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Is Escrow DOING THEIR JOB? DID YOU CXL AND GET DEPOSIT BACK>?

By
Managing Real Estate Broker with California Coastal Estates DRE 01329427

MARCH 28, 2011

Did you ever have to cancel escrow and had a situation that took escrow a MONTH AND A DAY TOO LONG TO RETURN A DEPOSIT TO YOUR CLIENT?

Well, let me tell you first of all who to contact to report THE ESCROW COMPANY IN QUESTION OR COMPLAINT TO. That would be the Department of Corporation. HERE IS THE CONTACT INFO CA:

http://www.corp.ca.gov/about/contact.asp

Now, let me tell you what we DID right.

A. We canceled in time before all contingencies needed to be released

B. We canceled escrow and had Sellers sign the following cancellation: SELLERS AGREE TO RETURN BUYERS DEPOSIT IN FULL. SIGN AND DATED BY ALL PARTIES.

C. Contacted escrow and agent immediately for cancellation with voice and email messages, as well as signed cancellation.

D. Contacted our Attorneys to overlook contract and escrow instructions that Buyers signed (That was an extra step) and cc:d our Corporate RE attorney's on each escrow correspondence. (Again, extra step).

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

Let me tell you what ESCROW DID WRONG:

A. They told us (BUYING AGENT) to change our Cancellation and check the box that says, minus any fees incurred. (UMMM NO!!!--- Just because escrow tells you to do something, they are not always right)

B. They opened a NEW ESCROW for this property without FINALIZING OUR CLOSING! (Completely NOT ALLOWED!! They are not suppose to open a new escrow until the other is closed)

C. Escrow owner returned our office phone call after 48 hours, didn't let me speak, kept talking over me, raising her voice and HUNG UP ON ME because I told her I was NEVER going to use her ESCROW Co. again & I was going to contact Licensing at the Dept. of Corp. (hang up? Really? So, Juvenile!)

D. Called Buyer to come in and pick up check, that she should initial a box that states > minus HOA doc and prep fees which is equivalent to $460.00 (In the RPA_CA we agreed that Seller was paying these fees)

E. Gave the NEW Buyers OUR Home Inspection Report. (This is why I don't usually give my Buyers home inspection, only the summary and request for repairs sheet) AND BUYERS CALLED MY BUYERS HOME INSPECTOR PERSONALLY AND ASKED FOR INSPECTION TO BE PUT IN THEIR NAME AND EMAILED TO THEM! (SWEAR!>>>) THANK YOU FOR TELLING ME THERE IS A NEW ESCROW OPEN AND THAT THIS AGENT GAVE YOU OUR REPORT~  (HE'S ON AR & HAS 621 POINTS AND HAS A REPUTATION OF BEING A SHADY AGENT AND HE CALLED ME UNPROFESSIONAL FOR MY CLIENTS CANCELING.)

F. No phone call, status of check for three weeks now, we have been waiting for three weeks for the check.

***Although, my Buyers signed their escrow instructions that stated they agreed fees could be deducted from their deposit and  if canceled could be charged processing fees.  Remember the Sellers signed the cancellation with Buyers DEPOSIT TO BE RETURNED IN FULL****** ;) :)

We contacted the Sellers agent last week and he did not return a call or email. So, we mentioned the message below and he said it would be taken care of.... (Now, he returns the call....) When escrow sent me an email to write up NEW Cancellation and fill in BOX A. and have all parties sign and initial again. The Sellers Agent wrote the following message: "Just listen Lauren and redo the Cancellation like escrow said".

CAN SOMEONE TELL ME IF I HAVE "STUPID" WRITTEN ON MY FOREHEAD???

YOU TELL ME WHAT IS WRONG WITH THIS PICTURE? NOT ONLY DID ESCROW TALK DOWN TO US TWICE! HUNG UP AND WERE COMPLETELY UNPROFESSIONAL IT WAS OBVIOUS THEY WERE WORKING ON SELLING AGENTS SIDE. THEY WERE NOT A THIRD PARTY/// NON BIAS PARTY. AT ALL!!!!!!!!

WANT TO KNOW WHAT WE ARE DOING IF THE MONIES ARE NOT DEPOSITED AND MY CLIENTS 10,000.00 IS NOT AT THE FRONT DESK TOMORROW???? (AND NOT THE $9,540.00, THEY TRIED TO LEAVE AT THEIR FRONT DESK)

CAN YOU SAY LIS PENDENS????

Lis pendens is Latin for "suit pending

OH! I LOVE CA COASTAL ESTATES AND THE OWNERS/LAWYERS THAT HANDLE ALL THE STICKY STUFF FOR ME! GUESS HOW MUCH A LES PENDENS IS TO FILE??

$15- BUCKS!!! SO, BRING IT!!! AND NOW YOU NEWBIES AND PROFESSIONAL REALTORS(R)  NOW HAVE ANOTHER, WHAT TO DO IN CASE THIS HAPPENS TO YOU....

 WE NEED TO DO OUR JOB FOR CLIENTS COMPLETELY, IF YOU AREN'T FIGHTING FOR YOUR CLIENTS, YOU AREN'T DOING YOUR JOB! IF YOU WANT TO BE A TRUE PROFESSIONAL KNOW WHAT TO DO IN ALL SITUATIONS... IF YOU DON'T KNOW, GET THE RIGHT CALL THE LEGAL HOTLINE IF YOU DON'T HAVE INSIDE LEGAL HELP, GOOGLE IT! CALL SOMEONE IN THAT SAME FIELD THAT YOU WORK WITH THAT MAY HAVE ANSWERS TOO! I CALLED MY ESCROW OFFICER THAT TAKES MY LISTINGS AND ASKED AWAY.......................

