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Title Company claims lost Deed for my NCV! I should have known better!!

icydog

icydog

TUG Review Crew: Expert
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I am waiting and waiting for the Orange County deed office or whatever its called to record my Marriott Newport Coast. It has been there since the first day in Sept and no end in sight. The closing company, Summit Title says the county dept is swamped and they won't even look for my deed. Does this sound right? I know with the large numbers of foreclosures out there they may be backlogged but two months is a long time.

Please check out this thread mentioned in post 17 below.
 
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Recording

I am a banker in Beverly Hills lending all over So Cal and I am not hearing that at all.

I will check with Stewart Title today and see what they say. They will know. We don't disburse until we get a confirmation of recording and we have had no delays. The majors take the deeds in to the county recorders office and turn them in. I have heard stories about deeds that are mailed in for recording and that the process can take a lot longer. Maybe your deed was mailed.

Keith
 
Ask your title/escrow company to fax you a copy of the deed in their file, and/or the date it was signed/notarized. Many escrow companies blame the recorder when they don't yet have the signed deed. The above poster is absolutely correct. Houses are bought and sold every day in OC (foreclosure or not), and they have to record before they close.

You can search OC records here (as of today updated through10/23/08) :

http://cr.ocgov.com/grantorgrantee/index.asp
 
Two years ago, I heard exactly the same thing from my closing company. BUT I later found that Orange County was recording deeds within a week of getting them.

The story about the county being swamped was their way of saying they ( the closing company) hadn't sent it yet.:crash:
 
We just closed on a NCV week. The deed went to Stewart Title via courier on October 3 (a Friday). A copy of the recorded deed was faxed to us 4 days later.
 
I am so MAD I could spit nickels. I called the Orange County Recorders Office and spoke with an agent named Lupe who told me they had no record of my deed. I said can you wait a minute and then I added Summit Title to the call. He didn't know they were on the phone and he repeated that the deed was in Orange county and that they were swamped.

I had Lupe, the Orange County Recorder, identify herself when I said she was on the phone.She said she had no deed and that they were current in their recordings. He then claimed that OC had lost the deed. She said they had not and then he denied saying it. He told me I was unprofessional and that I made up all the stuff about the deed sitting there in OC because they had piles of paper on their desk. He said I ambushed him, like I had no right to call OC and to check on his story and that I had no right to bridge him on the line. He said I was nonprofessional like I am his peer or something. I finally told him he was a liar and that I was getting a lawyer if I didn't get my money back or if the contract didn't close right away. Luckily my daughter is a real estate lawyer, unfortunately not in CA though, but I will ask her advice on this. They have $15,000 plus closing fees of my money. The company name on ebay is Redweekforless. Grrr!!! What do I do now? I was thinking of starting a new thread title "Don't use Redweeks for less when you shop on eBay for timeshares". Maybe that will warn the next person who might be thinking of dealing with them.
 
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Where is Summitt Title located/licensed?
 
Now the closing agent called me and said that he did send in the contract and that it was lost in OC Recorder's Office and that I will have to start the whole process again with another deed. He will have to send it to the sellers and me to finish this in approximately six more weeks. Then he said a few more "who shot John" kinda things and hung up on me. Like it was my fault they never followed up on the contract.

Can I get out of this thing. I mean since they don't have a signed deed anymore. Even if I have to pay closing costs wouldn't it be better to be out of this? Newport Coast is a nice timeshare but it is not worth all this.
 
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davidvel said:
Where is Summitt Title located/licensed?
Click to expand...


Summit Title Services
Rob Harmon Owner
205 East Central Blvd-Suite 500
Orlando, Florida 32801
407-420-2190
 
Stewart Title

I did just get off the phone and they confirmed all is well at the OC recorders office. I see they (Summit) lost it which is what I expected.

Stewart Title said that OC will stamp the deed the day you present it but there could be a short delay until it actually showed up in the microfishce (every deed is imaged). Stewart said they are ok proceeding because they date down the title and hand deliver the deed so they know pretty much all is well. They don't wait for the micro fische to be updated showing the deed. They know they delivered it and know that the recorder stamped it so they are good to go. I was thinking perhaps Summit mailed it if they did not have a local office or reciprocal agreement with a local title company.

I am thinking when this happens your only option is "re-sign" the deed. You might want to ask them if they mail them for recording which is likely if they are small and are in Florida. Stewart said mailing them in gets the lowest level attenion and their can be long waits (but not 8 weeks).

K:wave:
 
IcyDog,

Ask the title company to send you a copy of the unsigned deed to prove that they have really completed it.

As far as taking a lot of time to replace the lost deed, It should take no time or effort for them to reprint it and send it in to the county.

PS it is likely that they hadn't done it and were making excuses.
 
by the way

there are lots of recommendations on these boards about good closing agents. If you have to go through this again, maybe the seller will allow you to use a closing agent that has a good reputation. I have seen a few posts here but I will let you do the research since I have not used them myself. It maybe more poor performance of the closing agent than the seller themselves unless there is some kind of arrangement where you must use them. You'd probably never know. But maybe redweeks whatever will agree to use someone else under the circumstances. The recording process is normally not this cumbersome unless you have a substandard performer like this one sounds like.

k

ps.. you handled the conference call the right way. I did it with a coworker refinancing her home. They were feeding her a load of crap and giving her the run around. She got the agent on the phone with me and we straightened her out. She called my coworker back with the you ambushed me comments etc. They were out right lying about a pre-payment penalty and got caught and didn't like being called out of the carpet.
 
