• Report: #371018

Complaint Review: First American Title Insurance Company

  • Submitted: Mon, September 08, 2008
  • Updated: Mon, December 01, 2008

  • Reported By:Mesa Arizona
First American Title Insurance Company
1 First American Way Santa Ana, California U.S.A.

First American Title Insurance Company Morons at work: Failed to disclose second HOA and denied my title insurance claim Santa Ana California

*Consumer Comment: Title Exclusions

*Author of original report: No resolution

*Consumer Comment: Similar Title Insurance Claim

*Author of original report: Update: Lets try the California Department of Insurance

*Consumer Comment: I am having the same result with a claim

*Consumer Comment: I am having the same result with a claim

*Consumer Comment: I am having the same result with a claim

*Consumer Comment: I am having the same result with a claim

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Bought house in east Mesa, AZ that is in a gated community. All the documents that I signed showed that the HOA fees would be $ 120,- quarterly what is slightly higher than normal for that area.

Several weeks after closing I received a package from "Renaissance Community Partners" that contained a "Notice of Master Association and Sub Association".

What I found out was that I had to pay another $ 70,- a month to a second HOA. On top of this the second HOA treats homeowners like a landlord, telling them to hire a "licensed landscaping company" to pull out the weed in the frontyard, not allowing rental agreements that are for a period shorter than a year, etc. etc.

I made a claim against First American because they did not provide me with the CC and Rs for the second HOA and because they made me believe that the monthly HOA fees would be $ 40,- and not $ 110,-

First American denied the claim stating that the non-disclosure of the second HOA was excluded from the covered risks. They tried to blame my realtor "he should have told you..."

I would suggest to any homebuyer to avoid these jerks under any circumstances. This is exactly what you expect from a title company: protecting you from undisclosed covenants, conditions and restrictions and you expect to get some kind of a compensation from your Title Insurance if the title company messes up. What you can expect from First American Title is that they don't work diligently and that they will try to cover their asses by any means if you make a claim against them.

Steve
Mesa, Arizona
U.S.A.

This report was posted on Ripoff Report on 09/08/2008 06:41 PM and is a permanent record located here: http://www.ripoffreport.com/r/First-American-Title-Insurance-Company/Santa-Ana-California-92707/First-American-Title-Insurance-Company-Morons-at-work-Failed-to-disclose-second-HOA-and-d-371018. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
1Author 7Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

Title Exclusions

AUTHOR: TX Title Ins Claim - ()

My case is different since my Title Policy did not exclude the 2nd HOA, which would have put me on notice.  Unfortunately, Title companies often list exemptions by reference to recorded document only, leaving it to the buyer to ask or research exceptions with the County Clerk when they get the preliminary title report.  Even with accepted Title coverage though, Stewart Tiyle is being very difficult and not much help in actually resolving the problem of the undisclosed HOA.  

 

Unfortunately, your insurance company is correct in that you do not have a title insurance claim if the HOA was excepted from coverage.  Tough lesson to learn that most people don't fully review their title report before signing.  There may be some recourse against seller and/or real estate agent for not disclosing if they knew of it.  

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#2 Author of original report

No resolution

AUTHOR: Steve - ()

no,   I  never  got  any  resolution.   The  AZ  lawmaker  even  made  a  law  which  is  supposed  to  protect  homebuyers  from  buying  into  an  undisclosed  HOA.   Unfortunately   this  law  is  not  even  worth the  paper  on  which  is  it  written  because   it  says  something  like   "...    upon  notice  of  a  pending  sale....".    The  lawyer  for  the  HOA   said  "We  were  never  notified  of  a  pending  sale....".

the  law   does  not  say  who  has  to  notify  the  HOA  of  a  pending  sale    but  shouldn't  it  be  the  Title  Company,  especially  if  they   know  about  this  second   HOA  ?    Instead  of   notifying  the  second  HOA   of  the  pending  sale,  they  excluded  it  from their  policy.

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#3 Consumer Comment

Similar Title Insurance Claim

AUTHOR: TX Title Ins Claim - ()

I have a similar Title Insurance Claim with Stewart Title also concerning an undisclosed 2nd HOA.  Did you ever get any resolution to your claim?

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#4 Author of original report

Update: Lets try the California Department of Insurance

AUTHOR: Steve - (U.S.A.)

Thanks for your suggestions, Victoria. I would like to get in touch with you and maybe your lawyer. This looks pretty much like a case for a class action.

Could you please send me an email ? - my email address is s_bruett@yahoo.com

By the way: In my case the Master HOA sent 2 faxes to First American to point out that there are 2 HOAs. "Attention, there is a Master and a Sub - HOA"

Still, even a month after closing, First American told me that they did not have any idea that there were 2 HOAs. At that point in time they requested the CC & Rs ("Disclosure documents") from that second HOA. These professionals are funny: what sense does a disclosure after closing make ?

