open investigation summary

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R ro ef w er ch re gs d . to C rim in al I Case Date # Opened Date Closed Elapsed Time Reason Closed Title Insurance Investigations Open Investigations Summary Report Alleged Violation 31 A re -2-2 pl 0 ie 2 31 s ; r e pt As. in 4-1 & su 0 31 re 2; A- rs qu al in 14 ifi su -2 ed re 11 rs ; f 31 or ei A gn in -15 tit su -1 le re 02 31 rs ; un au A th un -20 . de -11 31 rw 0; A- rit lic 23 ing e ar 31 nse 103 ule A;r s 23 eq a.o 10 f 7; 31 ch Aar te 23 ac rm ate r in 11 at 1; 31 ion lic en Ase pr 23 o a 31 ba -11 A tio 2; lic re -23 n . q. a20 31 4; A sp ec de -23 ia si a-3 l g. 0 2; 31 ag Aen m 23 cy ar ake 40 tin 2; 31 A g unf ai es -23 r cr a-4 31 ow 06 ;t A itle fu -23 n a 31 ds -40 9; A tru pr -23 st oc a. 41 1. 31 1; Apr 23 em a41 . 2; 31 re Aco re 23 rd p a s 31 ort -41 3 Aan 23 bu nu s. a-5 al 03 31 ;c Aon in 31 tro s. -1 lle ac 03 d t ; fr R au 59 du pr 0-9 le ac 9; nt tic un es fa ir R 59 tit le 2 R ma -6; 59 rk un e st 0-1 tin fair lm 90 g nt ; u nf R . 59 ai rc pr 0-2 la iv 06 im ac ; s y inf or R 59 m at io st 0-2 n an 16 da ; p rd riv R 59 s ac y ch 2-3 R arg ; es 59 e c s r St 2-4 fili ow ds ; e ng sc . R ro ef w er ch re gs d . to C rim in al I Case Date # Opened Date Closed Elapsed Time Reason Closed Title Insurance Investigations Open Investigations Summary Report Alleged Violation 31 A re -2 -2 pl 0 ie 2; s re 31 pt s. 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Activity / Dismissal Alleged unauthorized release of earnest money. Flip transaction/Actions: Stip and Order 3/18/2008 Alleged rate cutting. Failed to file 2006 Annual Report and Controlled Business Report.Activity / Final Order Failed to file 2006 Annual Report and Controlled Business Report.Activity / Final Order Failed to file 2006 Annual Report and Controlled Business Report.Activity / Final Order Flip transaction.Activity / in Progress Fraudulent HUDS-sales price and funds from borrower fabricated. Activity / Mechanics Lien on property that was not paid at closing. Activity / Diverted funds from seller's proceeds to cover shortage from buyer - now cannot collect. Split Activity/ Cunder review Co-habitation of office space with lender, Realtors. Also discount rates for loan officers and realtors involved Company flyers in the Realtors' offices Activity / Respondent aided a former employee in representing a transaction as a purchase when it was a lease. Activity / under review Mortgage Co. LC-Complainant Brokers proceeds were wired to an unlicensed broker in California against lender's instructions. Second MoSecond Mortgage was recorded that was never closed. Possible Fraud. Unlicensed individual conducted the closing (now licensed). Disbursement delay (concessions check). Closed 7/11/06, check received 8/8/06. Activity/ Title agency claims to have lost complainant's closing docs; has never received signed copies. Lender reports title agency is using escrow officers with expired licenses in several of their branches. Activity / X X X X X 12/20/07 3/14/08 2/12/08 2/12/08 2/12/08 1/14/08 1/26/06 1/26/06 3/19/08 3/19/08 3/19/08 3/20/08 3/24/08 3/24/08 52910 2/1/06 3/24/08 782 X 52953 2/8/06 3/24/08 775 insufficient evidence X 52961 2/8/06 3/24/08 775 insufficient evidence X 53153 4/7/06 3/24/08 717 insufficient evidence X 53155 4/7/06 3/24/08 717 insufficient evidence X 53159 53164 4/7/06 4/10/06 3/24/08 3/24/08 717 714 insufficient evidence insufficient evidence insufficient evidence insufficient evidence in sufficient evidence in sufficient evidence insufficient evidence insufficient evidence insufficient evidence X X 53165 4/10/06 3/24/08 714 X 53202 53436 53437 53480 53739 53759 4/20/06 6/26/06 6/27/06 7/11/06 3/24/08 3/24/08 3/24/08 3/24/08 704 637 636 622 528 521 X X X X X X Fiduciary / fraud Illegal flipping. Related Case #53437 Illegal flipping. Related Case #53436 Sharing office space with builder / developer / mtg Internet solicitation by an unauthorized title insurer Willfully failed to follow lender's instructions by permitting secondary financing not allowed by lender. Seller sold acreage to a developer to subdivide. Escrow Officer ignored a large trust deed and insured over. Fourteen NOD's have been filed against 14 properties in the subdivision. 10/13/06 3/24/08 10/20/06 3/24/08 53760 10/20/06 3/24/08 521 insufficient evidence X Page 4 6/7/2009 Title Insurance Investigations Closed Investigation Summary Report 53940 6/1/06 3/24/08 662 Insufficient evidence X Seller alleges he was defrauded out of equity in home in a non-arms-length transaction. Alleges collusion between Escrow Officer and Realtors. Fraud: Unlicensed contractor sold lots in two subdivisions to straw buyers. Submitted to lender as owner-occupied construction loans. REPC is assigned and assignor takes $14-21K as a "consulting fee". X 53980 12/5/06 3/24/08 475 in sufficient evidence X 54167 52949 2/28/07 2/8/06 3/24/08 3/25/08 390 776 in sufficient evidence No violation found No violation found X 53597 8/17/06 3/25/08 586 X 55439 55446 2/12/08 2/12/08 3/25/08 3/25/08 42 42 E-case E-case X X Refinance,mtg. broker did the signing and closing. No notary. Insured over two lis pendens - two active court cases. Activity/ Under review Claims that title agency did not disclose liens on their property. The