| 07/30/2020 |
Yes |
- Mortgage
- Conventional home mortgage
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Web |
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On XX/XX/XXXX I sold a property at XXXX XXXX XXXX, XXXX CT XXXX that I solely owned with Rights of Survivorship after my husband passed away XX/XX/XXXX. During this title conveyance I discovered that I was not the legal property owner and the The Estate of XXXX XXXX was the Grantor of title. Only I would be able to authorize a title transfer from my solely owned property and I never did.
Even more concerning is that my husband 's Will was formally admitted to the XXXX Probate Court ( District XXXX ) after his probate estate was opened by Attorney XXXX XXXX ( XXXX ID XXXX ), XXXX XXXX XXXX XXXX XXXX XXXX on XX/XX/XXXX. His Will bequeathed all assets to his wife and stated any residual property was to be transferred to a Trust for sole purpose for his wife for life and thereafter to his sons. Clearly after 25 years of marriage he trusted I would care for our children. XXXX Probate Court, however did not. On XX/XX/XXXX they appointed a Guardian Ad Litem, Attorney XXXX XXXX XXXX ( XXXX ID to represent my children in probating a Will that they had no assets. She signed a bond waiver granting Fiduciary Estate power and a Notice of Creditor Ad ran in the newspaper string estate Fiduciary was appointed by decree on that day. I did not have my hearing scheduled until XX/XX/XXXX or Executor appointment until XX/XX/XXXX. His Will appointed the Trustee if a Trust was needed, to be be me with this sister XXXX XXXX as a Successor Trustee. I was appointed the estate Executor by decree on XX/XX/XXXX and was the only person legally authorized to open a Testamentary Trust. I never did because there was no residual property.
The new Ct Uniform Trust Code effective XX/XX/XXXX clearly states that any Trust opened fraudulently is void, as it should be. So I have grave ethical concerns regarding how The Estate of XXXX XXXX was transferred the title to a property that passed outside of estate control and could only be held by a Trustee Deed. There has never been any disclosure of a Testamentary Trust publicly in XXXX Probate Court records or XXXX Town Land Records where a Trustee title needs to be recorded by law to be valid. Despite this, there is an abundance of evidence to show a Trust was opened, including loan pay off to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX letters directing me as sole owner to retitle any home owners insurance policy into the Estate of XXXX XXXX, XXXX conveyance tax forms confirming an Estate was the listed Grantor although my attorney refuses to give me the Schedule A for this tax form that she signed on my behalf and even a letter from the XXXX Probate Court informing me that I must submit a Disclaimer of Trust in order to close my late husband 's estate based on probate form XXXX that states an Executor can close a full estate based on small estate affidavit. This form is in direct vi=olation of Ct Statutory Law 45a-275 that states " Sections 45a-273 and 45a-274 shall apply only to estates of decedents for whom no will is presented for probate ''. This conveyance of Title to The Estate of XXXX XXXX means that my home owners insurance policy was invalid unless titled under an Estate Trustee name. It also means my rights to sell or fight foreclosure were taken away from me.
So, I wanted to make sure my new home property title for XXXX XXXX XXXX XXXX, XXXX CT XXXX never is conveyed to a probate estate trustee for a Trust, especially one that would have had to be fraudulently opened! So, I called and emailed ACC Mortgage Inc, XXXX # XXXX XXXX XXXX XXXX XXXX, XXXX, MD XXXX asking for a fully executed Deed or Trust document with identification of Successors and Assigns. ACC recorded my Warranty Deed in the XXXX Town Land Records with MERS listed as mortgagee with a clear understanding from my mortgage broker that it is a mortgage between myself and ACC. I need to be confirmed in writing that MERS did not accept any assignment to a 3rd party. Lenders should by law need to disclose all Successor and Assigns when MERS is listed as the mortgage because there are serious legal implications if the title has been conveyed to a Trustee. This gives away my rights to sell or fight foreclosure. I am asking for your help to get a copy fully executed Deed of Trust and requesting full disclosure if title has been transferred to a Trustee who possess a lien on the property. This current system is rip [ e with fraud if MERS is allowed to record a deed but the borrower does not have access to view the notarized deed in order to be informed of who has title rights.
