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When Final HUD Approval isn't so Final.

Today I had the pleasure of sitting in on a courtesy closing at a local title company. The courtesy closer was great!!

We were closing for:
Fidelity National Title
4540 FM 1960 West
Houston, TX 77069

Upon my arrival at the closing I discovered that the Final HUD-1 approved by me, my processor and my closing department had been altered. A $120 fee for the seller had been inserted at the last minute. The final HUD had been shared with the client before closing and she had a cashier's check in hand. A happy day for my single mother and First Time Home buyer turned sour. Right in the middle of the heated discussions the client came in to sign. Thinking that we had the issue handled we allowed her to sign everything but the HUD.

After several phone calls and emails back and forth by my processor back at the office and fudelity... you will not believe this..... The title company representative asked me for my phone number. What in the world would she need my phone number for you ask? Well, so she could.... and I quote: "Call me if there are any more last minute changes". <= You would have thought that I had pulled out a pistol.... the look on the faces of the closer, buyer's agent and buyer told me that I must have turned purple with rage as I tried to control my anger and maintain my composure.

In the end.... the seller being Fannie Mae.... we were told that the loan would not fund without this fee. So the client had to bend over and take it in the shorts. <= I guess the closing gift just got a little more expensive for me. Which I am fine with that.... I am just not fine with how my client was treated.

Let me tell you, I have seen some real turds in this business... but Fidelity National Title in Houston, TX is absolutely the worst experience ever!!!!!!!

Now if you think that is bad enough.... this is the very same title company who told us for 3 WEEKS that the "survey was on the way"..... do you know how much money it costs to extend the lock on a loan for that long?

As you can guess.... we are ALL going to file complaints with everybody we can think of in this business. But I have a feeling that they will be punished plenty when I hit 'publish' on this keyboard. Because that $120 fee will cost them more in revenue down the road if I have anything to do with it......!!!

What would you do?

What should I have done?

How would you deal with a scam like this? Who would you report a scammer like this to anyway?

In my short career at PrimeLending.... this was the toughest loan I did. And it wasn't because of the borrower..... I never would have imagined that the Title Company could wreck a deal so bad!!

Tom Burris
DallasLoanGuy.com
Dallas, TX

"Your Dallas Mortgage Consultant"

http://www.dallasloanguy.com/

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Posted by Tom Burris | Texas Mortgage Dallas Mortgage FHA on 05/16/2008 11:28 PM

Comments (16)

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Originally posted at: Texas Home Loan Blog: When Final HUD Approval isn't so Final.

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16 Comments on When Final HUD Approval isn't so Final.

MAY

2008

Those are painful. I don't mind you lashing out.

Preach it, brother, I hate when there are last minute changes by the Realtors & Lenders alike.

Dave

Hey Chuck & Dave....

Let me go ahead and say now that I am the last person who would throw a 'partner' under the bus. But this is only the half of it....

Lieing to us daily about the survey being ordered and on it's way.... even going so far as to say that they just got it and will forward it today.... then for us to only get it a week from that!!!!

They won't return phone calls. They are 4+ hours in returning emails,

Countless hours pacing back and forth between my processors desk and my own and losing money DAILY because of the delays. (extending loan lock)

When we finally got the survey.... they got docs within the hour..... 60 freakin minutes it took me to get them docs after they delayed closing by 3 weeks for the survey that was always 'on the way'..... and then to be treated like this in the end.

The title companies do not make up the fees. They take direction from the parties to the transaction and the buyer's mortgage company. Last minute chganges are normal. I always suggest that the Buyers bring in a little more money than anticipated. If it is not needed they get a check back at closing. If it is needed they do not have to run to the bank. It is not just sellers adding fees to the RESPA either. I have seen FHA loan officers walk in, review the HUD, and start requesting changes more than once. In a perfect world we would always have the final HUD the day before closing but I do not live in that world.

MAY

2008

Hi Laura,

We try to get docs to title 48 hours before closing. Not this one.... because we had everything ready for the clear to close except survey for more than 3 weeks. And every day that went by was costing me money.

I suspect that this title company screwed up and didn't have the fee on their in the first place. Understandable. What is NOT understandable if or a fee to be changed while a customer was in route to the closing. And it is also not acceptable to tell me that they will call me later if they have any more changes..... while I am sitting AT THE CLOSING with the FTHB

Your scenario happens.... this one doesn't

'it' runs own hill and the title company is usually the one who takes the most abuse when 'things go wrong'. I try to keep that in mind when I deal with title.... because I have seen the bad 'drama closings' before. I cut them LOTS of slack. But you don't get slack for repeate lies... as in every two days you lie to me about the survey for 3 WEEKS in a row then slide in a fee minutes before close.

Tom: I hope this little story, and all the people who read it, will end up laying one gigantic egg right in the lap of Fidelity Title. How silly of them to think that they can pull this nonsense.

Hi Karen, thanks or stopping by.

I was actually ready to cut them some slack because of the relationship they have with the seller.... which is real easy to describe. They have not been successful at controlling their client. The seller(FNMA) doesn't realize what their actions do on the other end.... the title company realizes this and should push back. But they cannot push back.... because they need this client.... because they couldn't pull a referral out of their behinds without this client. They asked or the volume.... they should step up and control the situation.