underwriter says they bought a policy that will protect them. Failed to file 2006 Annual Report and Controlled Business Report.Activity / Final Order Failed to file 2006 Annual Report and Controlled Business Report.Activity /Final Order Charged for Lender's and Owner's policies - never issued or received by Lender or Buyer. Activity / Under review 52869 1/27/06 3/28/08 791 No violation X 55441 55604 55604 55573 55424 55444 55473 55588 55589 2/12/08 3/24/08 3/24/08 3/18/08 2/8/08 2/12/08 2/20/08 3/20/08 3/20/08 3/31/08 3/31/08 3/31/08 4/2/08 4/3/08 4/8/08 4/9/08 4/10/08 4/10/08 48 7 7 15 55 56 49 21 21 No violation No violation No violation E-case No violation found E-case No violation found E-case No violation found X X X X X Failed to file 2006 Annual Report and Controlled Business Report. Marketing violation Marketing violation Possible closing without issuing title insurance.Activity / in Progress Facilitated Mortage Fraud Failed to file 2006 Annual Report and Controlled Business Report. Activity / Final Order X X X X marketing sponsorship Marketing violation. Activity / in Progress Marketing violation Transaction closed in 1999, wherein an LOC was paid, but not closed out. Seller subsequently ran up the line to $14,000 and defaulted. LOC was subsequently sold to another investor who is stating the payoff is now $85,000. Neither the lender nor the title agency can provide records. Subsequent insurer has paid to stave off foreclosure, but problem still remains. Holding for resale Sponsored a golf tournament; marketing materials in excess of $5; unlicensed person marketing. Alleged rate cutting. Co-advertising with builder/developer. Possible conflict of interest/Actions: Stip and Order 6/5/2008 Unlicensed staff member is marketing for agency. Alleged rate cutting 54507 4/19/07 4/11/08 358 No violation found X 54967 54968 55262 54732 55169 55261 55443 10/1/07 10/1/07 4/11/08 4/11/08 193 193 113 257 142 118 64 No violation found No violation found No violation found E-case opened No violation found No violation found E-case X X X X X 12/20/07 4/11/08 8/3/07 4/16/08 X 11/26/07 4/16/08 12/20/07 4/16/08 2/12/08 4/16/08 X Failed to file 2006 Annual Report and Controlled Business Report. Activity / Final Order Page 5 6/7/2009 Title Insurance Investigations Closed Investigation Summary Report 52951 52990 53109 53740 54986 55168 54733 2/8/06 2/16/06 3/24/06 4/21/08 4/21/08 4/21/08 803 795 759 556 199 147 263 No violation found insufficient evidence No violation found No violation found No violation found No violation found e-case opened No violation found No violation found insufficient evidence insufficient evidence insufficient evidence insufficient evidence No violation found No Violation No violation found E-case Consumer complaint Insufficient information no Violation no violation Insufficient information Insufficient information Insufficient information X X X X X X X X X X X 10/13/06 4/21/08 10/5/07 4/21/08 Escrow Officer released docs to loan officer to close. Activity/ under review Did not record deed correctly in 1982, 1983. Activity / under review Double payment of taxes. Failure to return overage. Activity / Fiduciary violation: Became involved in renegotiating terms of the sale after the loan had closed. Unlicensed escrow company. Theft, fraud Activity / possible cease and desist Caused the sale to fall through. Discounted title insurance premium. Activity / in Progress 11/26/07 4/21/08 8/3/07 4/22/08 54078 1/29/07 4/24/08 451 X Liens not paid, HOA's billed to buyer for past due fees, tax lien that was not the buyers. $2,500 loan to seller that was never paid back to buyer. X 55165 52890 11/26/07 4/24/08 1/31/06 5/13/08 150 833 Advertising on client owned web page. Giving kickbacks to mortgage broker. Activity / Under review Agency will not release earnest money deposit to seller per REPC Addendums 2, 7 & 8. Activity / Under review 52942 2/8/06 5/13/08 825 X X 55629 3/28/08 5/13/08 46 X Alleged Advertising Violation Seller alleges he was defrauded out of equity in home in a non-arms-length transaction. Alleges collusion between Escrow Officer and Realtors. Alleged rate cutting Failure to pay taxes. Activity/ waiting for update from complaintant Discounted Rates and No Recon Fees Plead guilty to 2nd degree unlawful dealing by a fiduciary. Activity / in Progress acting out of the scope of a title agency Shared office space lien was not paid Alleged Rate-Cutting Diverted borrower's earnest money deposited in Escrow to builder/seller. Related case #53447 and 53448 Diverted borrower's earnest money deposited to builder/seller. Related Case #53446 and 53448 Diverted borrower's earnest money deposited to builder/seller. Related Case #53446 and 53447 Failure to disclose 30' easement in commitment. Diminutive appraisal came in $10,000 less than orig. appraisal without the easement. Local insurer denied claim based on no loss of value. Home office agreed to reappraise; after reapprasial, would not respond or share reapprasial information with insured. Activity/ Was given a settlement statement that was not the final correct one. Activity / Pending 54711 6/1/07 5/15/08 349 55658 54158 55638 55899 55835 54294 55737 55687 53446 4/8/08 2/26/07 3/31/08 6/4/08 5/15/08 3/27/07 4/22/08 4/17/08 6/28/06 5/15/08 5/22/08 5/23/08 6/4/08 6/5/08 6/9/08 