Company Response
8/8/2022
Company states; Fidelity National Title Group (the "Company") has reviewed the information provided by the Customer, Bonnetta Arman (the "Customer"), in the above-referenced Business Consumer Alliance ("BCA") Complaint (the "Complaint"). The Company's response, on behalf of Chicago Title Company, LLC (the "Settlement Agent"), is set forth below.
On or about August 25, 2021, the Customer entered into a Purchase Agreement (the "Purchase Agreement") with Pearl Hardesty for the sale and purchase of the property known as 320 S. Haley, McClure, Ohio, 43545 (the "Property"). The Settlement Agent provided title and escrow services for this transaction (the "Transaction") which closed on October 22, 2021.
As part of the Transaction, the Settlement Agent collected $4,993.32 from the Customer to pay two (2) Judgment Liens (the "Judgment Liens") against the Customer and in favor to the State of Ohio Department of Taxation (the "State"). The Judgment Liens were filed in Henry County on September 28, 2018 in Docket 40, Page 53 for $193.92 and on October 30, 2020 in Case 20SL0486 for $3,134.96. However, the Ohio Attorney General's Office (the "OAG") has not provided a payoff for the Judgment Liens to the Settlement Agent.
On or about July 22, 2022, the Customer filed this Complaint alleging the Judgment Liens still have not been paid and requesting the Settlement Agent pay the Judgment Liens and refund any extra monies collected back to the Customer.
Please note the Customer agreed to convey title to the Property free and clear of all liens in the Purchase Agreement, which included conveying title to the Property free and clear of the Judgment Liens. Moreover, the Customer executed the Settlement Statement indicating that $4,993.32 would be debited from the Customer's sale proceeds and held for the payment of the Judgment Liens. Despite the Customer's allegations in the Complaint, the Settlement Agent has diligently worked to obtain a payoff of the Judgment Liens from the OAG since October 2021 and the Settlement Agent has kept the Customer apprised of its efforts. Most recently, on August 3, 2022, the OAG notified the Settlement Agent that the OAG is processing the Settlement Agent's payoff request and confirmed the payoff for the Judgment Liens will be sent out to the Settlement Agent.
Accordingly, upon receipt of the payoff from the OAG, the Settlement Agent will pay off the Judgment Liens and then disburse any extra funds back to the Customer. The Settlement Agent will also keep the Customer apprised of any new updates regarding this matter. Finally, the Company, on behalf of the Settlement Agent, respectfully declines to refund any extra monies
owed back to the Customer at this time as the Judgment Liens have not been paid off.
The above is based on the information currently available to the Company. The Company maintains the right to supplement this letter. Should you have any questions, you may contact me directly at (402) 498-4545 or via email at Leah.Hart@fnf.com. Please reference the above claim number in all communications with the Company. Thank you.
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