Complaint Review: First American Title Insurance Company - Santa Ana California

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.  

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.

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?

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 [email protected] 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.

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.

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.

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.

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.