Since ACC was not responding to my requests for confirmation of title, I requested my closing attorney, XXXX XXXX ( XXXX ID XXXX ) to disclose to me information regarding any Deed of Trust associated with the title conveyance, specifically inquiring if the probate Estate of XXXX XXXX was transferred ownership on behalf of myself as sole beneficiary, designated Trustee, Estate Executor and legal guardian to possible qualified beneficiaries, XXXX XXXX XXXX and XXXX XXXX XXXX. Attorney XXXX told me she submitted a OP-236 Conveyance tax form on behalf of me as sole Grantor but the document clearly states there are 2 deeds and title was conveyed by LLC, S-Corporation, Estate or Trust. She drafted and recorded my Warranty Deed for XXXX XXXX XXXX, XXXX CT XXXX and should know the property passed outside of an Estate. Tax records confirm she did not file this conveyance tax form for XXXX XXXX. Because XXXX XXXX XXXX XXXX clearly identifies The Estate of XXXX XXXX as the title owner, the tax form and XXXX XXXX XXXX confirmed the conveyance tax was paid to a Town Clerk in XXXX XXXX, I fear the deed with true title rights is not the one recorded in XXXX. Approximately two months after closing the XXXX conveyance, Attorney XXXX finally sent me the Title Insurance policy that I paid with my personal bank acct and it did document I was the sole title owner. But, so did my title policy for XXXX XXXX and I was not. I then decided to check with my insurance broker, Mr. XXXX XXXX.
My property insurance at XXXX XXXX was taken out in my sole name after my husband passed as it should since I was the sole property owner. So, whenever the title was transferred without my knowledge to The Estate of XXXX XXXX my insurance payments were wasted and my home uninsured. Trust Law is clear that home owners insurance policy must be listed in the name of the titled owner. XXXX XXXX XXXX XXXX continued to send me letters directing me to change my policy to the Estate, but I thought it was in error because my house passed outside an estate. I decided to double check with my home insurance broker Mr. XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, # XXXX, XXXX, CT XXXX who issued my home insurance policy from XXXX XXXX XXXX XXXX Policy # XXXX. I asked him to confirm in writing that the policy is not associated with any Estate or Trust and he confirmed by email it is solely titled to me. I had concerns though, because the policy was issued before I signed any insurance binders. These were not signed until XX/XX/XXXX almost a month after the closing.
I feel it is an unethical practice if Deeds of Trusts are recorded through MERS but borrowers are led to believe MERS only represents the lending bank. If property title is assigned to a 3rd party it should be mandatory to disclose this fact to the borrower because it has significant legal implications regarding property rights and home owners insurance. I ask your help to investigate this. I even wonder if Trust assets may have been used to qualify for the loan since I was allowed to put down 20 % when all other mortgage lenders demanded 50 % or more based on my assets. If my loan was application included assets from a Trust that I did not even know existed this would be highly unethical.
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| 07/29/2019 |
Yes |
- Mortgage
- Other type of mortgage
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Web |
Older American |
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I received a considerable amount of advertising material from ACC Mortgage ( ALL CREDIT CONSIDERED MORTGAGE, INC ) via email, promoting mortgage products that exactly match my situation. I am not a permanent resident but have lived and worked in the USA for some 18 years. I am a very active, licensed XXXX XXXX XXXX and reside in the US under an XXXX visa status which is renewed every 2 years.
As I am not a permanent resident, conventional financing is not available to me, however I have excellent credit, a thriving business, and healthy cash flow.
XX/XX/2019 After speaking with ACC, I was requested by XXXX XXXX to send an email detailing our situation and providing copies of my personal and federal tax returns.
XX/XX/2019 XXXX replied the same day, requesting that I complete and send various documents and stating Our prequals usually come back within 4-6 hours I was then asked to send additional information directly to XXXX, which I provided in a timely manner, ensuring all the requested information was included.