6/11/08 6/13/08 6/17/08 37 451 53 0 21 440 50 57 720 X X X X X X 53447 53448 6/28/06 6/28/06 6/17/08 6/17/08 720 720 X X 53150 4/7/06 6/19/08 804 Insufficient information X 53431 6/26/06 6/19/08 724 E-case X Page 6 6/7/2009 Title Insurance Investigations Closed Investigation Summary Report 53665 9/12/06 6/19/08 646 E-case X 53995 12/13/06 6/19/08 554 E-case X X Respondent facilitated a fraudulent real estate transaction, created and provided false and misleading information to a lender. Activity / in Progress Facilitated fraud. Straw buyer on several transaction, illegal property flipping. Activity / in Progress Violation of probation Docket 2006-050 PC, by failure to pay 2005 assessment, failure to amend agency license, failure to pay forfeiture on EC 1968. Activity / in Progress Possible Fraud. Activity / in Progress Fraud and forgery. Activity / in Progress Failed to file 2006 Annual Report and Controlled Business Report. Activity / in Progress Failure to timely file 2007 Annual Report and Controlled Business Report. Activity / in Progress Failure to timely file 2007 Annual Report and Controlled Business Report. Activity / in Progress Failure to timely file 2007 Annual Report and Controlled Business Report. Activity / in Progress Failure to timely file 2007 Annual Report and Controlled Business Report. Activity / in Progress Failure to timely file 2007 Annual Report and Controlled Business Report. Activity / in Progress Failure to timely file 2007 Annual Report and Controlled Business Report. Activity / in Progress Failure to timely file 2007 Annual Report and Controlled Business Report. Activity / in Progress Failure to timely file 2007 Annual Report and Controlled Business Report. Activity / in Progress Failure to timely file 2007 Annual Report and Controlled Business Report. Activity / in Progress Failure to timely file 2007 Annual Report and Controlled Business Report. Activity / in Progress Failure to timely file 2007 Annual Report and Controlled Business Report. Activity / in Progress Failure to timely file 2007 Annual Report and Controlled Business Report. Activity / in Progress Failure to timely file 2007 Annual Report and Controlled Business Report. Activity / in Progress Failure to timely file 2007 Annual Report and Controlled Business Report. Activity / in Progress Improper/unauthorized disbursement Activity / 54461 5/9/07 6/19/08 407 E-case X 54972 54977 55445 55880 55881 55882 55884 55885 55886 55887 55888 55889 55890 55891 55892 55893 55894 55900 52959 55170 10/2/07 10/3/07 2/12/08 5/30/08 5/30/08 5/30/08 5/30/08 5/30/08 5/30/08 5/30/08 5/30/08 5/30/08 5/30/08 5/30/08 5/30/08 5/30/08 5/30/08 6/4/08 2/8/06 6/19/08 6/19/08 6/19/08 6/23/08 6/23/08 6/23/08 6/23/08 6/23/08 6/23/08 6/23/08 6/23/08 6/23/08 6/23/08 6/23/08 6/23/08 6/23/08 6/23/08 6/23/08 6/24/08 261 260 128 24 24 24 24 24 24 24 24 24 24 24 24 24 24 19 867 211 E-case E-case E-case e-case e-case e-case e-case e-case e-case e-case e-case e-case e-case E-case E-case E-case E-case No Violation Insufficient information no violation X X X X X X X X X X X X X X X 11/26/07 6/24/08 Title not cleared. Split closing. Non-arms-length transaction. Sellers are family. Orig REPC was rewritten and is not acknowledged by half of the sellers. $30K EM check was post-dated and made payable to developer. Property has greenbelt status; therefore, roll-back taxes. Has been reported to DRE. Complainant disavows 2nd REPC. EO notarized docs, but did not witness signing. Related case #53968. 53962 11/15/06 6/25/08 588 Insufficient information X Page 7 6/7/2009 Title Insurance Investigations Closed Investigation Summary Report Split closing. Non-arms-length transaction. Sellers are family. Orig REPC was rewritten and is not acknowledged by half of the sellers. $30K EM check was post-dated and made payable to developer. Property has greenbelt status; therefore, roll-back taxes. Has been reported to DRE. Complainant disavows 2nd REPC. EO notarized docs, but did not witness signing. Related case #53962 X X 53968 11/15/06 6/25/08 588 Insufficient information X 54230 3/13/07 6/25/08 470 Insufficient information Possible Mtg. Fraud Closed a transaction on property in Nevada; failed to follow escrow instructions and collect realtor document fee; failed to provide copy of closing documents to client for review prior to closing Activity / checking Nev. Licensing laws Failure to timely file 2007 Annual Report. Activity / in Progress Mechanice's Lien filed; Title Company insured over Discounted Owner's Policy premium (reissue rate). 