The slack ended when I got that comment from them.

Imagine: You are sitting at closing and the buyer is reviewing the HUD-1 and the title company tells you that they will let you know if there are any more changes to be made to the HUD?!?!?!

Tom, obviously they should have eaten the fee, I had it happen once too. They screwed up and forgot to add it and NO they would NOT eat it either our buyer had to pay. For 120.00 they surely will lose a lot of business in a day when title companies are closing doors and consolating all over the country.

I wish Fran would jump in to see what he would have done.

Hi Missy!!

I would have eaten it!! Done it before.... will do it again.

What goes around Tom will certainly come around. Thank you for bringing this to light.

MAY

2008

Holy crapola.... Tom... I will get back to your dilema in a minute.

Laura... I am semi confused by part of your comment.... I have seen FHA loan officers walk in, review the HUD, and start requesting changes more than once.

First off, I don't roll over for to many people when it's a last minute fee. I would have blown my lid like Tom... it's because we care and we are good at what we do.. and we are precise when it comes to estimates. Yes, I tell my clients to always bring a few extra hundred and they usually don't need it... I consider myself to be that good.

But you said that you have seen FHA loan officers come in and change things last minute? First off, FHA doesn't have loan officers... lenders/mortgage companies have loan officers... and many lenders can do FHA mortgages. Lastly, it's illegal to actually add things last minute without showing a new good faith before settlement and the lender should have an updated one signed by the client. But to walk into closing? That is a loan officer adding fees for their pockets... in my opinion, not related to Tom's problem.

Overall... sorry, not trying to sound rude to you...

Tom... was this a REO property? Because you said the seller was Fannie Mae. In any case, it's not right. But I will agree with Laura on this one.... how can you blame Fidelity? They are just following instructions... the problem that I see is that I can't tell who is at fault though. Was it on Fannie's instructions and Fidelity missed it or did Fannie add it last minute... this is the problem here. Not Fidelity adding a fee, because it went to the seller.

So, what would I do? Just yell and scream... make sure the client didn't pay for it and ask for referrals...

jeff belonger

MAY

2008

Hey Karen: Yes it does!!

Jeff: Yes, it was REO. Worst service ever. This title company needs to be able to control their client. The client doesn't realize how the buyer is affected but the title company does..... and should intervene when the seller is difficult.

We found out later that th fee was a re-key fee that the listing agent ordered and sent the bill to title 3 days before closing. The title company blamed the seller because they are weak.

How the heck did I get logged out. ?

JUN

2008

HELLO,

THANK GOD FOR THIS BLOG, I WOULD LIKE TO ASK YOU GUYS A QUESTION. THIS WEDNESDAY, WE DID OUR CLOSING FOR OUR HOUSE AND THIS SITUATION HAPPENED TO US ALSO. THE TITLE COMPANY ( I WILL DISCLOSE THE NAME) TOLD US THAT THERE WAS A PROBLEM WITH THE SELLER AND THE LENDER, BECAUSE THE SELLER AGREED FOR A $1000 CREDIT FOR HOUSE REPAIRS (WHICH WAS PRETTY LESS FOR WHAT WAS THE INSPECTOR ESTIMATED) THE TITLE COMPANY DISPERSED IT ON THE SETTLEMENT SIDE OF THE SELLER ON OUR HUD-1 BECAUSE THE SELLER AGREED TO PAY FOR $10,000 IN CLOSING COST. SO ALL IN ALL THERE WAS AN $11,000 CREDIT IN THE SELLERS SIDE SETTLEMENT HOWEVER, THE $1000 CREDIT FOR REPAIRS THEY ALLOCATED IT WITH THE $10,000 AND DIDN'T MAKE AN EXTRA COLUMN FOR REPAIR BECAUSE THE LENDER TOLD THE TITLE COMPANY THAT THEY CANNOT DO THAT. SO NOW, THE SELLER WANTED A COLUMN ON THE HUD THAT SAYS $1000 IN REPAIR BUT THE LENDER WANTED IT DISPERSED EQUALLY SO IT SHOWS AN $11000 CREDIT FROM THE SELLER. SO WE SIGNED EVERYTHING AND WE GOT THE KEY BUT THE TITLE COMPANY TOLD US THAT IT WASN'T FINALIZED YET AND WE CANNOT EVEN GO INSIDE THE HOUSE BECAUSE IT WASN'T OURS YET. THEN THE NEXT DAY THEY TOLD US THAT INSTEAD OF $1000 FOR REPAIR THEY WILL LESSEN IT TO $750. CAN YOU GIVE ME AN ADVISE ON WHO IS AT FAULT ON THIS ONE? THANK YOU VERY MUCH.

