Complaints

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• Initial Complaint

  Date:02/06/2024

  Type:Service or Repair Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  This title agency was used by the seller of our home last year. They sent a check addressed to **, with my husband's name on it, to our address about a month ago. Since we were familiar with the company since they were used in the process of closing on our home, we cashed this check and made a financial decision with it. The agency just called and emailed us yesterday stating this check was sent to us in error, a mistake on their behalf, and we need to pay the funds back in full immediately. They got their lawyer involved who bereded and threatened us when we explained this was completely the company's error for sending us a check addressed to us, to our address, over a month ago, and did not realize until now. Their inappropriately angered lawyer is threatening legal action on this matter in which the company he represents is completely at fault and therefore should rectify this mistake themselves, completely.

  Business Response

  Date: 02/07/2024

  This matter, while upsetting to the Complainant and her fianc/husband, was the result of an honest mistake made by a staff member in my office. The facts are as follows:
  
  Our office handled the closing for the Seller of the Complainants home on February 22, 2023.The Complainant was not a party to the transaction as her alleged husband (hereinafter referred to as the Buyer) was a single man at the time. On December 21, 2023, our office received a check from a third-party seller on another transaction we closed in the amount of $1,746.19. This check represented a real estate tax reproration the third-party seller owed another buyer in connection with the 2023 real estate taxes. As a matter of course, we handle many tax reproration matters after the annual tax bills come out each year in the month of November.

  The reimbursement check needed to be deposited into our bank account and then a separate check (in that same dollar amount) needed to be sent to the correct buyer to whom the reimbursement was due. As such, we deposited the check into our company bank account and updated our closing software (********) to reflect these incoming funds accordingly. However, unbeknownst to me and/or my staff at the time, the incorrect file was credited these funds in our software. Correspondingly, the refund check was processed and mailed to the Buyer instead of the correct customer.The Buyer received the check, never questioned why he was getting it (phone call to our office or otherwise) and proceeded to deposit the funds accordingly. Approximately thirty (30) days after the check was received and deposited by the Buyer, my office reconciled our bank account from which the check was processed (Note: title companies are obligated to perform a 3-way reconciliation of all bank accounts on a monthly basis to ensure accurate accounting, etc.) and realized the inadvertent mistake that was made. Staff in the office immediately contacted the Buyer and explained the situation in detail. We advised the Buyer that it was an honest,unintentional mistake that we sent the subject check to him and respectfully requested that he return the funds as they belonged to another customer. We provided the Buyer with a prepaid Federal Express label and asked him to be kind and help timely resolve the matter. Unfortunately, and to our surprise,the Buyer was not initially inclined to return the funds as the Buyer claimed he and the Complainant utilized the money on a purchase they allegedly would not have made but for receiving this money. My staff reiterated again how the money was sent by mistake and belonged to another customer. When the Buyer expressed that he felt this was not his mistake and that he should be entitled to keep the money, or a portion thereof, I placed a call to the Buyer with one of my staff members on the phone as well. I reiterated the foregoing and asked the Buyer from the bottom of my heart to help us resolve the matter by doing the right thing. The Buyer told me his position had not changed and that he already spent the money. He felt that since this was not his error, and despite it being an honest one, we should compensate him in some form or fashion. While I thought that was a distasteful way to handle the matter, I did offer the Buyer to deduct $100.00 from the reimbursement to compensate for his time and aggravation. Again, we had provided the Buyer with a prepaid Federal Express label to send the balance of the funds back so there would be no additional expense on his part. I told the Buyer that if he chose not to cooperate, which was his prerogative, I would have no other way to get back the funds unless I instituted a small claims action against him. At the conclusion of our phone conversation, the Buyer wasnt willing to accept my terms and advised that he would think about it and get back to us.

  Yesterday evening, the Buyer fortunately emailed our office indicating he would send the money back in a few weeks. While I'm not exactly sure when he intends on sending the money back, my staff replied to that email that we appreciated his decision and understood if he needed some time to gather the funds to return. We also reminded him to deduct the $100.
  
  While we have not received the money back as of my typing this response, I hope in fact this matter can be deemed resolved. I understand the Buyer and Complainant may have been upset and caught off guard by the calls they received from me and my office requesting the return of funds accidentally sent to them, I do hope they know we would have done the same for them if they were the party that was out the money. To be penalized and/or punished for an honest mistake would not be the approach I would want anyone to take if I was trying to help the Buyer recover funds due him. I regret and sincerely apologize for any unnecessary stress and/or tension this matter may have caused the Buyer and/or Complainant. That was not our intention and/or objective. I hope we can all move on from this situation and that there are no hard feelings and/or ill-will toward anyone.