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CALL YOUR SOUTHERN CA REALTOR(R) THAT DOES DUE DILIGENCE FOR HER BUYERS AND SELLERS IN ALL TRANSACTIONS. CALL LAUREN SELINSKY, 888-908-7770 TO BUY OR SELL IN SOUTH ORANGE COUNTY IN THE CITIES OF: ALISO VIEJO, BALBOA, CAPO BEACH, DANA POINT, IRVINE, LAGUNA BEACH, LAGUNA HILLS, LAGUNA NIGUEL, LAGUNA WOODS, MISSION VIEJO, MONARCH BEACH, NEWPORT COAST, NEWPORT BEACH, SAN CLEMENTE, SAN JUAN CAPISTRANO AND HUNTINGTON BEACH. A CERTIFIED RESIDENTIAL SPECIALIST, CRS- AND SHORT SALES & FORECLOSURES SPECIALISTS~

Posted by

   

  your real estate broker lauren selinsky 

  

 CA COASTAL ESTATES

 LAUREN SELINSKY BROKER | DRE01329427 

PO BOX 956 CORONA DEL MAR, CA 9262

c.949.395.6616 | t.626.514.0923

 ocLauren@me.com 

 


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Paul Caloca
The Papas Group (DRE #01766524) - Scotts Valley, CA

You go Lauren! Get every penny back for your clients and file a complaint!

Mar 28, 2011 08:05 PM
CA COASTAL ESTATES Lauren Selinsky Perez CRS
California Coastal Estates - Aliso Viejo, CA
"Your Real Estate Broker" #oclauren

Absolutely Paul~~~ Thx... I remember escrow telling me, "your client was very cool with everything and she is picking her check up". I said, "yeah! because you tried to get her to initial a box and ex out our DEPOSIT TO BE RETURNED IN FULL". I am so glad I am constantly contactable!!!

Mar 28, 2011 08:13 PM
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

WOW Lauren, that's a lot to ask us to digest do early in the morning. What a great job you are doing for your Buyers, hope they understand it all.

Mar 29, 2011 01:36 AM
Mike Mitchell
Kee Realty - Saint Clair Shores, MI
REALTOR (R)

Keep it up Lauren! I hope your buyers appreciate everything you're doing. I'm still trying to figure out how they can open a new escrow when your clients has not been released yet. Then they're using your clients home inspection?!?!?! That's irking me right now and it's not even my client!

Mar 29, 2011 01:44 AM
Stacey Smith
Keller Williams Realty - Aliso Viejo, CA
Your Orange County Beach Cities Realtor

Go get them Lauren... Take their booties to small claims court and while your at it challenge the creditbility of their corporation and hopefully put them under investigation and shut them down. As for the A-HOLE of a agent on the other side... People like that are in business for so long and then they move on when word gets around about their reputation.

Mar 29, 2011 04:29 AM
CA COASTAL ESTATES Lauren Selinsky Perez CRS
California Coastal Estates - Aliso Viejo, CA
"Your Real Estate Broker" #oclauren

Bob~ yeah! that's what I had to deal with yesterday and the saga continues today..........

Mike, they are so wrong in so many ways.... The escrow officer called today, (talking nice, I almost gagged she was so nice! j/k) and she said how she talked to everyone and she can add another $180- to the credit. I said, there is no discussion. In full, is the deposit!!! that will be returned and your assistant said we would get it after your new escrow closed. So, what's the extended discussion about? Just goes to show they were not intending to return it in full...

Stacey~ no need for small claims court, but aggravating this situation is! AGH!!!! Yeah! this guy has that reputation, that's why he started towards my city.

Mar 29, 2011 10:33 AM
CA COASTAL ESTATES Lauren Selinsky Perez CRS
California Coastal Estates - Aliso Viejo, CA
"Your Real Estate Broker" #oclauren

Another day of no return call from escrow~

Mar 29, 2011 10:00 PM
Not a real person
San Diego, CA

That post sounds so much like a rant, a well-earned rant.

Way back in 1999 I had the escrow company short me of almost $10,000. They couldn’t do basic math, and after I corrected their mistake, it still took them another two weeks to run the figures through 15 people at their escrow firm to confirm it.

That escrow company got fined over $2,000,000 in three separate cases of shoddy bookkeeping, kickbacks, etc., and after the third one, the state closed them down. Duh.

Mar 30, 2011 01:39 AM
Hella Mitschke Rothwell
(831) 626-4000 - Honolulu, HI
Hawaii & California Real Estate Broker

In California it is illegal to open up a second escrow with a first one still open! Buyers can open simultaneously at another escrow company, but not the same one!!!

Mar 30, 2011 06:00 PM
CA COASTAL ESTATES Lauren Selinsky Perez CRS
California Coastal Estates - Aliso Viejo, CA
"Your Real Estate Broker" #oclauren

Russel~ I am totally reporting them! I work with so many agents in my area and I have brought this up to many in the past few days.... and NOT ONE SINGLE ONE had a good thing to say about them. One agent said they avoid that escrow company like the plague LOL~ I hope they get fined and the Agent just changed the listing as CLOSED yesterday. GO FIGURE!

yeah! Hella they opened escrow right there, same escrow CO> I am appalled at their behavior!

Mar 30, 2011 08:26 PM