MAY

I have a current situation and it involves Fidelity National Title. I am refinancing and was told using same title company would save me money. I will just post the entire email trial below and you can see they are terrible. I do have some questions on fees. My Title Insurance fee is 716.50 Title Search 400.00 How Did using the same title company save me anything and if so what did it save me because I Paid 199.00 for Title insurance fee the first time and no title search fee. Is there a reissue rate on the title insurance that you can request? What about negotiating that title search. It was a year ago what search did they do since they originally did the work on the loan a year ago? Fidelity National Title -They were a terrible title company to begin with. Seems that all they need is to update the information they already have. ----- Forwarded Message ---- From: John and Melissa Roschal To: April Monico ; Angela Chambless Cc: Kim Pritchard ; John.J.RabonIII@wellsfargo.com; Melissa Roschal Sent: Monday, May 18, 2009 11:54:49 AM Subject: Fw: Out of Office: Final HUD and closing Hi April and Angela, Please see email below: ----- Forwarded Message ---- From: Nick Murphree To: John and Melissa Roschal Sent: Monday, May 18, 2009 11:49:03 AM Subject: Out of Office: Final HUD and closing I am sorry but I will be out of the office from 05/15/2009 until 05/26/2009. Angela Chambless will be covering for me and can be reached at achambless@farrisaustin.com If you need assistance on HUD April Monico will be your contact at amonico@farrisaustin.com. If you need urgent assistance and you cannot reach Angela or April please contact Nikki Hawkins at nhawkins@farrisaustin.com ----- Forwarded Message ---- From: John and Melissa Roschal To: Nikki Hawkins ; Nick Murphree ; "Rosales, Tony" Cc: Kim Pritchard ; John.J.RabonIII@wellsfargo.com; Melissa Roschal Sent: Monday, May 18, 2009 11:47:52 AM Subject: Final HUD and closing Hi Nikki and anyone else involved with this closing. Please see below the email trial from last year. I would like to prevent the situations we had last year from repeating itself and hope you understand the need to send this email out. I have already called last Friday at 3:00pm to let Nick Murphre know I could not do a 4:00pm closing for today Monday May 18th, 2009. I was told by the receptionist that Nick was out but that April would be the one to tell this too. She was not available either so I told the receptionist that it was URGENT to get in touch with her and let her know I would not be able to close on Monday May 18th, 2009 at 4:00pm and she said, "yes, I will give her the message". Today Kim Pritchard, with Well Fargo calls me at 9:46am to see if I am ready for my closing TODAY??? I explained to Kim that I have already called Fidelity and no one returned my call from last Friday. She said she would call back and make sure that they knew I had tried to call on Friday and see about another date. Another phone call and Kim said she is trying to confirm for Tuesday May 19th, at 4:00pm. Seems like communication is the key, AGAIN! Please, let me know asap when you can schedule a mobile notary for the closing and forward me a Final HUD before I go to closing. I would like to see the final HUD before I attend closing! I hope I have made myself clear as my experience with Fidelity National Title has been less than satisfactory both times. Please forward the this information to others that are involved; Dixie Goad, Nick Murphre, Rachel Siegel are some that were involved last year. Regards, John Roschal I can be reached at the following numbers Work: 713-972-8051 Cell: 713-822-1699 Home: 713-728-5570 Wife (Melissa): 832-439-6490 ----- Forwarded Message ---- From: "Rosales, Tony" To: mark@dominion.ws; Nikki Hawkins ; John and Melissa Roschal ; Nick Murphree ; "Siegel, Rachel" ; Alicia Howery Sent: Wednesday, March 26, 2008 9:27:15 PM Subject: RE: 4730 Benning Houston TX FNAMS to Roschal Mr. Roschal, I sincerely apologize for these issues regarding closing this property. I assure you that these will be cleared up immediately. This will be at the top of my list, first thing in the morning, to get taken care of. I appreciate your patience and input. Please contact me if there are any further concerns. Thank you. To everyone else: Let us get this closed and funded in as professional manner as possible. The time spent on the emails back and forth is time that could have been used to fix the issues at hand. I will call each of you tomorrow to find out what the status is on this closing. Furthermore, I will advise that any communication other than closing specific items be kept strictly between the individuals involved and not include others to which it does not relate. I hope that we can work together with respect and professionalism to get this transaction taken care of in a way that satisfies both the seller and the buyer. Tony Rosales Asset Manager FIS Asset Management Solutions 10385 Westmoor Drive Suite 100 Westminster, CO 80021 720-566-8232 Direct line 720-566-8332 Fax ** Please note that my new e-mail address, effective immediately, is tony.rosales@fnis.com ** The information contained in this message is proprietary. If you are not the intended recipient, please: (i) delete the message and all copies; (ii) do not disclose, distribute or use the message in any manner; and (iii) notify the sender immediately. In addition, please be aware that any message addressed to our domain is subject to archiving and review by persons other than the intended recipient. Thank you -----Original Message----- From: mark@dominion.ws [mailto:mark@dominion.ws] Sent: Wed 3/26/2008 6:50 PM To: 'Nikki Hawkins'; 'John and Melissa Roschal'; 'Nick Murphree'; Rosales, Tony; Siegel, Rachel; 'Alicia Howery' Cc: Subject: RE: 4730 Benning Houston TX FNAMS to Roschal Nikki – Nothing ridiculous about any of this, it would be comical if it were not business. I don’t have any questions and don’t expect or have time for apologies, nor do I owe you one. I do have statements and suggestions. I am not Mr. Dominion, I am Mark McWhorter, the listing Broker (an intermediary on this file). Dominion Resources is my company. I urge better communications and coordination between your office and myself, lender and buyer. I have been asking for a copy of the HUD (which I rec’d around 5 pm) long before whoever scheduled a 4:00 pm close. After receipt I was informed changes are to be made … what changes I wonder. When what your office tells me differentiates with what the lender tells me then obviously everyone isn’t on the same page. I must start somewhere, so I start with title and work backward. As I informed Dixie, who kindly and promptly answered my email, I can work from any valid source of information. And as I requested from Nick I want to be kept better informed on any of my files your office processes. That should be an easy task. As a further courtesy I want to be informed of whomever you send to perform closings on my files. I have no contact information on Ms. Triplin and could likely have saved her a useless trip. What leads to believe I would not want to attend the closing? Sincerely, Mark McWhorter John – Appears things have become momentarily disorganized. Wouldn’t think you’re dealing with professionals, would you? Buying a house is not this stressful, you’re dealing with numerous people and I think communications have faltered. Believe me, some of the recipients of these messages have authority and will step in and reorganize the situation. You should prepare to close tomorrow, no later than Friday. The HUD (closing statement) must reflect the actual day of close for proration purposes, let’s stay in touch once they get the Final HUD drawn. You may draw a cashier’s check for the $10,000 and a personal check is acceptable for any difference up to $1,500. If your closing costs drop below the cashier’s check amount you will be refunded. Later, Mark From: John and Melissa Roschal [mailto:roschals@roschal.com] Sent: Wednesday, March 26, 2008 6:30 PM To: mark@dominion.ws Subject: Re: status? Wow, as first time home buyers it seems things are getting pretty wild. Here are some corrections of statements that I have read from either Nick or Nikki. 1. Nick stated that they were trying to get a hold of me since 3pm. Not true, I received my first phone call from Alicia at 3:40pm and at that time she told me about the total I needed to bring in a cashier's check to closing. (which was 20 minutes away according to her but Nick had never call me to confirm). I questioned it when she told me it was going to be 11,001.43 costs. She then realized that the $1,000 had not been applied. and at that time had said they would try to get that corrected. In addition Alicia told me that I would have to pay for the appraisal since it was "misplaced". 2. I called Nick this morning at 11:32am to try to see were we were on how much the cashier's check needed to be since I had not heard from Alicia. He told me that he would call me as soon as he had the HUD and would also call me to confirm what time we would meet the notary. He never called so I never went to the bank to get the cashier's check as well as not knowing what the amount should be. 3. We have been going on the "information" we are given each day and I am not sure where Nikki Hawkins is coming from but she does not seem to know your name so that is worrisome. I don't really understand what we are signing if the paperwork is not correct and corrections were being made and revisions etc up until 5:03pm. I was on the phone with my bank as it was closing time for them and they could not do very much within a 10 minute window of the closing to correct the "lost" cashier's check problem. I am sure this is unusual for a closing to be this unorganized but are they rushing around to meet a certain deadline because we have not pushed it and can wait til Monday if need be. Let me know your thoughts. John Roschal ----- Original Message ----- From: Nikki Hawkins To: mark@dominion.ws ; 'John and Melissa Roschal' ; TONY.ROSALES@FNIS.COM ; 'Siegel, Rachel' Sent: Wednesday, March 26, 2008 5:42 PM Subject: FW: status? Mr. Dominion, all of this is totally ridiculous. We received documents on this file this morning at 11:00 and have jumped through hoops to get this file closed today. The documents were sent to the notary and everything was in place for a 4:00 closing. We have made EVERYONE well aware that we require closing documents a minimum of 48 hours prior to closing so that we don't have all of this mess. In order to accommodate everyone at the end of the month, we bent our own rules to accommodate you and everyone else. I will not look for an apology from you but I will expect you to stop pointing the finger of blame at the title company and work with us to get this closed. The lender has just now requested revisions to the settlement statement and from what I understand, Ms. Triplin the notary is more than willing to go ahead and meet with the buyer this evening. She is one of our better notaries and is more than willing to accommodate a busy schedule at the end of the month. Please let me know if you have any questions. Nikki Hawkins Fidelity National Title