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I sold a residential property utilizing the services of a title company. After the buyer and I had signed a Purchase Agreement, the buyers lender recommended the title company. After we worked through the inspection and other matters, the closing date was set, and the title company scheduled my appointment to sign paperwork. A prominent feature of the Purchase Agreement was that the buyer and I would split the closing costs : The costs attributed to the Closing of the Property shall be the responsibility of both Parties shared equally. [ See Residential Purchase Agreement, pages 1 & 2 ] The day before the signing the escrow officer from the title company called to say that she was cancelling my signing appointment because she did not yet have the figures from the lender, and she would need those since we would be splitting the loan fees. I explained that this was not my intention, and I did not believe this was the intention of the buyer. She contacted the buyer, and he told her the same. The escrow officer was aware that both parties were in agreement : the buyer was to shoulder the costs pertaining to the loan. [ See Escrow Officer email XX/XX/XXXX ] The escrow officer then asked us to create an addendum to our Purchase Agreement, so the title company would not be compelled to split the loan costs. She provided a template, the buyer prepared the document, and the buyer and I signed it. [ See Addendum ] The need for the addendum and the cancellation of my XX/XX/XXXX signing appointment seemed contrived, since the Purchase Agreement clearly states, Buyer agrees to pay all fees for processing of the loan application. [ See Purchase Agreement, page 2, part VI item F ] While we were working out the addendum, the escrow officer also asked me about the tenants at the property. I explained that the tenants had moved out on XX/XX/XXXX, and their rent was paid through the day they moved out. [ See Email thread regarding tenants ] I had already filled out a pre-closing form for the title company, stating that the tenants would be moved out before the closing date. The tenants/rent should not have been a factor in the closing of the property.
The signing appointment was rescheduled for the following day, XX/XX/XXXX.
At the signing, I noticed that there was no information on the paperwork about the 50/50 split. Line items had only a description and amount. [ See XXXX XXXX XXXX statement XX/XX/XXXX. ] The notary public handling the signing called the escrow officer on my behalf. The escrow officer indicted that some of the items were split, other items were not such as the county transfer tax. I pointed out that the transfer tax ( among other charges ) were supposed to be split ; she indicated that I had signed that away with the addendum. I found this comment to be unsavory, and not true : The addendum was created to clarify that the buyer was to pay all of the loan costs ; the addendum did not negate that the other costs were to be split.
The property closed on Friday, XX/XX/XXXX. On the weekend, I noticed some other irregularities on the paperwork. For example, there was a {$330.00} title policy adjustment added to my costs.
On XX/XX/XXXX, I went to the Title Company to pick up my check, and speak with the escrow officer about the irregularities. When the receptionist asked if there was anything she could help with, I asked about the {$330.00} charge. She stated that it was for prorated rent. I explained that the tenants had already moved out and rent was paid only through the end of their tenancy.
When I spoke with the escrow officer, she quickly became uneasy, condescending, and then hostile in her manner. She said that the {$330.00} did NOT have anything to do with prorated rent. She was so emphatic about this she crossed out the line that made mention of it on the Closing Disclosure. [ See Closing Disclosure, pages 1 and 2 ] However, she was not able to explain the charge.
When I questioned the other charges, or how the charges were split, she answered by making critical remarks, such as ( paraphrased to the best of my memory, and my husbands memory ) If you didnt understand what you were signing, you should not have signed it. and, This is why people should NOT do For Sale By Owner. and, You should have had a lawyer. In an ironic twist, it appears the escrow officer was set on proving her point : The reason I needed a lawyer was to protect myself from unscrupulous people.
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I closed on my property on XXXX/XXXX/15. I received a voice mail by the Escrow officer, XXXX XXXX, at the ohio real title agency on XXXX/XXXX/15 and was told to bring {$5200.00} certified bank check to closing on XXXX/XXXX/15. Upon closing on XXXX/XXXX/15, the notary from Ohio Real Title stated that they had not yet received the final closing disclosure from XXXX XXXX of XXXX. After reviewing and signing the documents that were on time and available at my closing on XXXX/XXXX/15, first federal had submitted the final closing disclosure to ohio real title which was then faxed to the location where I was signing the final documents. The final closing disclosure showed the amount cash to close for {$5000.00}. At that time, I was advised by the Ohio Real Title Agency Notary that I would receive a refund for the exact amount that I had over paid with my certified bank check, due to the escrow officers error in telling me the incorrect amount to bring to closing. About XXXX week later, I received a check in the mail from Ohio Real Title for the amount of {$110.00}. I called the escrow officer, XXXX XXXX, and the Post closing manager, XXXX XXXX, and was told that I was refunded a smaller amount because of a XXXX mortgage -- -- the first time I had heard that I had a " XXXX mortgage. '' I then contacted OHFA to verifiy that I did not have a XXXX mortgage, as I was told by XXXX at OHFA in XXXX, that I did not have a XXXX mortgage and I was given incorrect information from Ohio Real Title. XXXX gave me the # for the OHFA Coordinator, XXXX XXXX, to pass along to XXXX XXXX and XXXX XXXX to verify and clarify this with Ohio Real Title. Later on, in e-mail communication, XXXX XXXX stated that I was given incorrect information in stating I had a XXXX mortgage, but I actually had a " rider '' which resulted in new additional " recording fees '' that were not listed on my final closing disclosure. The final closing disclosure that I signed on the date of closing, XXXX/XXXX/15, is not the same final closing disclosure that the Escrow Officer provided me showing the " new recording fees. '' The dates of the documents are different, and the numbers/figures are altered and not the same as the final closing disclosure document that I signed at closing. I simply would like my money refunded that I overpaid, as I was told to bring a larger amount to closing then what was needed at closing. I was to receive a refund of {$180.00} total, I received a check from ohio real title for the amount of {$110.00}, thus being short of {$72.00}. I am most concerned with the numbers and dates being altered on the final closing disclosure that I received at a later date, showing a different amount in fees. I signed a different final closing disclosure at my closing.
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