ComplaintsforStewart Title Company

• Initial Complaint

  08/09/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  6.11.21 we purchased ******************************************************************. Title insurance policy cost $1375 Owners title insurance and $100 Lenders Title Insurance.April of 2023 I discovered our property sits on LOT 4 of ***** Park and NOT LOT 6, as the title states. This is an error in title, the home I purchsed was recorded as LOT 6 when in fact it sits on LOT 4. That the home that IS Located on LOT 6 is recorded as LOT 4, these two title numbers are reversed. This makes my title UNMARKETABLE and is a title insurance claim. I submitted a claim and attorney *********************** was assigned. On May 26th he denied our claim. I emailed Stewart on May 30th in response, and received a reply from the senior legal counsel of Stewart Title. He suggested the issue can be resolve by facilitating a legal exchange of the deed for Lot 6 with the deed for Lot 4. He said we need assistance from the other property owner and asked for contact information for the other property owner to help facilitate the deed swap in order to resolve this issue. I have spent June and July doing everything in my power to contact the owner of the other property. He will not respond to letters, notes, knocks on the door. I want this issue resolved but do not see an answer and I should not be asked to get contact information from an unwilling neighbor who evidently does not want to be bothered by me. In frustration, I have spoken to legal council who I have NOT yet retained YET, and was advised this issue should indeed be covered by my policy and Stewart should be paying for all legal work to right the matter. I am hoping to resolve this matter without having to spend further money on hiring a lawyer to force Stewart to actually do their job, and provide title insurance protection when it is needed, so I am filing this complaint in the hopes that the Better Business Bureau can help me try to get a resolution to my issue. Thank you

  Business response

  08/11/2023

  Good afternoon,

  After reviewing file, the purchase contract was sent into ********** on 5/11/21 requesting title work on ************************ Parcel ********* and legal description of: Lot 6 BLK A ***** Park that was being sold. 
  

  We confirmed with Manatee County Appraiser that the parcel, legal description and seller information matched our contract. Our title commitment was produced based on the information provided to us by the agents involved in sale.  The title commitment was sent to ******* on 5/17/2021.

  Survey on file that was ordered during the transaction process also confirmed the legal description of what was submitted on the contract, this also included a picture of the home.  This survey was sent to *************************** on 5/24/2021.

  The ********************* ordered on the file confirmed the address, parcel and sellers' information requested on purchase agreement.  This was sent to *************************** on 6/25/2021.

  We preformed our services based upon the sales contract provided to us by the real estate agent.

  Customer response

  08/14/2023

   
  Complaint: 20446371
  
  I am rejecting this response because: Title insurance is there to make sure I have marketable title.

  The property that I am in posession of, the one that was sold to me is located on *** 4 and not *** 6. 

  *** 6 is owned and occupied by the same gentleman/family since the ****s and is definitely not the home that was advertised, sold

  and the one in the photos or the one on the front page of the survey. Whatever mistakes you made, you promised to insure my rights 

  for the property sold. If you agreed to insure lot 6, I definitely do not own, posess, or have access to *** 6 in any way shape or form.

  The deed is WRONG and in cases like this where the *** number is cited wrong in the deed, title insurance agrees

  to cover the costs to remedy the situation. I would suggest you step up and do the job you were paid and contracted to do. 

  EVERYONE pays to insure title. AS a licensed Realtor, I see thousands charged on each home to insure title however out of hundreds 

  of sales, it has very rarely evef been used. In cases like these when the insurance IS NEEDED you refuse to actually make good on a product

  that you sold. Please do what the policy states before I have to take furcther action with the state against your insurance practices.
  
  Sincerely,
  
  ***************************

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