Office Manager/Escrow Officer 99 Trophy Club Drive Trophy Club Texas 76262 (817) 430-5874 fax (817) 430-5808 phone Closing documents must be received a minimum of 48 hours prior to scheduled closing time. Please note that Commission Disbursement Authorizations and Realtor commissions must be calculated on the NET proceeds amount per the contract instructions. Please refer to the closing instructions included with the contract From: Nick Murphree [mailto:nickm@pbmlaw.com] Sent: Wednesday, March 26, 2008 5:32 PM To: mark@dominion.ws; 'John Roschal'; 'Alicia Howery'; 'Tony Rosales'; 'Siegel, Rachel' Cc: 'Melissa Roschal'; dixie@pbmlaw.com; 'Nikki Hawkins' Subject: RE: status? Ok to start off the conversation Dixie Goad was the person who was working the HUD on this file. The original HUD that was prepped did not have the earnest money on it…that is correct, however Dixie noticed the problem and then corrected the HUD. The HUD was sent to Carol@cedarmtg.com at 3:38 in response to the question about the Earnest money. Dixie informed me that she tried to call Mr. Roschal but there was no answer on the phone. The HUD was sent to the Lender at 2:39pm and we didn’t receive revisions until 5:03pm. The Appraisal fee was a condition from the Lender and unfortunately we cannot change that if it is a condition to be placed on the HUD. Alicia at Cedar Stone confirmed with Dixie that she was the person who lost the check and she has been trying to get in contact with Mr. Roschal since 3pm to resolve the Appraisal fee check issue to no avail. This HUD has not been approved and we have just received revisions from P&P. I have attached those and all the other emails concerning this file. I do apologize that there were problems with this loan closing and I will do everything in my power to get this signed before the end of the month. Please let me know what to do about the Appraisal fee on the HUD. We should have approval from the Lender and we can proceed with the closing. Thanks, nick Nicholas Murphree Fidelity National Title 99 Trophy Club Dr Trophy Club, Texas 76262 817-430-5808 f 817-430-5875 nickm@pbmlaw.com Closing documents must be received a minimum of 72 hours prior to scheduled closing time. Please note that Commission Disbursement Authorizations and Realtor commissions must be calculated on the NET proceeds amount per the contract instructions. Please refer to the closing instructions included with the contract. From: mark@dominion.ws [mailto:mark@dominion.ws] Sent: Wednesday, March 26, 2008 4:52 PM To: 'John Roschal'; 'Nick Murphree'; 'Alicia Howery'; 'Tony Rosales'; 'Siegel, Rachel' Cc: 'Melissa Roschal' Subject: RE: status? To all from Mark McWhorter Alicia – What does John mean by “appraisal fee cashier’s check was lost” Nick – What’s up with all this. Where’s the buyer’s earnest money and why is there an appraisal fee on the HUD when lender has already collected it? Did lender instruct you to collect it? And …where is my review copy of HUD? As previously mentioned, I can’t find your posting on REOTrans. Please email HUD direct to mark@dominion.ws John – I don’t think Nick has an approved HUD yet, I’ve been asking for it too. Sit tight, we’ll get this resolved. Mark From: John Roschal [mailto:john@roschal.com] Sent: Wednesday, March 26, 2008 4:26 PM To: Nick Murphree; Alicia Howery Cc: mark@dominion.ws; Melissa Roschal Subject: Fw: status? Not sure what to do at this point. Never heard back from Nick since I called him last at 11:32 this morning. Alicia is telling me that the earnest money was not applied and that the appraisal fee that was already paid is in the final statement. Alicia also said the appraisal cashier's check was lost and upon calling the bank to figure out how to get it cancelled and money available they told me it takes 90 days with cashier's checks. My bank closed it's lobby at 4:30pm even if I wanted to get there at this time I cannot to even get a cashier's check and I don't know even know who the payee needs to be. I hope we can get this figured out for Thursday. I have had to take the day off to make sure I will be able to coordinate with notary. Regards, John Roschal ----- Original Message ----- From: John Roschal To: Nick Murphree Sent: Wednesday, March 26, 2008 3:55 PM Subject: Re: status? Hi Nick, I have not heard from you and it's 3:50pm. Alicia just called to let me know the HUD was received but is not correct. It shows no earnest money being paid (which I have copies of cashier's check and FedEx tracking that it was delivered and received from Fidelity Title and confirmed this with an email). Additionally, we have already paid for the appraisal and have that cashier's check receipt as well but it shows that we still have to pay for that on the final statement. Would like to get an update on if you have confirmed with the notary the changed time which is now and I have to still go to the bank to get cashier's check when the corrections are made in regards to the appraisal and earnest money. Have to go. Regards, John Roschal 832-439-6490 ----- Original Message ----- From: Nick Murphree To: john@roschal.com Sent: Wednesday, March 26, 2008 11:39 AM Subject: Survey Nicholas Murphree Fidelity National Title 99 Trophy Club Dr Trophy Club, Texas 76262 817-430-5808 f 817-430-5875 nickm@pbmlaw.com Closing documents must be received a minimum of 72 hours prior to scheduled closing time. Please note that Commission Disbursement Authorizations and Realtor commissions must be calculated on the NET proceeds amount per the contract instructions. Please refer to the closing instructions included with the contract.

