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Daniel Kokhba
Daniel Kokhba,
Category: Business Law
Satisfied Customers: 1739
Experience:  Partner at Kantor Davidoff
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New question. (Hopefully Mr Law Educator can answer.) We had

Customer Question

New question. (Hopefully Mr Law Educator can answer.)
We had an escrow closed on May 6 2016 for refinancing in the state of CA. I emailed a complaint to the company re. their escrow service below. The company's council sent us one letter and denies any and all liability re. their errors (including over charge of government fees, the fact such as this is too clear to deny), and would not communicate with us. Please advice what our legal rights are and the course of action we should take.Our letter of complaint
1. Failing to provide full disclosure statement prior to engaging the job
We were informed by our legal counsel that in accordance with CA laws, service providers must disclose all costs prior to engaging work. We were only informed of the title insurance cost and the escrow fee and the information that there is no charge for wiring and notary services. In fact, we did not receive a full disclosure statement until a day prior to closing, not prior to engaging the work.
Prior to closing, even though we provided well ahead of time a payoff figure that the old lender requires with the cutoff time for wiring (by 2pm CT, highlighted), the escrow officer (Ms Chris Fonte) overlooked this. As a result, a day before closing, we just managed to find a notary official and had to sign all documents in a great hurry, leaving us no time to check the documents. Not to mention there were several mistakes.
2. Charging hidden (undisclosed) fees
Despite the initial quote, we were charged $2,513.65 due to the ‘hidden’ charges. In contrast, we had a quote with full disclosure statement (attached below) from another company for the same deal. Their total charge (excluding government charges) is $1855.
3. Failing to refund the funds to us
We were informed that our refund check $26,602.73 would be processed soon after closing on May 6, usually on the day. However, the statement was processed/posted only on May 11, without the refund check being enclosed. We had to personally ask the escrow officer for it. We finally received the check on May 20. There was no explanation or apology for the delay. We find a waiting period of 14 days unacceptable, especially because we were counting on the refund check $26,602.73 to distribute to others.
4. Failing to charge the correct of amount of government fees
Upon receiving the deed from the recording office, we noticed that the charges printed in the deed documents did not match the fees charged in the statement from your company. We were overcharged. The escrow officer does not explain why or admits the overcharge.thank you
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your new questions and for asking for me. I am sorry, but I am afraid there has been a misunderstanding by you about how this site works. The experts of this site are not employees of this site and as such they get no credit for spending time with customers until they leave positive feedback for the experts. As you have failed to do so the last two times I assisted you, I cannot assist you further until you do so. Please let me know.

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