Complaint #1418366 submitted on 06/12/2015 relating to Fidelity National Financial, Inc. Complaint relates to Mortgage Conventional fixed mortgage - Loan modification,collection,foreclosure .
Complaint was submitted via Web and sent to the company on Friday 19th June 2015.
Hello and Thank you for your help. I am the owner of a mortgage with no collateral ( property ) with XXXX XXXX XXXX due to negligence from XXXX XXXX, title company and XXXX XXXX XXXX.
" XXXX XXXX XXXX XXXX XXXX XXXX, MA XXXX, XXXX XXXX : XXXX XXXX XXXX : Atty. XXXX XXXX Set forth below is a synopsis of the bases for my position that the XXXX to Unit XXXX is flawed : On XXXX XXXX, XXXX, XXXX XXXX, the then owner of Unit XXXX, Building XXXX, XXXX XXXX XXXX XXXX, executed a mortgage to XXXX XXXX XXXX XXXX, recorded in XXXX XXXX XXXX XXXX XXXX XXXX, Book XXXX, Page XXXX mortgage to XXXX was eventually assigned to XXXX XXXX Bank XXXX Trustee. The assignment was dated XXXX/XXXX/XXXX and recorded on XXXX/XXXX/XXXX at said Registry in Book XXXX, XXXX XXXX XXXX initiated foreclosure proceedings on the XXXX mortgage, culminating with an auction and sale conducted on XXXX/XXXX/XXXX.
Legal notices for the sale were published in the XXXX XXXX on XXXX XXXX and XXXX, XX/XX/XXXX.Because the assignment of the XXXX mortgage to XXXX XXXX was not executed until XXXX/XXXX/XXXX and not recorded until XXXX/XXXX/XXXX, XXXX XXXX did not have title to the property at the time that it conducted the foreclosure sale and subsequent conveyance of the property. This conclusion is based on the holding of the Massachusetts XXXX XXXX Court in the case of XXXX XXXX XXXX XXXX, XXXX. XXXX XXXX XXXX and a consolidated case ) XXXX Mass XXXX, wherein a lender tried to claim title under identical circumstances and the Court ruled that because the assignment of the mortgage to the foreclosing entity had not been recorded prior to the foreclosure sale XXXX and, specifically, prior to the XXXX publication of notice ) the foreclosing entity did not have good title.
Accordingly, the foreclosure of Unit XXXX is void and title did not pass to XXXX XXXX XXXX by virtue of the deed recorded in Book XXXX. XXXX XXXX who bought the property from XXXX XXXX XXXX of XXXX.
| Company | Fidelity National Financial, Inc |
| Complaint ID | 1418366 |
| Date Received | 06/12/2015 |
| Product | Mortgage Conventional fixed mortgage |
| Issue | Loan modification,collection,foreclosure |
| State/ZIP Code | FL 341XX |
| Consumer Consent | Consent provided |
| Company Public Response | |
| Company Response To Customer | Closed with explanation |
| Submitted | Web 06/19/2015 |
| Result | Timely Response: Yes, Consumer Disputed: No |
Leave your comments and feedback below.