Hi,

I have a current situation and it involves Fidelity National Title. I am refinancing and was told using same title company would save me money. I will just post the entire email trail below and you can see they are terrible. I do have some questions on fees. My Title Insurance fee is 716.50 Title Search 400.00 How Did using the same title company save me anything and if so what did it save me because I paid 199.00 for Title insurance fee the first time and no title search fee. Is there a reissue rate on the title insurance that you can request? What about negotiating that title search. It was a year ago what search did they do since they originally did the work on the loan a year ago? Fidelity National Title -They were a terrible title company to begin with. Seems that all they need is to update the information they already have.

----- Forwarded Message ----
From: John and Melissa Roschal <roschals@roschal.com>
To: April Monico <amonico@farrisaustin.com>; Angela Chambless <achambless@farrisaustin.com>
Cc: Kim Pritchard <Kim.Pritchard@wellsfargo.com>; John.J.RabonIII@wellsfargo.com; Melissa Roschal <mroschal@yahoo.com>
Sent: Monday, May 18, 2009 11:54:49 AM
Subject: Fw: Out of Office: Final HUD and closing

Hi April and Angela,

Please see email below:

----- Forwarded Message ----
From: Nick Murphree <nmurphree@farrisaustin.com>
To: John and Melissa Roschal <roschals@roschal.com>
Sent: Monday, May 18, 2009 11:49:03 AM
Subject: Out of Office: Final HUD and closing

I am sorry but I will be out of the office from 05/15/2009 until 05/26/2009.

Angela Chambless will be covering for me and can be reached at achambless@farrisaustin.com

If you need assistance on HUD April Monico will be your contact at amonico@farrisaustin.com.

If you need urgent assistance and you cannot reach Angela or April please contact Nikki Hawkins at nhawkins@farrisaustin.com

----- Forwarded Message ----
From: John and Melissa Roschal <roschals@roschal.com>
To: Nikki Hawkins <nikkih@pbmlaw.com>; Nick Murphree <nickm@pbmlaw.com>; "Rosales, Tony" <Tony.Rosales@fnis.com>
Cc: Kim Pritchard <Kim.Pritchard@wellsfargo.com>; John.J.RabonIII@wellsfargo.com; Melissa Roschal <mroschal@yahoo.com>
Sent: Monday, May 18, 2009 11:47:52 AM
Subject: Final HUD and closing

Hi Nikki and anyone else involved with this closing.

Please see below the email trial from last year.

I would like to prevent the situations we had last year from repeating itself and hope you understand the need to send this email out. I have already called last Friday at 3:00pm to let Nick Murphre know I could not do a 4:00pm closing for today Monday May 18th, 2009. I was told by the receptionist that Nick was out but that April would be the one to tell this too. She was not available either so I told the receptionist that it was URGENT to get in touch with her and let her know I would not be able to close on Monday May 18th, 2009 at 4:00pm and she said, "yes, I will give her the message".

Today Kim Pritchard, with Well Fargo calls me at 9:46am to see if I am ready for my closing TODAY???   I explained to Kim that I have already called Fidelity and no one returned my call from last Friday. She said she would call back and make sure that they knew I had tried to call on Friday and see about another date. Another phone call and Kim said she is trying to confirm for Tuesday May 19th, at 4:00pm.

Seems like communication is the key, AGAIN! Please, let me know asap when you can schedule a mobile notary for the closing and forward me a Final HUD before I go to closing. I would like to see the final HUD before I attend closing!

I hope I have made myself clear as my experience with Fidelity National Title has been less than satisfactory both times.

Please forward the this information to others that are involved; Dixie Goad, Nick Murphre, Rachel Siegel are some that were involved last year.

Regards,

John Roschal

I can be reached at the following numbers

Work: 713-972-8051
Cell:    713-822-1699
Home: 713-728-5570
Wife (Melissa):   832-439-6490

----- Forwarded Message ----
From: "Rosales, Tony" <Tony.Rosales@fnis.com>
To: mark@dominion.ws; Nikki Hawkins <nikkih@pbmlaw.com>; John and Melissa Roschal <roschals@roschal.com>; Nick Murphree <nickm@pbmlaw.com>; "Siegel, Rachel" <rachel.siegel@fnis.com>; Alicia Howery <alicia@aliciaapprovedme.com>
Sent: Wednesday, March 26, 2008 9:27:15 PM
Subject: RE: 4730 Benning Houston TX FNAMS to Roschal

Mr. Roschal,

I sincerely apologize for these issues regarding closing this property. I assure you that these will be cleared up immediately. This will be at the top of my list, first thing in the morning, to get taken care of. I appreciate your patience and input. Please contact me if there are any further concerns. Thank you.

To everyone else:

Let us get this closed and funded in as professional manner as possible. The time spent on the emails back and forth is time that could have been used to fix the issues at hand. I will call each of you tomorrow to find out what the status is on this closing. Furthermore, I will advise that any communication other than closing specific items be kept strictly between the individuals involved and not include others to which it does not relate. I hope that we can work together with respect and professionalism to get this transaction taken care of in a way that satisfies both the seller and the buyer.