XXXX informed me that I was an ideal fit for their business and asked that I continue the formal application process via a broker. I worked with XXXX XXXX at XXXX XXXX to complete & submit my XXXX application and provide all supporting documentation.
During this period, I spent a great deal of time identifying and negotiating a property, and on the basis of assurances from XXXX, I entered into a purchase contract with a closing date of the XXXX XX/XX/2019 which was subsequently changed to the XXXX. Both ACC mortgage and XXXX were fully aware of the contract dates having been provided with a copy of the contract and addendum. XXXX informed me that the company would love to provide me with a mortgage and was completely confident that I would be provided with the loan in a speedy and efficient manner. At no time was I informed there was any issue with my application or that the contract closing date would be missed.
XX/XX/2019 By this date I had given notice to my landlord and was due to vacate by the end of the month, however, it became clear that the lender was intentionally delaying the completion of the mortgage. I emailed XXXX directly as I had just seen statements in an email, stating that they now require 72 hours to review any conditions and further, that they required 10 days with conditions satisfied before closing! This information was a footnote on an email to XXXX and had never been disclosed to me before.
Having received no reply to my urgent message I called XXXX to find out what was happening, she then informed me that she was unable to talk to me as it was a RESPA violation for her to talk directly to a customer, and that she would lose her licence if she continued ( I believe this is a blatant lie ), she then hung up on me and refused any further calls.
During the entire process, I provided every item of information requested in a timely manner however, it became clear after the contractual closing date had passed, that ACC were intentionally stalling by requesting un-specific changes to a P & L statement, often contradicting their own requests.
Unless I am much mistaken, I believe that the company may have been waiting for additional funding before proceeding with further loans and were stalling until such time as they had received them, or they were completely incompetent which I find just as likely.
Despite issuing all of the documents listed below, the company continually requested changes to the format and signatories to the P & L account. Eventually, and some TWO WEEKS AFTER CONTRACT CLOSING DATE, a new underwriter was appointed and suggested we MAY be able to close very soon, however they required an extension from the seller. It should be noted that this person ( I believe she is the senior VP of the company ) stated that the broker should ignore everything that the previous underwriters had told him as it was completely wrong and simply to follow her instructions. I also believe that the previous underwriter was subsequently fired from the company but can not confirm this ( XXXX XXXX was told this ).
On numerous occasions, both the broker and I requested ACC to provide us with the format or a template of EXACTLY what they required for the P & L ( also requested from the CEO ) so that we could bypass the continual back and forth process of rejecting them. This was never forthcoming and we continued to receive vague and inaccurate instructions ( see example provided to XXXX XXXX the CEO of ACC mortgage ).
It should be noted here, that ACC finally required a P & L prepared by our CPA, which is identical to the document we provided several weeks earlier and which was rejected by the ACC underwriter as too complicated! The rejection of this original document was followed by demands for several iterations of a P & L signed by me, by my CPA, prepared by me, include or relocate additional data etc.
At this stage, the seller and their attorneys were unable to accept anything that ACC had to say after we were informed the file was in final underwriting. The closer called the underwriter directly and was told that he had not even seen or heard of my application! As a result the seller refused to extend the contract which they then cancelled. This left me with the loss of my escrow deposit of {$20000.00} which is directly attributable to the unprofessional conduct of ACC.
It should be noted that during this process I first appealed to the CEO of XXXX XXXXXXXX, XXXX XXXX to escalate the situation to management at ACC which he refused to do, stating that such action would cause even further delays ( not possible! ). He then agreed to escalate the issue if we did not have a clear to close on the following Monday, however, after Monday he still refused to attempt to escalate this case with his counterpart at ACC.
As a last resort I attempted to contact the management of ACC directly however the CEO has elected to hide his contact information from customers, nor would he return phone calls. I eventually made contact with him via his XXXX messaging account and have attached a copy of the transcript. He was either incapable or unwilling to help resolve this matter and in my opinion had absolutely no interest in assisting me, despite the horrendous position his company had put me in.
