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First American Title Insurance Company Morons at work: Failed to disclose second HOA and denied my title insurance claim Santa Ana California
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.
8 Updates & Rebuttals
TX Title Ins Claim
Elgin,Texas,
Title Exclusions
#9Consumer Comment
Tue, November 04, 2014
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.
Steve
Mesa,Arizona,
No resolution
#9Author of original report
Mon, November 03, 2014
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.
TX Title Ins Claim
Elgin,Texas,
Similar Title Insurance Claim
#9Consumer Comment
Mon, November 03, 2014
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?
Steve
Apache Junction,Arizona,
U.S.A.
Update: Lets try the California Department of Insurance
#9Author of original report
Mon, December 01, 2008
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.
Victoria
Carefree,Arizona,
U.S.A.
I am having the same result with a claim
#9Consumer Comment
Thu, October 30, 2008
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.
Victoria
Carefree,Arizona,
U.S.A.
I am having the same result with a claim
#9Consumer Comment
Thu, October 30, 2008
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.
Victoria
Carefree,Arizona,
U.S.A.
I am having the same result with a claim
#9Consumer Comment
Thu, October 30, 2008
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.
Victoria
Carefree,Arizona,
U.S.A.
I am having the same result with a claim
#9Consumer Comment
Thu, October 30, 2008
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.