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Title Services of the Plains LLC NE Title Group Real Estate Closing Appropriation North Platte, Nebraska
Complainant formerly a client with Gateway Realty, whom represented complainant in home sale transaction, entered into a pre-foreclosure / short sale agreement with complainant's then Lender, GMAC Mortgage Et Al, administered by (1) Gateway Realty, and (2) Title Services of the Plains LLC, North Platte.
HUD Form 90045, "Approval to Participate Pre-Foreclosure Sale Procedure" was required by the Lender and
administered by Realtor and Title company. Specifically regarding clause, "Borrower's Incentive Compensation", the contract states the seller is will be paid a maximum $1000 if the conditions of the sale process as codified on the form were met. The conditions were met per the agreement, however the incentive payment was not made to the complainant who solely held the responsibility of making an election of incentive distribution, and solely entitled to said payment per the HUD 90045. The payment was rather deemed a receivable by and payable to the Title Company and entered as a debit line item accounted to a "lien release". There was no lien release consideration in the agreement/process needed to be satisfied. The incentive money was improperly withheld from complainant.
Complainant, since 2010 March to the present time of this filing, 2012 August, has made numerous inquiries to (1) Gateway Realty, (2) Title Services of the Plains, and (3) GMAC Mortgage Et Al; with no favorable response. The only responses received have been that each of the three entities claim to not know anything about the incentive money and/or how it was accounted/allocated. Neither of the three entities are taking responsibility for answering my complaint nor resolving it, rather each puts the responsibility upon the other. Title Services of the Plains, AKA Ne Title Group, was primarly responsible for allocation of funds distributed and has been primarily responsible in avoiding resolution and additional conversation regarding the matter.