54369 4/16/07 6/25/08 436 Insufficient information X 55855 55923 53761 55236 55947 55198 55615 55994 55995 55996 55997 55998 55999 55989 55963 55991 55901 55920 56060 56061 56114 56115 55851 56078 56091 56039 56045 5/21/08 6/12/08 10/20/06 12/11/07 6/18/08 12/4/07 3/26/08 7/1/08 7/1/08 7/1/08 7/1/08 7/1/08 7/1/08 6/30/08 6/24/08 6/30/08 6/4/08 6/10/08 7/17/08 7/17/08 8/4/08 8/4/08 5/20/08 7/22/08 7/29/08 7/10/08 7/15/08 6/27/08 7/2/08 7/7/08 7/8/08 7/10/08 7/16/08 7/16/08 7/16/08 7/16/08 7/16/08 7/16/08 7/16/08 7/16/08 7/17/08 7/21/08 7/21/08 7/29/08 8/4/08 8/13/08 8/13/08 8/13/08 8/13/08 8/14/08 8/14/08 8/25/08 8/26/08 8/26/08 37 20 626 210 22 225 112 15 15 15 15 15 15 17 27 21 55 55 27 27 9 9 86 23 27 47 42 e-case No violation No violation found No violation E-case opened No Violation No violation E-case E-case E-case E-case E-case E-case E-case E-case E-case No violation No Violation E-case opened E-case opened E-case E-case E-case opened No Violation No Violation E-case opened E-case opened No Violation X X X X X X X X Alleged marketing violation Annual report not filed/Activity In Progress Unlicensed Title Agency Escrow Agent did not follow disbursement instructions Failure to file annual report/Activity drafted Order to Dismiss Failure to file annual report/Activity In Progress Failure to file annual report/Activity In Progress Failure to file annual report/Activity In Progress Failure to file annual report/Activity In Progress Failure to file annual report/Activity In Progress Failure to file annual report/Activity In Progress Failure to file annual report/Activity In Progress Failure to file annual report/Activity In Progress Contributed prizes for a client sponsered event Advertisement on client web site. Failure to timely file Annual Report and Controlled Buisness Report due by April 30 Failure to timely file Annual Report and Controlled Buisness Report due by April 30 Failure to timely file 2007 Annual Report and Controlled Business Report. Activity / in Progress Failure to timely file 2007 Annual Report and Controlled Business Report. Activity / in Progress Unlicensed title individual Marketing Violation Failure to notify - address change Unlicensed producer, closing escrow. Associated with 55851 Unlicensed escrow officer X X X X X X X X X X X X X X X X X 54093 2/1/07 8/27/08 573 X Collected at closing, but failed to pay property taxes, now delinquent. Buyer paid, but unable to collect from Agency. X 54565 6/8/07 8/28/08 447 Refered to Fraud X Facilitated illegal flipping and equity skimming in numerous transactions. Activity / FBI looking at Page 8 6/7/2009 Title Insurance Investigations Closed Investigation Summary Report 54566 55690 55691 55692 55693 55694 55695 55757 55200 55240 55327 53086 54301 55417 55586 55776 54364 54575 56151 56152 54371 54969 55904 56074 56187 54422 54437 54298 54612 6/8/07 4/17/08 4/17/08 4/17/08 4/17/08 4/17/08 4/17/08 4/25/08 12/4/07 12/14/07 1/16/08 3/17/06 3/27/07 2/8/08 3/19/08 5/1/08 4/16/07 4/16/07 8/13/08 8/13/08 4/16/07 10/1/07 6/4/08 7/22/08 8/26/08 4/26/07 4/30/07 3/27/07 6/7/07 8/28/08 8/28/08 8/28/08 8/28/08 8/28/08 8/28/08 8/28/08 8/28/08 9/2/08 9/2/08 9/2/08 9/4/08 9/4/08 9/4/08 9/4/08 9/4/08 9/8/08 9/8/08 9/8/08 9/8/08 9/11/08 9/11/08 9/11/08 9/11/08 9/11/08 9/16/08 9/16/08 9/16/08 9/16/08 447 133 133 133 133 133 133 125 273 263 230 902 527 209 169 126 511 511 26 26 514 346 99 51 16 509 505 539 467 Refered to Fraud Refered to Fraud Refered to Fraud Refered to Fraud Refered to Fraud Refered to Fraud Refered to Fraud Refered to Fraud No Violation No Violation No Violation No Violation No Violation No Violation No Violation No Violation No violation No Violation No Violation No Violation No Violation No violation No Violation No Violation No Violation No Violation No Violation No Violation No Violation X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X Facilitated illegal flipping and equity skimming in numerous transactions. Activity / FBI looking at Facillitated illegal flipping and equity skimming in numerous transactions. Facilitated illegal flipping and equity skimming in numerous transactions. Facilitated illegal flipping and equity skimming in numerous transactions. Facilitated illegal flipping and equity skimming in numerous transactions. Facilitated illegal flipping and equity skimming in numerous transactions. Facilitated illegal flipping and equity skimming in numerous transactions. Facilitated illegal flipping and equity skimming in numerous transactions. Alleged false notarization. Alleged loan Fraud Different Settlement Statements issued Failure to deposit escrow trust funds. Activity / under review Recorded a Deed before closing the transaction Facilitation of Mortage Fraud Possibly facilitation of Mtg fraud Facilitaion of Mortage Fraud Paid off wrong loan. See # 54364. Marketing Violation, Sponsorship with a client Marketing Violation, Sponsorship with a client Improper tax prorations at settlement and a shortage of $120. Discounted filed rates. Consumer did not have clear title prior to closing. Summit County Recorders office shows 2 trust deeds outstanding. Did not clear title before issueing a policy Knowingly employed a convicted felon Sharing office space with builder / developer / mtg Certificate of non compliance, did not include the complete document for certificate of compliance. Advertising with a client Four complaints: Failure to record, erroneous recordations, fraudulent transaction. Dispursed funds to buyer that should have not been disbursed. Could not give explaination to buyer other then it was a mistake and they want the money back Possible flipping and loan fraud Possible ownership with a mtg. company. Cancelling contract to keep the earnest money Property in arrears and owner (vulnerable adult) deeded over property to investment group. Escrow file canceled, but agency performed a courtesy recording of warranty deed Did not release Escrow funds when they were suppose to 54725 54740 54845 8/1/07 8/6/07 8/27/07 9/16/08 9/16/08 9/16/08 412 407 386 No Violation No Violation No violation X X X 55074 10/23/07 