Tony Rosales
Asset Manager
FIS Asset Management Solutions
10385 Westmoor Drive
Suite 100
Westminster, CO 80021
720-566-8232 Direct line
720-566-8332 Fax
** Please note that my new e-mail address, effective immediately, is tony.rosales@fnis.com **

The information contained in this message is proprietary. If you are not the intended recipient, please: (i) delete the message and all copies; (ii) do not disclose, distribute or use the message in any manner; and (iii) notify the sender immediately. In addition, please be aware that any message addressed to our domain is subject to archiving and review by persons other than the intended recipient. Thank you

-----Original Message-----
From: mark@dominion.ws [mailto:mark@dominion.ws]
Sent: Wed 3/26/2008 6:50 PM
To: 'Nikki Hawkins'; 'John and Melissa Roschal'; 'Nick Murphree'; Rosales, Tony; Siegel, Rachel; 'Alicia Howery'
Cc:
Subject: RE: 4730 Benning Houston TX FNAMS to Roschal

Nikki – Nothing ridiculous about any of this, it would be comical if it were not business. I don’t have any questions and don’t expect or have time for apologies, nor do I owe you one. I do have statements and suggestions. I am not Mr. Dominion, I am Mark McWhorter, the listing Broker (an intermediary on this file). Dominion Resources is my company. I urge better communications and coordination between your office and myself, lender and buyer. I have been asking for a copy of the HUD (which I rec’d around 5 pm) long before whoever scheduled a 4:00 pm close. After receipt I was informed changes are to be made … what changes I wonder. When what your office tells me differentiates with what the lender tells me then obviously everyone isn’t on the same page. I must start somewhere, so I start with title and work backward. As I informed Dixie, who kindly and promptly answered my email, I can work from any valid source of information. And as I requested from Nick I want to be kept better informed on any of my files your office processes. That should be an easy task. As a further courtesy I want to be informed of whomever you send to perform closings on my files. I have no contact information on Ms. Triplin and could likely have saved her a useless trip. What leads to believe I would not want to attend the closing? Sincerely, Mark McWhorter

John – Appears things have become momentarily disorganized. Wouldn’t think you’re dealing with professionals, would you? Buying a house is not this stressful, you’re dealing with numerous people and I think communications have faltered. Believe me, some of the recipients of these messages have authority and will step in and reorganize the situation. You should prepare to close tomorrow, no later than Friday. The HUD (closing statement) must reflect the actual day of close for proration purposes, let’s stay in touch once they get the Final HUD drawn. You may draw a cashier’s check for the $10,000 and a personal check is acceptable for any difference up to $1,500. If your closing costs drop below the cashier’s check amount you will be refunded. Later, Mark

From: John and Melissa Roschal [mailto:roschals@roschal.com]
Sent: Wednesday, March 26, 2008 6:30 PM
To: mark@dominion.ws
Subject: Re: status?

Wow, as first time home buyers it seems things are getting pretty wild.

Here are some corrections of statements that I have read from either Nick or Nikki.

1. Nick stated that they were trying to get a hold of me since 3pm. Not true, I received my first phone call from Alicia at 3:40pm and at that time she told me about the total I needed to bring in a cashier's check to closing. (which was 20 minutes away according to her but Nick had never call me to confirm). I questioned it when she told me it was going to be 11,001.43 costs. She then realized that the $1,000 had not been applied. and at that time had said they would try to get that corrected. In addition Alicia told me that I would have to pay for the appraisal since it was "misplaced".

2. I called Nick this morning at 11:32am to try to see were we were on how much the cashier's check needed to be since I had not heard from Alicia. He told me that he would call me as soon as he had the HUD and would also call me to confirm what time we would meet the notary. He never called so I never went to the bank to get the cashier's check as well as not knowing what the amount should be.

3. We have been going on the "information" we are given each day and I am not sure where Nikki Hawkins is coming from but she does not seem to know your name so that is worrisome.

I don't really understand what we are signing if the paperwork is not correct and corrections were being made and revisions etc up until 5:03pm. I was on the phone with my bank as it was closing time for them and they could not do very much within a 10 minute window of the closing to correct the "lost" cashier's check problem.

I am sure this is unusual for a closing to be this unorganized but are they rushing around to meet a certain deadline because we have not pushed it and can wait til Monday if need be.

Let me know your thoughts.

John Roschal

----- Original Message -----

From: Nikki Hawkins

To: mark@dominion.ws ; 'John and Melissa Roschal' ; TONY.ROSALES@FNIS.COM ; 'Siegel, Rachel'

Sent: Wednesday, March 26, 2008 5:42 PM

Subject: FW: status?

Mr. Dominion, all of this is totally ridiculous. We received documents on this file this morning at 11:00 and have jumped through hoops to get this file closed today. The documents were sent to the notary and everything was in place for a 4:00 closing. We have made EVERYONE well aware that we require closing documents a minimum of 48 hours prior to closing so that we don't have all of this mess. In order to accommodate everyone at the end of the month, we bent our own rules to accommodate you and everyone else. I will not look for an apology from you but I will expect you to stop pointing the finger of blame at the title company and work with us to get this closed. The lender has just now requested revisions to the settlement statement and from what I understand, Ms. Triplin the notary is more than willing to go ahead and meet with the buyer this evening. She is one of our better notaries and is more than willing to accommodate a busy schedule at the end of the month. Please let me know if you have any questions.

Nikki Hawkins
Fidelity National Title
Office Manager/Escrow Officer
99 Trophy Club Drive
Trophy Club Texas 76262
(817) 430-5874 fax
(817) 430-5808 phone

Closing documents must be received a minimum of 48 hours prior to scheduled closing time.