This company must be a Postcard company because the contract has MrXXX and MrsXXX as the sellers but I have never dealt with them. In fact, on the Buyers Borrowers Closing Statement Prepared by Summit Title Services LLC of Orlando that the sellers were MrXXX and MrsXXx and that the
Sales Price ... $13,000
Assignment Fee-My Timeshare Rescue ... $2157.87.
Settlement fee Summit Title... $161.70
Abstract Fee.. First American Title...$150
Document Preparation..North American Deed Company..$75.00
Record Fee.. Orange County Recorder..$24.00
Record Fee.. (not really named)...$14.30
ROFR fee... Marriott Vacation Club ..$95.00
Transfer fee...Marriott Vacation Club..$25.00

Cash due from Purchasers...$15,702.87
The auction was won for around $15K on ebay.

Also MrXXX and MrsXXX were representing the XXX Family trust.

I just got done faxing all this to my daughter. She was amazed how I let this contract go unchallenged. My only defense is the seller, Redweeksforless on EBay had great feedback. Its a good thing there was only air between us or my daughter, I'm sure, would have reached across the phone lines and strangled me.

She, my daughter, told me there are no safeguards for me. The closing date was August but the contract stated that contracts could take several months to close. The contract also states that if the assignee, me, defaults or breeches the contract that he/she will be liable for the full amount. They have $15,000 of my money and I am over a big big barrel.

Marylyn
 
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icydog said:
Summit Title Services
Rob Harmon Owner
205 East Central Blvd-Suite 500
Orlando, Florida 32801
407-420-2190
Click to expand...

I could not find them as a licensed title insurer on FL's DOI website(http://www.floir.com/CompanySearch/) , and their website was vague about what they do (http://summittitleservices.com). In CA they would be required to be licensed and bonded as an escrow company. I would call the Dept.of Insurance in FL and see what they can do to help.

Also, call the Real Estate dept(http://www.myflorida.com/dbpr/re/) and see if they can handle a real estate transaction escrow without a license.

I would also follow up with a fax to Summit outlining exactly what happened, dates and demand for copy of the deed and your $$ back if that's what you want.

Call First American.. they would be in charge of recording deed. I guarantee they either know nothing about your file (give them escrow#) or haven't received deed.
 
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davidvel said:
I could not find them as a licensed title insurer on FL's DOI website(http://www.floir.com/CompanySearch/) , and their website was vague about what they do (http://summittitleservices.com). In CA they would be required to be licensed and bonded as an escrow company. I would call the Dept.of Insurance in FL and see what they can do to help.

Also, call the Real Estate dept(http://www.myflorida.com/dbpr/re/) and see if they can handle a real estate transaction escrow without a license.

I would also follow up with a fax to Summit outlining exactly what happened, dates and demand for copy of the deed and your $$ back if that's what you want.

Call First American.. they would be in charge of recording deed. I guarantee they either know nothing about your file (give them escrow#) or haven't received deed.
Click to expand...


The reason why they are not licensed as title insurers is because they do not offer title insurance. I wonder if a call to the FL Attorney General might help with this. Florida has jurisdiction according to the contract. I am going to ask my daughter to call them tomorrow. If she does that maybe she'll know what to do.

As far as the deed, he asked for my email address so he could vindicate himself by sending me the deed, but he never sent it. Of course he hung up on me before he could get my email address from me but he has it in his records if he really wanted to email me anything. I think what he was most mad about was that he was "ambushed" and that I was "nasty" to him. Like being led down the garden path for 8 weeks should make me happy!!

I am going to call First American in the morning. I didn't know what they did. Ahem, What do they do exactly:eek: ?
 
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wow scary if escrow company does not have to be licensed and bonded. He is defensive because you caught him and called on his bs story.
 
Check out the thread on American Title.

Look at this thread. Too bad I didn't see it before plunking down $15K. They, Redweeksforless, never really owned this property and this has been done over and over to unsuspecting buyers like me. Now what do I do?
 
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With all of these negative experiences, why havent more people posted negative feedback on ebay? Redweek has 99% positive rating.
 
Politico said:
With all of these negative experiences, why havent more people posted negative feedback on ebay? Redweek has 99% positive rating.
Click to expand...

The problem I think is that by the time you realize all the problems it is too late to leave feedback.
 
Icydog, whatever happened to your case??? I feel so bad for you. I hope it has resolved in your favor.
 
We were in Orlando last week at one of our DVC resorts. While we were there my daughter called me and told us that our week had finally been recorded in Orange County California. It only took since July to get it done. I am now waiting for Marriott to get it entered into their system.. I'll let you all know when it finally is mine. The irony is that the week that I fought so hard for-- has depreciated in value by almost 50%.. I bought it for $15,000, plus a slew of fees, knowing I had a great deal. But now, with the devaluation of Marriott timeshares, my good deal has turned into a very bad deal. Now Platinum Marriott Newport Coast Villas are selling on Ebay for $8,000.
 
Wow- I didn't realize that they were going for that low. Everything seems to be diving these days.

It is easy to look back in hindsight, but when you made your purchase it was a wonderful deal. Look forward to great vacations there and realize that, in a year or two when the economy hopefully turns around, it will again be a good value.
 
icydog said:
Now Platinum Marriott Newport Coast Villas are selling on Ebay for $8,000.
Click to expand...

I've been watching eBay for many months, trying to catch a deal on a Platinum NCV. I have not seen any sell as low as $8K as you mentioned. Any auctions that closed in that range, did not meet the reserve. The lowest price that I saw for a Platinum NCV that met the reserve or had no reserve was $11,901. See Newport Coast Villas Resale Prices Falling

Gold NCV weeks have been selling for around $7K.
 
I stand corrected Golds are selling for $7500 to $8000. But even at 12k I lost 3 K before my contract was recorded. I was upside down on a new contract in the space of weeks. What hurt is I never got to use the week but saw depreciation right away. At least when you buy a car you get the use of it immediately, even though it depreciates as soon as you walk out the door.
 
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