9/16/08 329 No Violation X 55171 11/26/07 9/16/08 295 No Violation X Page 9 6/7/2009 Title Insurance Investigations Closed Investigation Summary Report 56032 7/10/08 9/16/08 68 No violation X 54991 54295 56092 56182 56013 52946 53226 10/5/07 3/27/07 7/29/08 8/25/08 7/7/08 2/8/06 5/3/06 9/18/08 9/19/08 9/23/08 9/23/08 9/29/08 9/30/08 9/30/08 349 542 56 29 84 965 881 No Violation No Violation No Violation No Violation No violation No violation No Violation X X X X Permitted advertising (materials) unfair methods of competition, acts and practices Released a $10K earnest money deposit to the wrong party, failing to follow the instructions of Paragraph 16 of the REPC Possible wrong deed recording Failure to notify - address change Referral from DRE regarding alleged wrongful recordings Marketing Violation Kickbacks, closed on double HUDs / failure to pay off liens Activity / Under review Received files from the real estate division on possible fraud Activity / Directed and facilitated an unlicensed individual to conduct closings and notarization of falsified documents without witnessing signatures for a mortgage broker, who is currently serving a prison sentence for her crimes. See 53428 & 53429 Directed and facilitated an unlicensed individual to conduct closings and notarization of falsified documents without witnessing signatures for a mortgage broker, who is currently serving a prison sentence for her crimes. See #53429 & 53427 While an unlicensed individual employed by title agency, conducted closings and notarization of falsified documents without witnessing signatures for a mortgage broker, who is currently serving a prison sentence for her crimes. See #53427 & 53428 Closed a transaction with fraudulent Social Security Cards. Related Case #53435 Closed a transaction with fraudulent Social Security Cards. Related Case #53434 Illegal flipping. Related Case #53439 Illegal flipping. Related Case #53438 Closed illegal flip transactions using straw buyers. Possible earnest money violation. Money given to builder without consent of buyer, before contact expired. Possible forged signature Title agency was suppose to pay off some items on the buyer. It was never done and the money is till being held with the title agency. Non-arms-length lease with option to purchase. Reason for complaint is unclear Failure to follow REPC instructions, prepared legal documents incorrectly, did not allow realtor to review documents prior to close of escrow. Buyer coerced into paying all seller closing costs. Seller claimed there was a verbal agreement. Buyer denies. Alleged creation of cloud on title by recording a quit claim deed and affidavit erroneously. Lien from the title company are in dispute, the settlement paperwork was inaccurate X X X X 53427 6/26/06 9/30/08 827 No Violation X 53428 6/26/06 9/30/08 827 No Violation X 53429 6/26/06 9/30/08 827 No Violation X 53434 53435 53438 53439 53868 53989 54293 54328 6/26/06 6/26/06 6/27/06 6/27/06 11/9/06 9/30/08 9/30/08 9/30/08 9/30/08 9/30/08 827 827 826 826 691 658 553 545 No violation No Violation No Violation No Violation No Violation No Violation No Violation X X X X X X X X 12/12/06 9/30/08 3/27/07 4/4/07 9/30/08 9/30/08 54368 4/16/07 9/30/08 533 No Violation X 54372 4/16/07 9/30/08 533 No Violation 54373 4/16/07 9/30/08 533 No Violation X 55254 56201 56368 12/20/07 9/30/08 8/27/08 10/1/08 9/30/08 10/1/08 285 34 0 No Violation No Violation duplicate X X Page 10 6/7/2009 Title Insurance Investigations Closed Investigation Summary Report 56076 56165 56287 55659 55896 7/22/08 8/18/08 9/17/08 4/8/08 6/2/08 10/7/08 10/8/08 10/9/08 10/15/08 10/15/08 77 51 22 190 135 No Violation duplicate E-Case No Violation No Violation X X X 52897 1/31/06 10/22/08 995 No Violation X X Marketing Violation Title agency wanted to settle and have the injured party sign a release for other property's not involved with the allegation Closing transactions with out holding a current license Disbursement of R.E. Commission did not follow disbursement schedule Allegedly closed loan with a signature from an LLC that was not a part of the LLC. Escrow officer released closing docs to Loan officer, who portrayed himself as an escrow officer. Principles filed for divorced three days later. Allegation of fraud/misreprentation. Activity / No activity Waived all settlement fees and discounted title policy. Split closing. 56392 53763 55810 56072 56079 56282 55935 56153 54436 54668 54670 56501 56500 56201 56535 10/13/08 10/22/08 10/20/06 10/27/08 10/2/07 10/27/08 7/21/08 10/27/08 7/22/08 10/27/08 9/17/08 10/27/08 6/16/08 10/29/08 8/13/08 10/29/08 4/30/07 6/1/07 6/1/07 11/3/08 11/3/08 10/8/08 11/6/08 11/3/08 11/3/08 11/3/08 11/3/08 11/5/08 11/6/08 11/6/08 9 738 391 98 97 40 135 77 553 521 521 0 2 29 0 No Violation No Violation No Violation No Violation Insufficient information No Violation No Violation E-Case No Violation No violation No Violation No Violation No Violation No Violation No Violation X X X X X X X X X X X X X X Facilitated fraud: Property flipping and equity skimming Fiduciary violation Closed cash split Cash split closing. Possible escrow closing with a seller that was not aware what was taking place Did split closing and ran money through their escrow account without issuing a title policy Reconveyance problem Failure to reconvey