Complaints

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• Initial Complaint

  Date:05/29/2024

  Type:Order Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  My mother and I bought a home in 2017. I was added to the ALTA and Closing Disclosure as an additional owner. I am on the mortgage and I have a notarized document stating I am a non-borrowing owner. The Owner's Policy of Title Insurance states the title is vested in both my moms name and my name. However, my name is not on the deed that was recorded. This issue was not caught until my mother passed away and there was no document recorded that lists me as an owner. The mortgage company would not work with me so the house is in foreclosure. I filed a claim March 28th and provided all of the documents that I had to support my claim. It took almost 2 months and my claim was denied. I was told that because I wasn't listed on the commitment for title insurance that I wasn't covered. Basically they are stating that the policy is fraudulent because the correct information is not listed on it even though it is a policy that was paid for. From my understanding the Commitment is given before the closing and lists the sellers information along with any conditions that need corrected before the policy is created. It is the results of a quick search of records recorded in the county. The actual Owner's Policy of Title Insurance is the legal documentation listing the information that the policy is protecting. I reached out the same day and objected to the determination. I gave the information pertaining to the difference between the 2 documents and also re-sent all of the original documents with an explanation of what these documents proved, which I shouldn't have to do since this person works for the title company. This was a week ago and I have not received a response. Everyday my home in in foreclosure, more fees and interest are added and the longer this takes the longer I need to pay a foreclosure lawyer.

  Business Response

  Date: 06/07/2024

  Please see attached response. 

  Customer Answer

  Date: 06/09/2024

  The policy is an Owners Title Insurace Policy. Not a purchasers policy. The reason for the claim is that the deed was filed incorrectly therefore you cannot use that as a reason to deny the claim. This company wants to change the policy 6 years after it was originally written. I was added to the closing documents as an additional borrower. I am not listed on the purchase agreement but the law states you do not need to be on the purchase agreement in order to hold title. The purchase agreement is completed before the mortgage is secured. It is normal for things to change between the purchase agreement and the closing. A purchase agreement can be altered and the agreement isn't technically completed until the closing documents are signed. The fact that the claim is denied because your policy was supposedly written incorrectly, shows bad faith with your company and is conceived as a fraudulent policy. I am on the mortgage. I am on all of the closing documents. I am on the request for Title commitment. Your company is really going to deny wrong doing after my mother passed away and your error was found? 

  All I get is more fake answers about this one document. I am on your policy from 6 years ago. You want to rewrite a policy for a person who has passed away? That is so disrespectful. 

  I have asked to speak to someone else from the company. I have asked how do I appeal this decision. I have asked for laws or policies that backup this response and I have asked for company policies on how to handle this situation and have not received a response to any of these. 

  An insurance policy is a lawful document that is purchased when buying a home. The home purchaser can decide who they want to be on the title and who has ownership rights. Your legally binding policy states that I am insured and the title is vested in me. Your policy that my mother paid for is not breakable. For an insurance company to break that contract is illegal and so is selling fraudulent policies. 

  I have sent documents that were used as a reason to deny the claim. There are 2 documents on their files that show I have ownership rights. I have emais between the title company and my mother verifying I was to be added to the title/deed yet the decision is based on one document that doesn't show anything relevant to the title. 

  Customer Answer

  Date: 06/09/2024

   I am rejecting this response because:
  It is not backed up by any laws or policies in the state of Ohio. A owners title insurance policy is a legally binding policy that is paid for. The deed/title was submitted incorrectly and the company is now stating it needs to be rewritten after my mother passes away.