Aside from the loss of the property ( with at least {$100000.00} equity ) my {$20000.00} deposit, inspection fees, time wasted, etc., this situation has caused unbelievable distress to my wife and I, leaving us very stressed and without so much as an apology!
As a XXXX XXXX XXXX, I have a great deal of direct experience working with mortgage lenders and clients and have NEVER experienced anything even close to the chaos this company have caused. Further, I should disclose that I am a licensed Loan Originator, although I do not transact loans at this stage in my career, however I my training ensures some insight into the processes that lenders and borrowers typically follow and this certainly does not comply with any normal process.
Document dates : XX/XX/2019 Executed contract provided XX/XX/2019 XXXX Loan application XX/XX/2019 Loan proposal provided XX/XX/2019 Summary document issued XX/XX/2019 Appraisal report from ACC ( Result is {$100000.00} over purchase price ) XX/XX/2019 Loan estimate XX/XX/2019 Closing Disclosure XX/XX/2019 Contract Closing Date XX/XX/2019 Mortgage loan commitment XX/XX/2019 Seller officially cancels contract STILL WAITING FOR CLEAR TO CLOSE TRANSCRIPT OF CONVERSATION WITH CEO OF ACC MORTGAGE ATTACHED
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| 07/31/2020 |
Yes |
- Mortgage
- Conventional home mortgage
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Web |
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On XX/XX/XXXX I submitted a complaint to the CFPB about All Credit Considered Mortgage , Inc. XXXX XXXX XXXX, XXXX XXXX, XXXX, XXXX XXXX regarding mortgage closing issues and possible insurance/title/brokerage/attorney fraud. On XX/XX/XXXX the company closed my complaint with the following response, The company sent its response directly to the consumer because it could not confirm who submitted this complaint. To protect consumer privacy, The CFPB has not included the companys response in this consumer portal. You can contact the company XXXX XXXX XXXX XXXX about its response to this complaint.This makes no sense because the submitted complaint included my name, postal address and email contact details. So, I am re-submitting the complaint and re-submitting my contact details : XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX. I have just moved and do not have phone accessibility, so their complaint response needs to by post or email which are my only available methods of communication.
Additionally, I feel that CFPBs purpose of disclosing fraud for the benefit of the public is not served by off the record phone responses. I have simply asked for a copy of my fully executed Deed of Trust on property, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX and confirmation that the mortgage recorded in the XXXX XXXX XXXX XXXX by ACC represented thru MERS has not transferred title to a 3rd party trustee without my consent, possibly from a XXXX XXXX probate Trust that was opened fraudulently within my late husbands estate, Estate of XXXX XXXX XXXX XXXX opened XX/XX/XXXX, as I discovered happened with title rights of XXXX XXXX XXXX XXXX XXXX XXXX, despite me holding sole title under Rights of Survivorship.
Attached you will see I have paid for owner 's title insurance listed in my sole name. Any title transfer to the Estate of XXXX XXXX has been done by fraud since no estate trust could have opened without my consent or knowledge per my late husband 's Will admitted to court XX/XX/XXXX. My husband 's Will clearly stated that I should be the Trustee of any Trust for residual funds not bequeathed to me in the Marital portion of the estate. There were no such residual funds. Myself as sole beneficiary and my children as heirs, have never been informed of a Testamentary Trust. Furthermore, Testamentary Trusts should be publicly recorded on the XXXX Probate online case look up as well as a recorded Trustee Deed in the public Town of XXXX XXXX XXXX. There is no disclosure of any Trust being opened, but two estates were opened for my late husband by the XXXX Probate Court. Fiduciary rights were given to Attorney XXXX XXXX XXXX ( Juris ID XXXX ) as a Guardian Ad Litem on XX/XX/XXXX in a Will where the children had no assets and the Will not yet admitted on that date. Clearly my home at XXXX XXXX, owned outside of probate was transferred to a Trustee Deed for The Estate of XXXX XXXX, without my knowledge. The existence of a Trust is furthered evidenced by the XXXX XXXX court letter instructing me to submit a Disclaimer of Trust before I could close the estate.
