained counsel on 3/1/22, almost a YEAR after their first notice of the issue. Then Catherine says she will send an email describing our coverage on 3/1/22 but she never sent it until I followed up multiple times, we finally received the letter on 1/23/23, almost a year after she told us she would initially send the letter. Her rendition of events in the letter were not accurate and now I am again waiting for proper representation and a new letter of coverage.

  Business response

  03/17/2023

  March 17, 2023
  
  
  Better Business Bureau
  Attn:  Ms. ***** ********
  1600 S. Grant St.
  Longwood, FL 32750
  
  Re:      File no.                       *********
              Property location:      Newcastle, CA
              Policy No.                  *******************
              Your file no.               ********
  
  Dear Ms. *********
  
  This letter is in response to the email inquiry you first submitted to Westcor Land Title Insurance Company (the “Company” or “Westcor”) on February 22, 2023.   You subsequently provided us with the courtesy of additional time to respond as evidenced in your email of March 8, 2023.
  
  Per your instructions, I have not included the name of the person who filed the complaint with your office.  This person is an Insured of the Company, along with another individual, as identified in the referenced Policy; hereafter I refer to him, her and them --both collectively and individually-- as the “Insured” or the “Complainant”.
  
  The Company’s policy issuing agent in California forwarded a Notice of Claim on the Insured’s behalf on April 30, 2021.  We concur with the Insured’s summary description of the circumstances giving rise to that Notice, i.e., a dispute had arisen with a neighbor as to the Insured’s use of a Road over and across the neighbor’s parcel.  We do not, however, agree with the Insured’s recollection of events as they've transpired after Westcor’s receipt of the Notice of Claim.
  
  The Company acknowledged receipt of this Notice of Claim directly to the Insured on May 4, 2021.  That same day the assigned Claims Administrator spoke to the Insured and subsequently exchanged additional phone calls and/or emails.  Via letter dated July 6, 2021 to the Insured, the Claims Administrator explained the Company’s understanding of the facts and circumstances at that time and cited specific Policy provisions as to the Company’s options in response to the claim. 
  
  The Insured’s Policy contains the following:
  
  5.   DEFENSE AND PROSECUTION OF ACTIONS
  (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured.  The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured.  The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy.  If the Company exercises its rights under this subsection, it must do so diligently. 
  
  The Insured had already been in discussions with the neighbor and the Company exercised its right to continue with that effort, with the understanding that the Insured would prefer an amicable resolution of the dispute.   When the neighbor and his lawyer proved unwilling to reach an acceptable compromise, the Claims Administrator elected to retain an outside attorney in California to provide assistance and –again, contrary to the Insured’s recollection—advised the Insured that the Company was choosing to do so on October 14, 2021.   Retained counsel, acting on the Insured’s behalf and at the Company’s expense, filed a lawsuit against the neighbor on March 23, 2022.  The lawsuit remains pending. 
  
  The Insured’s Policy states:
  
  5(c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 
  It also provides:
  
  9.   LIMITATION OF LIABILITY

  (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. 

  (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. 
  
  The Company believes it is meeting its Policy obligations and acting within the Policy’s terms and provisions in its response to the Insured’s Notice of Claim. Westcor understands that the Insured may believe that they have other or additional damages or potential loss despite the Company’s current efforts on their behalf; pursuant to the Policy’s terms, however, any such liability for loss or damage cannot be determined until there has been a final determination of the on-going lawsuit.
  
  Westcor also believes that it has communicated with the Insured since receipt of the Notice of Claim, which, of course, the Company recognizes is its obligation.  The Company does not consider itself as adverse to this Insured and will continue to try to establish and maintain effective communications with the hope that the underlying dispute with the neighbor is resolved satisfactorily along with any lingering concerns the Insured may have with the Company.
  
  Please let me know should you have any questions or find that additional or other information should be provided by the Company in this response.  Thank you.
  
  Very truly yours,
  Sally C. D*****
  Claims Manager / Counsel
  ***************** * ************

   

• Initial Complaint

  12/20/2021

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  Shady business practices regarding the handling of my mortgage refinance. Jacob M***** and Westcor handled it awfully. The brought wrong packet to closing and their notary had me sign it. Prior to that, their customer service directed me to put wrong name on cashiers check for closing even after I verified three times. Then while they called to tell me my cashiers check was wrong, they rushed me to send a wire transfer over as soon as possible.

  Business response

  01/25/2022

  Business Response /* (1000, 5, 2022/01/03) */ Contact Name and Title: Sally D***** Contact Phone: 321-214-6621 Contact Email: [email protected] The Borrower in a mortgage refinance transaction as to property located in PA expressed concern over the accuracy of the loan paperwork. The initial confusion was resolved and the transaction has now closed successfully. The Borrower has not responded to our subsequent inquiries and we believe his concerns have been addressed. We appreciate the Borrower's determination to bring the matter to our attention. Thank you.

• Initial Complaint

  10/04/2021

  Complaint Type:

  Billing Issues

  Status:

  Resolved

  More info

  Good morning, I am hoping you can assist me. We purchased a home here in Irving in March of 2021. At the beginning of July we found out that the 2020 taxes on the property had not been paid and there was now a lien on the property. At that point we filed a claim with the title insurance to get the taxes paid (around $5000 due from 2020) Since then we have gotten constant excuses about paperwork having not been done properly by the previous owner for the taxes. We had some communication between July and September. I was trying to be patient and let them work things out. September 15 we got a notice of intent to foreclose which I immediately passed on. Shortly after the rep from Westcor stated that they were proccessing the payment. Yet here we are 10/4/2021 with no payment having been made. Now the rep has an out of office notification until 10/12 which is only 13 business days before foreclosure is going to be filled. All his back up could do was email him (while he is out)

  Business response

  11/03/2021

  Business Response /* (1000, 6, 2021/10/19) */ Contact Name and Title: Sally C D***** Contact Phone: 321-214-6621 Contact Email: [email protected] The Company confirms receipt of your inquiry and we provide the following response. The Company's Insured provided a claim notice to us on July 19, 2021, which we acknowledged on July 21, 2021 with information as to the claim number and the assigned claims handler. The claim notice related to unpaid taxes on the Insured's TX property. After conducting his investigation, the claims handler notified the Insured that the Company would be remitting payment of the taxes in question. The Insured became concerned when it appeared that the tax payments hadn't been made and the claims handler was out of the office but other Company personnel are available and payments were processed timely once the Insured sought additional assistance. The Insured has received confirmation of the payments and has acknowledged that the matter which prompted his claim initially is now resolved. The Company acknowledges the Insured's patience and appreciate his cooperation in our effort to conclude the matter. Please let me know should you have any other questions. Thank you. Consumer Response /* (2000, 8, 2021/10/20) */ (The consumer indicated he/she ACCEPTED the response from the business.) After the complaint was filled I was able to contact the CEO of the company and they got the issue resolved and honored the policy. Thank you for your assistance.

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