prior trust deeds. Insured over liens. Failure to reconvey. Insured over liens. Allegations of discounting rates Failure to resubmitt loan funds to lender Mechanic Liens are in dispute Failure to comply with a request from the commissioner Two sets of settlement paperwork issued to consumer may be fraud, her signature was not on the final closing Cash split closing. Split Cash Closing Disbursment made for claims from 1% resererve with out notifiying department. Possible mishandling of trust account funds. Failure to return earnest money deposit Title Agency operating without proper lines of authority. Non-licensed licensee Licensee not licensed. Marketing violation failed to file fidelity bond 2006 Insured over lien Possible rate violation Complainant is a private lender. $33,000 of monies held in trust are unaccounted for Facilitated fraudulent mortgage transactions. Release of earnest money without consent of seller Buyer received funds back at closing. 56183 56281 56173 56113 55921 55960 56604 56607 56065 55422 54296 54302 54366 54766 56279 54581 8/25/08 11/10/08 9/17/08 11/19/08 8/20/08 11/19/08 8/4/08 11/19/08 77 63 91 107 162 153 0 0 131 298 616 616 596 480 76 537 No Violation E-Case E-case No Violation No Violation No Violation E-case E-case No Violation Insufficient information No Violation No Violation No Violation No Violation No Violation No Violation X X X X X X 6/10/08 11/19/08 6/24/08 11/24/08 11/24/08 11/24/08 11/24/08 11/24/08 7/17/08 11/25/08 2/8/08 3/27/07 3/27/07 4/16/07 8/10/07 9/17/08 6/14/07 12/2/08 12/2/08 12/2/08 12/2/08 12/2/08 12/2/08 12/2/08 X X X X X X X X X X Page 11 6/7/2009 Title Insurance Investigations Closed Investigation Summary Report 55436 54710 6/1/07 4/16/07 12/2/08 12/2/08 550 596 No Violation No Violation X X Unfair Marketing Buyer coerced into paying all seller closing costs. Seller claimed there was a verbal agreement. Buyer denies. Did not record in a timely matter. Lost money because he did not have title to property. Violation of Probation Insured over lien Possible theft of trust account money Closed and notarized a transaction with fraudlent ID. Possible notary fraud and numerous other fiduciary violations. Activity/ pending Possible out of state title agency conducting closings in the State of Utah. This company is out of California Paid of Credit Cards when should have paid of second mtg. Marketing Violation Donated U of U box for a football game to the Salt Lake Board of realtors Marketing edible products Marketing edible gifts to clients Knowingly employed a person with a felony. Title 18 violation Knowingly employed a convicted felon Respondents facilitated forgeries and notarizations of document relating to closings for a contractor Alleged theft of property by a fiduciary Website shows link on clients website Marketing. Distributing marketing material not in the regular course of doing business Fiduciary allegation Fiduciary allegation Title Agency holding money from complainant and not recording Recorded Deed incorrectly. paid off wrong loan Unfair marketing; co-advertising with a producer of title Cash Split closing / Activity, Pending Failure to open escrow, money deposited into Trust Account Possible Fraud, equity skimming. Possible flip transaction. $30K escrow deposit unaccounted for. Allegation of using someone else's MLS log on Failure to record Forgery / Activity / Pending Complaint of possible theft of files Held escrow funds out then denied they had them closed a transaction behind the realtors back Knowingly employed a person with a felony. Title 18 violation Possible communication fraud. Activity/ pending Failure to respond to an order of the Commissioner; Payment of Recovery Assessment 54603 56033 55934 55937 54677 54537 54129 54202 56077 56283 56612 56609 55745 56188 54736 54735 54292 56163 55229 55230 56549 56491 54636 56435 56307 56320 54884 55000 56172 55556 55742 55716 55646 55775 55744 55367 56740 5/3/07 7/10/08 6/16/08 6/17/08 6/27/07 6/4/07 2/15/07 3/8/07 7/22/08 9/17/08 12/2/08 12/4/08 12/4/08 12/4/08 12/4/08 12/4/08 12/4/08 12/4/08 12/8/08 12/8/08 579 147 171 170 526 549 658 637 139 82 15 16 231 106 495 495 624 115 375 375 35 48 553 58 85 84 465 439 121 284 243 245 264 235 243 329 0 No Violation E-case No Violation E-case No Violation E-Case No Violation No Violation No Violation No Violation Private letter Private letter No Violation No Violation No Violation No Violation Private letter Private letter No Violation No Violation No Violation No Violation No Violation No Violation E-case E-case No violation No Violation No Violation No Violation E-case No Violation No Violation No Violation No Violation E-case E-case X X X X X X X X X X X X X X X X X X X X X X X X X X X X 11/25/08 12/10/08 11/24/08 12/10/08 4/23/08 12/10/08 8/26/08 12/10/08 8/3/07 8/3/07 12/10/08 12/10/08 3/27/07 12/10/08 8/18/08 12/11/08 12/7/07 12/16/08 12/7/07 12/16/08 11/12/08 12/17/08 10/30/08 12/17/08 6/13/07 12/17/08 10/20/08 12/17/08 9/23/08 12/17/08 9/24/08 12/17/08 9/9/07 12/17/08 X X X X X 10/5/07 12/17/08 8/19/08 12/18/08 3/13/08 12/22/08 4/23/08 12/22/08 4/21/08 12/22/08 4/2/08 5/1/08 12/22/08 12/22/08 X X 4/23/08 12/22/08 1/28/08 12/22/08 12/23/08 12/23/08 X Page 12 6/7/2009 Title Insurance Investigations Closed Investigation Summary Report 56577 11/18/08 12/23/08 35 No Violation