Please note that Commission Disbursement Authorizations and Realtor commissions must be calculated on the NET proceeds amount per the contract instructions. Please refer to the closing instructions included with the contract

From: Nick Murphree [mailto:nickm@pbmlaw.com]
Sent: Wednesday, March 26, 2008 5:32 PM
To: mark@dominion.ws; 'John Roschal'; 'Alicia Howery'; 'Tony Rosales'; 'Siegel, Rachel'
Cc: 'Melissa Roschal'; dixie@pbmlaw.com; 'Nikki Hawkins'
Subject: RE: status?

Ok to start off the conversation Dixie Goad was the person who was working the HUD on this file. The original HUD that was prepped did not have the earnest money on it…that is correct, however Dixie noticed the problem and then corrected the HUD. The HUD was sent to Carol@cedarmtg.com at 3:38 in response to the question about the Earnest money. Dixie informed me that she tried to call Mr. Roschal but there was no answer on the phone. The HUD was sent to the Lender at 2:39pm and we didn’t receive revisions until 5:03pm.

The Appraisal fee was a condition from the Lender and unfortunately we cannot change that if it is a condition to be placed on the HUD. Alicia at Cedar Stone confirmed with Dixie that she was the person who lost the check and she has been trying to get in contact with Mr. Roschal since 3pm to resolve the Appraisal fee check issue to no avail.

This HUD has not been approved and we have just received revisions from P&P. I have attached those and all the other emails concerning this file.

I do apologize that there were problems with this loan closing and I will do everything in my power to get this signed before the end of the month.

Please let me know what to do about the Appraisal fee on the HUD. We should have approval from the Lender and we can proceed with the closing.

Thanks,
nick

Nicholas Murphree

Fidelity National Title

99 Trophy Club Dr

Trophy Club, Texas 76262

817-430-5808

f 817-430-5875

nickm@pbmlaw.com

Closing documents must be received a minimum of 72 hours prior to scheduled closing time.

Please note that Commission Disbursement Authorizations and Realtor commissions must be calculated on the NET proceeds amount per the contract instructions. Please refer to the closing instructions included with the contract.

From: mark@dominion.ws [mailto:mark@dominion.ws]
Sent: Wednesday, March 26, 2008 4:52 PM
To: 'John Roschal'; 'Nick Murphree'; 'Alicia Howery'; 'Tony Rosales'; 'Siegel, Rachel'
Cc: 'Melissa Roschal'
Subject: RE: status?

To all from Mark McWhorter

Alicia – What does John mean by “appraisal fee cashier’s check was lost”

Nick – What’s up with all this. Where’s the buyer’s earnest money and why is there an appraisal fee on the HUD when lender has already collected it? Did lender instruct you to collect it? And …where is my review copy of HUD? As previously mentioned, I can’t find your posting on REOTrans. Please email HUD direct to mark@dominion.ws

John – I don’t think Nick has an approved HUD yet, I’ve been asking for it too. Sit tight, we’ll get this resolved. Mark

From: John Roschal [mailto:john@roschal.com]
Sent: Wednesday, March 26, 2008 4:26 PM
To: Nick Murphree; Alicia Howery
Cc: mark@dominion.ws; Melissa Roschal
Subject: Fw: status?

Not sure what to do at this point. Never heard back from Nick since I called him last at 11:32 this morning. Alicia is telling me that the earnest money was not applied and that the appraisal fee that was already paid is in the final statement. Alicia also said the appraisal cashier's check was lost and upon calling the bank to figure out how to get it cancelled and money available they told me it takes 90 days with cashier's checks.

My bank closed it's lobby at 4:30pm even if I wanted to get there at this time I cannot to even get a cashier's check and I don't know even know who the payee needs to be.

I hope we can get this figured out for Thursday. I have had to take the day off to make sure I will be able to coordinate with notary.

Regards,

John Roschal

----- Original Message -----

From: John Roschal

To: Nick Murphree

Sent: Wednesday, March 26, 2008 3:55 PM

Subject: Re: status?

Hi Nick,

I have not heard from you and it's 3:50pm. Alicia just called to let me know the HUD was received but is not correct. It shows no earnest money being paid (which I have copies of cashier's check and FedEx tracking that it was delivered and received from Fidelity Title and confirmed this with an email). Additionally, we have already paid for the appraisal and have that cashier's check receipt as well but it shows that we still have to pay for that on the final statement.

Would like to get an update on if you have confirmed with the notary the changed time which is now and I have to still go to the bank to get cashier's check when the corrections are made in regards to the appraisal and earnest money. Have to go.

Regards,

John Roschal

832-439-6490

----- Original Message -----

From: Nick Murphree

To: john@roschal.com

Sent: Wednesday, March 26, 2008 11:39 AM

Subject: Survey

Nicholas Murphree

Fidelity National Title

99 Trophy Club Dr

Trophy Club, Texas 76262

817-430-5808

f 817-430-5875

nickm@pbmlaw.com

Closing documents must be received a minimum of 72 hours prior to scheduled closing time.

Please note that Commission Disbursement Authorizations and Realtor commissions must be calculated on the NET proceeds amount per the contract instructions. Please refer to the closing instructions included with the contract.

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