Complaint Review: Capital Title Agency

I have used Capital Title Agency in Mesa, Az., escrow agent Lynn Martinez for 3 escrow closings. My last escrow was a DISASTER. They failed to disclose 2 full pages; "Schedule B, Section 1, Exceptions and Section 2, Requirements" even after I specifically questioned Lynn Martinez about the lack of anything other than a 2 sentence legal description listed on "acceptance of Schedule B" at the time of closing. She told me "there is nothing of record to disclose, that this is often the case with older properties that have never been improved". My partner in this property witnessed this conversation during the close of escrow.

3 days after escrow closed, Jean at their office called and said she was faxing me some documents they needed me to sign. Upon receiving these documents which I had never seen before I called her back and explained the situation. After they failed to return several of my phone calls, I personally met with the office manager, Amy, in her office and she admitted it appeared they made an error and turned it over to their legal dept to find out how to rectify it. To this date it has never been resolved. I made numerous follow up calls to Capital Title and all they would tell me is "The legal dept. is supposed to contact you". They would not allow me to speak to Lynn or Amy. They would just take a message and never return my phone calls.

I had my attorney write Capital Title Agency a letter. Two months went by, no response. My attorney sent a 2nd letter and finally received a response to the complaint. I answered all 12 questions they asked in detail. It took Lawrence Phelps of Capital Title another 4 months to evaluate my 12 answers and respond with a 4 sentence denial of my claim! Their legal department has put the gag order on the employees involved and admits no guilt, blaming me for acknowledging documents that I never received or had any chance to review prior to signing the acceptance of schedule B.

Capital Titles arrogant attorney has denied any error and does his best to make you feel like an idiot. I filed a complaint with the State Banking Dept. who referred it to the Dept. of Insurance. The Dept. of Insurance said their investigation did not reveal sufficient evidence of violation to warrant intervention! Capital Title denies the error even though I have proof it.

I have kept detailed notes on everything. It has now become a matter of principal and I won't give up until they admit their error and rectify the matter. I plan to take them to small claims court next.

Nancy
Mesa, Arizona
U.S.A.