X Failure to respond. Respondent has failed to reply to a certified letter concerning the recovery fund assessments. Failure to respond. Respondent has failed to reply to a certified letter concerning the recovery fund assessments. Failure to respond. Respondent has failed to reply to a certified letter concerning the recovery fund assessments. Unlicensed Title agency/ Activity/ pending Possible builder kickbacks Possible builder kickbacks Notary revoked and did not inform Licensing division within 30 days. Violation of code 31A-23a-105 / Activity/ Pending Fraudulent loans and flips, Federal Indictment. Brad Kitchen, Precision title case. Activity/ pending X X X X X X X X X X X X X X X X 56578 11/18/08 12/23/08 35 E-case X 56573 56514 55609 55610 55903 11/18/08 12/23/08 11/5/08 12/23/08 3/29/08 12/24/08 3/25/08 12/24/08 6/4/08 12/24/08 35 48 270 274 203 E-case E-case No Violation No Violation E-case X X X X 55350 55482 54983 55166 54731 56075 56363 55167 55227 56014 56034 56164 55938 1/23/08 12/24/08 2/22/08 10/3/07 11/26/07 8/3/07 7/22/08 9/30/08 11/26/07 12/7/07 7/7/08 7/10/08 8/18/08 6/17/08 1/6/09 1/6/09 1/6/09 1/6/09 1/6/09 1/6/09 1/7/09 1/7/09 1/7/09 1/7/09 1/7/09 1/7/09 336 319 461 407 522 168 98 408 397 184 181 142 204 E-case Refered to Fraud Refered to Fraud No violation refered to fraud E-case No Violation No Violation No Violation No violation / refered to DRE refered to MFTF No violation E-case X Fraud and breach of fiduciary duties. Fraud and forgery Conducted a closing without a notary present. The notary signed after the fact. Facilitated fraudulent real estate transactions. Marketing violation / Activity: E-case pending Unfair enducement. Associated with 56075. Marketing without license Conducted a closing without a notary present. The notary signed after the fact. Allegation of not following the lender's instructions Alleged Mortage Fraud Allegation of facilitating MTG fraud, straw buyers Dispursed funds to wrong broker Possible theft of trust account money Activities/ pending Sponsoring Real Estate class and listed on Web site. License not appointed or associated with any title agency Activity / pending Sponsoring Real Estate class and listed on Web site. Activity / pending Rate filing not submitted, flyer received with rate reductions on reconveyance fee and Doc Prep fees Activity / pending Release $100,000 to a company that was not a party to the transaction. They claim it was ordered by the company and the realtor. Unlicensed title agency Giving out passwords to fastweb to their clients 56170 8/19/08 1/13/09 147 E-case X 56169 8/19/08 1/13/09 147 E-case X 56747 12/29/08 1/14/09 16 E-case X 54126 56497 56695 54676 56031 56576 56396 56426 2/13/07 11/3/08 1/15/09 1/20/09 702 78 43 581 202 71 106 105 No Violation No Violation No Violation Refered to Fraud No violation E-case E-case No violation X X X 12/15/08 1/27/09 6/27/07 7/10/08 1/28/09 1/28/09 X X X X X X X 11/18/08 1/28/09 10/14/08 1/28/09 10/15/08 1/28/09 Forgery, false ID Rate Cutting-alleged unfair inducement Failure to respond. Respondent has failed to reply to a certified letter concerning the recovery fund assessments. Activity / pending Discounted filed rates. Activity / pending Failure to release escrow funds 6/7/2009 Page 13 Title Insurance Investigations Closed Investigation Summary Report 56575 56431 56574 56433 56434 56290 56155 56743 56742 56202 56310 56828 56191 11/18/08 1/28/09 10/20/08 1/28/09 11/18/08 1/28/09 10/20/08 1/28/09 10/20/08 1/28/09 9/18/08 8/14/08 12/29/08 12/29/08 8/27/08 9/23/08 1/22/09 8/26/08 1/28/09 1/28/09 2/5/09 2/5/09 2/11/09 2/11/09 2/11/09 2/12/09 71 100 71 100 100 132 167 38 38 168 141 20 170 E-case No violation E-case No violation No violation No Violation E-case E-case E-case No violation E-case No violation No Violation X X X X X X X X X X X X Failure to respond. Respondent has failed to reply to a certified letter concerning the recovery fund assessments. Activity / pending Failure to follow lenders instructions. Failure to respond. Respondent has failed to reply to a certified letter concerning the recovery fund assessments Activity / pending Failure to follow lenders instructions Failure to follow lenders instructions Alleged failure to payoff trust deed during closing Failure to Comply with Order of the Commissioner Activity / pending Unfair inducement, distributing promotional items that are edible / Activities: e-case pending Unfair inducement. Edible products distributed to clients / Activities: pending e-case Will not release escrow funds Cash Split closing / Actions: E-case pending Failure to file escrow rates Changed the HUD1 without the consent or knowlege of the seller. Referal from Licensing, check background of Respondent to see if he should be licensed / Actions: license denial Failure to report the opening of a branch office Advertising in a client sponsored publication Advertising in a client sponsored publication License lapsed / Activity: E-case pending Failure to file forms and rates /Activity: E-case pending Co-sponsorship with client Title officer involved in equity skimming, possible straw buyers Sponsorship of Golf Tournament Misrepersenation/falsification/alteration of documents pertaining to a closing Advertising on a web site with a client Co-Advertising with client Co-advertising with a