Complaints

• Initial Complaint

  10/06/2023

  Complaint Type:

  Product Issues

  Status:

  Unresolved

  More info

  In August 2023, the title company was holding funds in escrow for a New Mortgage; they had already collected fees for title search from the lender, but attempted to charged/ me a second time, until they finally corrected the overcharge, and used funds to reimburse the lender. I asked for the itemized invoice of charges as many items appear to be duplicated. They never provided same. Sunnyside Title pre-retained funds for filing fees that were excessive; those excessive fees were not returned to me. The initial Mortgage lender was paid from the new Mortgage escrow, and the discharge was recorded, however, Sunnyside Title improperly retains the Recorded Discharge, contrary to instructions and later demands that it be returned to me. After seven requests by phone and e-mail for an itemized invoice of charges, refund of overpayments and return to me of the recorded Mortgage cancellation, none of these have been provided or produced. Sunnyside collected from the Mortgage Escrow account and paid out an excessive amount ($1500), to an attorney - who did not contribute towards the creation of the Mortgage or provide any services..

  Business response

  10/23/2023

  Our office conducted searches on a real estate transaction and acted as the settlement agent. The transaction involved a private lender, ************** along with the attorney for the lender and the attorney for **************. The private lender and ************** negotiated the terms of the deal. One of the terms being that ************** would reimburse the private lender for searches that were conducted by the private lender before the deal moved forward. Due the back and forth b/w the private lender and ************** the search cost was added to the invoice in error but as stated in ************** complaint was removed and was then added to the closing statement to be paid by ************** to the private lender directly . Our final invoice consisted of 3 charges; settlement fee,transaction management fee and overnight delivery ffee.  Part of our job is in insure that any mortgages are removed of record. The mortgage was paid at closing (8/21) and the Discharge provided by the mortgagee holder was sent for e filing with the county clerk and was recored on 8/29. The recorded discharge was sent along with the new recorded mtg , ledger and ALTA statement to the attorneys involved in the transaction. At the time of closing we collected $50.00 from ************** for the recording of the Disharge. The cost to record the discharge was $60.00. We collected $85.00 for the recording of the mortgage. The total cost to record both document was $120.00. A $15.00 check was cut to ************** on 9/22 ( Check Number 127435)  and was sent to her PO Box she provided. It has not been cashed to date .  Based on standard pratice we provided ************** with everything in a timely fashion. My office spent time speaking with ************** on multiple occasions even though she was represented by counsel. Invoices, closing statements, etc were forwarded on to her attorney for his review and approval. 

   

  As for lenders attorney fee of $1500.00 that was discussed and agreed upon by ************** and the private lender, *************** 

  Thank you 

   

   

  Customer response

  11/01/2023

  There has been no itemized invoice sent to me; there has been no discharge of the Mortgage that was needing

  to be paid off, and returned to me, and there was also no check received by me as alleged for the acknowledged 

  overpayment for the County filing fees costs.  The Title Company has not identified the address where they allege to

  have sent a refund for overpayments.

  
  

  I have received no proof that there was any check sent to me - and none is alleged to have been produced.

  
  

  There has been no itemized invoice for the charges and indicating those duplicated charges which were 

  removed from the funds in possession of the Title Company; these funds were impermissibly removed 

  from the money that was to be produced to me, and has not been produced to me as of the present date.

  
  

  No check was received in the mail addressed to my P.O. Box which has been in possession of the Title Company from the 

  beginning.

  
  

  Please direct the Title *********** to comply and send me the demanded itemized invoice, the cancellation of mortgage

  document and the refund check for the overpayments of duplicated charges and overpayments for the amounts

  that were improperly retained by the Title Company.

  
  

  The $1,500.00 charge imposed by the Title Company for an attorney, was not agreeably determined; it was demanded 

  by the Title Insurance Company which never provided an invoice for those excessive charges.

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