My attorney that I paid to represent me in both the sales closing of Merwins property and purchase of the XXXX property, Attorney XXXX XXXX ( Juris ID XXXX ) has confirmed an estate held title of my solely owned property at XXXX XXXX without my permission or knowledge through a trustee deed, by filing XXXX XXXX conveyance tax form. She also issued owner title insurance policy for the XXXX XXXX XXXX XXXX, XXXX CT XXXX. I am requesting ACC to confirm this by sharing the fully executed Deed of Trust. Only a blank copy was included in my " fully executed sales documents. Borrowers should have a right to know if title was assigned to a 3rd party. All consumers should be warned to ask for this written clarification If MERS is listed as the mortgagee since title transferred without their consent is fraud.
Attorney XXXX charged me for my owner 's Title insurance policy and I fear I may have paid to insure a 3rd party Trustee to take away my title rights without my knowledge. This would be unethical to make me pay from my personal funds for title rights that do not belong to me and no one will disclose to me, possibly belonging to a Trust that was opened fraudulently.
XXXX. XXXX XXXX ( State License # Unknown ) has charged me from my personal funds for a home insurance policy for my XXXX property from my personal bank account. This too would be highly unethical if I was paying for a home owners insurance policy titled to a trustee who owns all property rights without my consent. XXXX. XXXX has issued a copy of the policy in my sole name, but did not even have me sign insurance binders until XX/XX/XXXX after the home sale was closed on XX/XX/XXXX. I fear there is another policy in the name of a 3rd party title holder that I have paid for.
So, I am asking ACC to please mail me the fully executed Deed of Trust to the XXXX XXXX XXXX, XXXX XXXX XXXX property with written confirmation that title rights are vested solely to me through my Warranty Deed.
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| 02/25/2019 |
Yes |
- Mortgage
- Conventional home mortgage
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- Trouble during payment process
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Web |
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I'm a Certified real estate XXXX in the state of Georgia # XXXX. I performed an appraisal for a conventional mortgage loan/purchase for XXXX XXXX XXXX Mortgage , Inc. ( XXXX Mortgage ). Georgia Mortgage XXXX XXXX # XXXX and MD XXXX # XXXX. They chose XXXX XXXX as the appraisal management company to handle the appraisal for this loan. I completed the appraisal for them as ordered and have not received payment for services rendered. XXXX XXXX has since closed it's doors, so I contacted XXXX Mortgage and requested that they pay for the services they ordered. I was simply told they wouldn't do so.
My question is, would XXXX Mortgage be required under XXXX XXXX to assure payment for services they caused to be ordered for products they used to get a loan processed? Also, I would think that the truth in lending statements aren't accurate regarding the XXXX fees as none were actually paid in this instance.
Thank you.
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| 02/13/2019 |
Yes |
- Mortgage
- Conventional home mortgage
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- Applying for a mortgage or refinancing an existing mortgage
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Web |
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On XX/XX/2019 I was approved for a loan. I signed all required documents. I submitted all paperwork requested. I paid {$470.00} for an appraisal at the lenders request. I acquired insurance at the lenders request. On XX/XX/2019 I signed a Closing Disclosure. After signing there was no response. Eventually we were told a " calculation '' error was made by the lender. No one would respond to numerous calls and emails from myself or my mortgage broker. Finally once we escalated our concerns. On XX/XX/2019 at XXXX. I received and email rescinding the loan offer.
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| 08/10/2023 |
Yes |
- Mortgage
- Other type of mortgage
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- Applying for a mortgage or refinancing an existing mortgage
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Referral |
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| 02/16/2022 |
Yes |
- Mortgage
- Conventional home mortgage
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Phone |
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| 08/06/2019 |
Yes |
- Mortgage
- Other type of mortgage
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- Trouble during payment process
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Referral |
Older American |
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