If the issue with 2 HOAs and over $ 1,500 a year was properly disclosed to me I would not have bought this property. This will probably also make the resale difficult since it is East Mesa (not one of the prime areas like Scottsdale or Fountain Hills...). Comparable properties just across the street pay about $ 36,-a months in HOA fees.
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#5 Consumer Comment

I am having the same result with a claim

AUTHOR: Victoria - (U.S.A.)

I have had a claim in to First American Title for nearly one year. I have just gotten the run around and been ignored until I started making complaints to the right authorities who regulate these people. They are regulated by the Banking Commission. In Phoenix the phone number is 602-255-4421. Also the Better Business Bureau in Phoenix, which you can file a complaint online. I will be letting you know about my situation if it is not handled properly as it has cost me millions of dollars due to an unbelievable error on their part. I was in a conference room meeting with their legal counsel and there was boxes all over the conference room with claims in them. Not just a few, I am talking stacks of file boxes with claims written all over them. My Attorney was present with me as two other investors. We are not the only ones having problems with this company. Hope this helps others. It is like paying for car insurance then you have an accident and your insurance company tells you to sue them to get the benefits you paid for. It is not right for them to charge you for a service and an insurance product and then you have to fight to get any results with expensive lawyers. I was told "hell would freeze over before they would pay my claim." We'll see!!! I will keep you posted.
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#6 Consumer Comment

I am having the same result with a claim

AUTHOR: Victoria - (U.S.A.)

I have had a claim in to First American Title for nearly one year. I have just gotten the run around and been ignored until I started making complaints to the right authorities who regulate these people. They are regulated by the Banking Commission. In Phoenix the phone number is 602-255-4421. Also the Better Business Bureau in Phoenix, which you can file a complaint online. I will be letting you know about my situation if it is not handled properly as it has cost me millions of dollars due to an unbelievable error on their part. I was in a conference room meeting with their legal counsel and there was boxes all over the conference room with claims in them. Not just a few, I am talking stacks of file boxes with claims written all over them. My Attorney was present with me as two other investors. We are not the only ones having problems with this company. Hope this helps others. It is like paying for car insurance then you have an accident and your insurance company tells you to sue them to get the benefits you paid for. It is not right for them to charge you for a service and an insurance product and then you have to fight to get any results with expensive lawyers. I was told "hell would freeze over before they would pay my claim." We'll see!!! I will keep you posted.
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#7 Consumer Comment

I am having the same result with a claim

AUTHOR: Victoria - (U.S.A.)

I have had a claim in to First American Title for nearly one year. I have just gotten the run around and been ignored until I started making complaints to the right authorities who regulate these people. They are regulated by the Banking Commission. In Phoenix the phone number is 602-255-4421. Also the Better Business Bureau in Phoenix, which you can file a complaint online. I will be letting you know about my situation if it is not handled properly as it has cost me millions of dollars due to an unbelievable error on their part. I was in a conference room meeting with their legal counsel and there was boxes all over the conference room with claims in them. Not just a few, I am talking stacks of file boxes with claims written all over them. My Attorney was present with me as two other investors. We are not the only ones having problems with this company. Hope this helps others. It is like paying for car insurance then you have an accident and your insurance company tells you to sue them to get the benefits you paid for. It is not right for them to charge you for a service and an insurance product and then you have to fight to get any results with expensive lawyers. I was told "hell would freeze over before they would pay my claim." We'll see!!! I will keep you posted.
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#8 Consumer Comment

I am having the same result with a claim

AUTHOR: Victoria - (U.S.A.)

I have had a claim in to First American Title for nearly one year. I have just gotten the run around and been ignored until I started making complaints to the right authorities who regulate these people. They are regulated by the Banking Commission. In Phoenix the phone number is 602-255-4421. Also the Better Business Bureau in Phoenix, which you can file a complaint online. I will be letting you know about my situation if it is not handled properly as it has cost me millions of dollars due to an unbelievable error on their part. I was in a conference room meeting with their legal counsel and there was boxes all over the conference room with claims in them. Not just a few, I am talking stacks of file boxes with claims written all over them. My Attorney was present with me as two other investors. We are not the only ones having problems with this company. Hope this helps others. It is like paying for car insurance then you have an accident and your insurance company tells you to sue them to get the benefits you paid for. It is not right for them to charge you for a service and an insurance product and then you have to fight to get any results with expensive lawyers. I was told "hell would freeze over before they would pay my claim." We'll see!!! I will keep you posted.
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