client (website). Facilitated co-advertising with a title insurance producer and agency. Advertising with a client Closed illegal flip transactions using straw buyers Giving out passwords to fastweb to their clients Advertising with a client Unlicensed title agency advertising rates on there web site. All fifty states 56641 56701 56700 56417 56607 56923 56898 56260 55945 56430 56499 56543 56544 56545 56161 56366 56696 56162 56218 12/2/08 2/19/09 79 70 72 134 28 15 22 182 279 155 141 134 134 134 219 176 100 219 203 E-case Case closed Case closed Case closed E-case E-case Case closed No Violation No Violation No Violation No Violation No violation No Violation No Violation No violation No violation No Violation No violation No Action X X X 12/15/08 2/23/09 12/15/08 2/25/09 10/14/08 2/25/09 1/28/09 2/10/09 2/4/09 9/10/08 6/18/08 2/25/09 2/25/09 2/26/09 3/11/09 3/24/09 X X X X X X X X X X X X X X 10/20/08 3/24/09 11/3/08 3/24/09 11/10/08 3/24/09 11/10/08 3/24/09 11/10/08 3/24/09 8/18/08 9/30/08 8/18/08 9/3/08 3/25/09 3/25/09 3/25/09 3/25/09 12/15/08 3/25/09 Page 14 6/7/2009 Title Insurance Investigations Open and Closed Per Month Report January February March April May June July August September October November December Totals for 2008 January February March April May June July August September October November December Totals for 2009 Opened Closed 7 4 20 26 11 41 19 25 20 7 20 39 26 17 24 21 15 55 14 15 25 17 11 55 212 322 8 31 13 15 4 12 Page 15 6/7/2009 Title Insurance Consumer Complaints Open and Closed Consumer Complaint Summary Report Case # Date Open Date closed Complaint CSA Complainant states his home was not adequately reconveyed after loan closing on purchase that occurred Sept 06. Discovered this when took out home equity loan in Sept 07. He indicates he incurred expense in getting the problem fixed. States title company is no 12/4/2008 longer in business? 56568 11/17/2008 Sandy Page 16 6/7/2009 Title Insurance Consumer Complaints Open and Closed Per Month Report Open June July August September October November December Total 2007 January February March April May June July August September October November December Total 2008 January February March April May June July August September October November December Total for 2009 1 Closed 6 7 1 1 3 5 0 1 0 2 1 0 1 0 15 0 0 0 2 2 0 1 2 2 5 1 1 1 0 3 0 1 17 0 1 0 Page 17 6/7/2009 Title Insurance Enforcement Report E-Case # Date Opened Recommended Action 5/20/08 Stipulation and Order 2174 5/30/08 Informal Action 2183 5/30/08 Informal Action 2192 6/5/09 Informal Action 2198 8/14/08 Stipulation and Order Hearing 2250 10/9/08 Stipulation and Order 2282 11/19/08 Stipulation and Order 2313 11/24/08 Stipulation and Order 2315 12/17/08 Stipulation and Order 2328 12/22/08 Stipulation and Order 2331 12/23/08 Stipulation and Order 2332 12/23/08 Stipulation and Order Prosecutor for drafting Respondent for signature Penalty imposed by commission Prosecutor for drafting Respondent for signature Penalty imposed by commission Prosecutor for drafting Respondent for signature 2335 12/24/08 Stipulation and Order Prosecutor for drafting Penalty imposed by commission Action taken Prosecutor for drafting Respondent for signature Penalty imposed by commission Sent to Respondent Accepted by respondent Sent to Respondent Accepted by respondent Sent to Respondent Accepted by respondent petition for review Sent to Respondent Prosecutor for drafting Permission to ALJ to conduct hearing Scheduled Penalty imposed by Commission Prosecutor for drafting Respondent for signature Penalty imposed by commission Prosecutor for drafting Respondent for signature Penalty imposed by commission Prosecutor for drafting Respondent for signature Penalty imposed by commission Prosecutor for drafting Respondent for signature Penalty imposed by commission Prosecutor for drafting Respondent for signature Penalty imposed by commission Prosecutor for drafting Respondent for signature Penalty imposed by commission Action Date 9/8/08 7/1/08 3/5/09 2/26/09 2/26/09 3/26/09 3/2/09 4/6/09 4/6/09 2333 12/23/08 Stipulation and Order 2334 12/24/08 Stipulation and Order 12/24/08 Stipulation and Order Respondent for signature Penalty imposed by commission 1/13/09 Stipulation and Order Prosecutor for drafting Respondent for signature Penalty imposed by commission 1/13/09 Stipulation and Order Prosecutor for drafting Respondent for signature Penalty imposed by commission Prosecutor for drafting Respondent for signature Penalty imposed by commission Prosecutor for drafting Respondent for signature Penalty imposed by commission Prosecutor for drafting Respondent for signature Penalty imposed by commission Prosecutor for drafting Respondent for signature Penalty imposed by commission Prosecutor for drafting Respondent for signature Penalty imposed by commission 2/25/09 Stipulation and Order Prosecutor for drafting Respondent for signature Penalty imposed by commission Prosecutor for drafting Respondent for signature Penalty imposed by commission 3/2/09 2/9/09 3/17/09 2/18/09 3/19/09 3/31/09 2/9/09 3/17/09 2337 2351 2352 1/14/08 Stipulation and Order 2354 1/29/09 Stipulation and Order 2362 2/5/09 Stipulation and Order 2366 2/5/09 Stipulation and Order 2367 2/24/09 Stipulation and Order 2/24/09 3/24/09 2385 2388 3/2/09 Stipulation and Order 2389 3/5/09