Relationship between resale broker & title company

saintstickets

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Maybe some of the more experienced DVC buyers/sellers through resale can answer this question - what is the relationship, if any, between the resale brokers and the title company they use to process the closing? My reason for asking is that I have had little problems with the broker but not so with the title company. We have made 3 resale purchases - Nov09, Mar10 & Mar11. We have used Fidelity for the last two and another broker (Not TTS or DVC by Resale) for the first purchase. It wasn't a matter of preference for a specific broker as it was which one had the contract we wanted.

On the first purchase, Timeshare Title & More was the title company and it took them 30 days from passing ROFR to sending closing docs to Disney to be entered in the system. Too long for that process IMO but no other problems.

On the 2nd purchase, First American Title was the title company. I had not received the closing docs after I was told our offer passed ROFR so I called the broker. Through several phone calls and emails, I found out the title company had not only sent the closing docs to us via snail mail instead of email, but they sent them to an incorrect address. I was not too pleased and nicely let it be known. The title company then expedited the closing and it took only 12 days from passing ROFR to sending closing docs to Disney. I found out later that they still used the incorrect address to record the deed so they had to go back in later and file a corrected deed.

We are on our 3rd purchase and Timeshare Title & More is the title company that Fidelity uses now. I know they are swamped with the large amount of resale transactions recently but it has now been 37 days since passing ROFR and the closing docs have still not been submitted to Disney. The latest problem is that when TT&M received the closing docs from the seller, they did not check them at that time to make sure all was correct. When TT&M finally started the process to close and record the deed, they noticed that the seller had not gotten two separate witnesses on their docs so they had to resubmit them to the sellers to be processed again. :sad2:

My guess is that once the broker hands it off the the title company, the broker is out of the picture for the most part but one would think the broker would have a vested interest in insuring the process went smoothly and to the buyer/seller's satisfaction. Can you as a buyer or seller request a specific title company or is there a contract between the broker and the title company? Have others had these same type problems with the title company or has my uncle Murphy (of Murphy's law fame) stepped in and "helped" out on my purchases? I know that on our next purchase, if we cannot specify a title company, then it will influence which broker I go through. Any thoughts, ideas or comments fellow DISboarders?
 
If someone from TTS is online, they can tell you exactly, but based on conversations with my broker, it does seem as if the brokers play some role after ROFR, but not nearly as much as in the beginning.

We purchased 4 contracts through Fidelity, and had no trouble. We are using a different broker now on 2 sales and 3 purchases, and I can tell you, this 3/20 deadline has rocked their world. The broker has been fabulous, but the title company took almost 30 days to get the closing documents to us. In fact, I just sent them back this week, and we passed ROFR on all 5 contracts 3/21 - 3/28.

I, too, am worried that all is in order with our paperwork, as we had to sign and notarize so many documents. I really need the contracts to close soon, as we want to make reservations ASAP. If they wait to review and we have to submit revisions, this could drag on forever. Throw in there that the comptroller's involved, as well as Disney, and it shows how many places it can break. :eek:
 
i bought in nov 2010 and in feb 2011 and I requested to use a certain closing agent and everything went well. Both brokers (dif't broker for each purchase) had no problem using someone other than their "regular" closing agent.
 
I agree BillB. I just finished with Timeshare Title and More. They are very slow. I had some other issues with them besides speed. I called there last week, and emailed the resale broker to let them know how the process has gone.

The broker called back within hours. He apologized for them, and said he rarely runs into issues with them. He noted there has been a 400% increase in closing since the 3/20 deadline announcement, and even he as a broker has been asked not to call in to check on the status of things because they are so busy.

I can understand that there are more contracts to close, but wouldn't that make you happy that there is so much work? Heck, I'd be thrilled if business was so darn good that I had to work extra just to keep up. I certainly wouldn't be rolling along at a snail's pace and whining about how much work there was. Anyway, they are slow, and hopefully you will be finished soon.

My contract closed nearly a week after the contracted closing date. What can we do though, this is just how the process is at this time I guess. I wish this wasn't my first time buying resale, because I'm sure i isn't always like this, and I would have liked to have had an overall positive experience. At least it is finished now, and I am on to waiting for my name to appear in Disney's computers. I suppose at the end of the day I saved some $$, and will end up enjoying my points like everyone else. I completely understand your frustration though because I have just finished dealing with it myself. Hang in there.
 

I contacted them last week around Wednesday regarding when we would close as it was coming up on 7 days since docs signed and $$ sent. They emailed back really quickly and stated it would be the following week. Today, I looked on the FL comptroller site and our deed is already listed as of the 28th. No email or call from TTM stating we had closed though.
 
I would guess that the broker picks the closing company and has a financial relationship with them. The closing company picks the title insurer and they have a financial relationship with them.

:earsboy: Bill
 
OMG! This is not what I wanted to hear. Fidelity and a slow closing agent do not need to be together. I am not looking forward to waiting this out. I hope when we go on our next Disney trip it is super magical after all this waiting!
 
Can you as a buyer or seller request a specific title company or is there a contract between the broker and the title company?

With The Timeshare Store, Inc.® you can request a specific title company as the buyer or seller (of course, we have yet to have buyer and seller disagree on which title company to use).

At The Timeshare Store, Inc.® we typically use Magic Vacation Title, Timeshare Title and More and some other companies in South Carolina or Las Vegas if financing a property in Hilton Head or California through Timeshare Lending.

I hope that helps.

Jason
 
I would guess that the broker picks the closing company and has a financial relationship with them. The closing company picks the title insurer and they have a financial relationship with them.

:earsboy: Bill

The Real Estate Settlement Procedures Act (RESPA) bans the giving or accepting of a fee, kickback, or any thing of value in exchange for referrals of settlement service business under an agreement, or understanding, whether in writing, oral or otherwise.

Jason
 
With The Timeshare Store, Inc.® you can request a specific title company as the buyer or seller (of course, we have yet to have buyer and seller disagree on which title company to use).

At The Timeshare Store, Inc.® we typically use Magic Vacation Title, Timeshare Title and More and some other companies in South Carolina or Las Vegas if financing a property in Hilton Head or California through Timeshare Lending.

I hope that helps.

Jason

The Real Estate Settlement Procedures Act (RESPA) bans the giving or accepting of a fee, kickback, or any thing of value in exchange for referrals of settlement service business under an agreement, or understanding, whether in writing, oral or otherwise.

Jason

Thanks for the info Jason. I sure wish I could've used TTS. By the time I received your emails and called about a contract, someone had already beat me to it. :sad2: Maybe next time 'cause I'm SURE there will be a next time! :lmao:
 



















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