Orlando Title Company "LIAR, LIAR"
True Story July 15th, 2011. My client bought a short sale that had previously been approved by the bank, but that buyer did not qualify for financing so it went back on the market as an "approved short sale". The buyer paid the approved price.
A few days before closing, I request a preliminary HUD (early closing statement) and notice that the figures on the closing statement do not match the figures on the banks approval letter. I question both the listing agent who negotiated the sale and the "LIAR LIAR" Title Agent who provided the Closing statement, but am given the run around...
OOPS, they say... the buyer will not receive all their paid closing costs as per the signed contract but will have to pay it out of pocket. Buyer still wants the property, so digs in his pocket and pays it.
The day of closing I then request a final HUD (updated closing statement) and as I am scrutinizing the charges, I notice that the proration for Home Owners Association dues seem high...I check the signed contract and "Lo and Behold" while the proration listed for HOA dues is $800 a year, the contract only says $200 a year.
Now I am miffed....does no one check for accuracy? I ask, and now get a bigger fairy tale...
1. The listing agent claims that per the seller, there has been no HOA for the past two years and that the homeowners in the community were "volunteering" to take care of the pool and common area...(WHAT??)
2. The title company agent claims that the estopple (HOA final payoff letter) shows exactly that...but when I request a copy, the title agent starts spinning bigger lies: that the HOA just took over yesterday, they were working on the budget, the fees have not been established....etc.
MY EXPERIENCED "RED FLAG" goes up big time...and I start digging for answers. I learn that there is an HOA and seller has not been paying it for years. The dishonest "Liar, Liar" Title Agent did not even bother to request an estopple from the HOA (as required) and the back debt is over $3,000 AND guess who will get billed for it?
I stomped my feet, postponed the closing and made the seller pay off the $3,000 HOA and even had the title agent remove the bogus "transfer fee" of $150 charged to the buyer.
Moral of the story:
Don't use the sellers title company, scrutinize what the seller or sellers agent says, and always be represented by an "Exclusive Buyers Agent" to buy your next home. We will never throw the homebuyer under the bus...
Copyright @ Buyers Broker of Florida 2011 "Orlando Title Company LIAR LIAR"