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Business Profile

Title Agent

Fidelity National Title of New Mexico Inc. - Cottonwood

This business is NOT BBB Accredited.

Find BBB Accredited Businesses in Title Agent.

Complaints

Customer Complaints Summary

  • 1 complaint in the last 3 years.
  • 1 complaint closed in the last 12 months.

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The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

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  • Initial Complaint

    Date:10/29/2024

    Type:Product Issues
    Status:
    Answered
    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.
    My wife and I closed on our new home last month and used Fidelity National Title of New Mexico. A portion of the profits from the sale of our home was to go to the IRS to pay off our IRS debt. Unfortunately, the Title company did not include any identifiable information on the check they sent to the IRS, so the IRS did not apply it to our balance owed.

    I have contacted the IRS four times now, they received the check. It was made out to the IRS, and it was processed by them; however it was applied to the Title Company. They are claiming it was not and that they do not have an account or pay taxes according to Rachelle Herrera at the company. Basically, the IRS will not speak with me about this check as it was not made out to me, nor am I the issuer of the check. I have let the Title company know this repeatedly, and they told me to contact the IRS again and make an appointment. I let them know they will not talk to me about their check, so I am at a loss as to how to get my money back.

    I have requested help numerous times from this company and have been rudely treated and now simply blown off. The IRS applied the money to them, and they have it, but keep denying it or trying to help. At this point my wife and I are out $3,361.13 and I am still making payments to the IRS. I do not know how a company can expect me to pay for their error, and simple forget that they have made a mistake that has cost me money. Please help me get my money back, this is not how people should do business, and they should not be allowed to treat people this way.

    Respectfully,

    Aaron M. Barba

    Business Response

    Date: 11/14/2024

    Good afternoon,

    We received the attached complaint and I am not sure how we are supposed to respond, by that I mean do you just want a written response?  Is there a form we complete, can you please advise.

    Thank you,

    *****

    Business Response

    Date: 12/02/2024

    Hello,

     

    I apologize for the delay in responding.    We are working with parties on this transaction to resolve the issue.  We were instructed by the lender to collect for an amount with the IRS to buy down a balance on an outstanding balance. 

     

    As a courtesy to the borrowers we mailed the check into the IRS with the documentation that was provided to us.  Out of an abundance of caution and with the amount of identity theft these days we did not put the “full” social security number on the check.  The back up documentation was separated from the check and the check was not able to be properly applied to the account.

     

    The check subsequently cleared our account and upon the borrower contacting the IRS they said they put the money back into our account.  Our location here in Albuquerque is one of over a 1,000 offices for Fidelity nationwide.  The funds were not put back into the account in which the check was drawn from.  We did not steal there money and we are not just “keeping” the money.  That would of course be out of line with our fiduciary responsibilities.

     

    When we contacted the IRS they would not speak with us because it was not our account with the balance owed.  Upon contacting the borrower, at that point, they were not willing to work with us to try and get the situation resolved by both a representative from our company and one of the borrowers on the phone with IRS to get a reference number or account number to find where the money went. 

     

    Since the time of their complaint to the BBB they have filed a claim with our claims division and we are all working together to get the necessary information from the IRS to get the money back and returned to their account.  I feel confident we will have  a resolution soon.  Please let me know if you have any further questions.

     

    Regards,

     

    ***** ******

    President, FNT New Mexico

     

     

     

    April Kovari, President/State Manager

    Fidelity National Title of New Mexico

    Mobile: 505-269-8852

Fidelity National Title of New Mexico Inc. - Cottonwood is NOT a BBB Accredited Business.

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