Saturday, February 11, 2006

Title Company allowed forged documents (Affidavit)

AFFIDAVIT

Heather Jean Mickelson, being first duly sworn and under oath do swear and say that:

“My name is Heather Jean Mickelson. I am 27 years of age, of sound mind, and have never been convicted of a felony.

“I owned a home in the Tremont Tower Condominiums at 3311 Yupon Street, #410, Houston, Texas 77006. I closed on the home on July 30, 2004 at the Texas American Title Company, 3633 Allen Parkway, Suite 200, Houston, Texas 77019. At that time I received what I thought was a complete set of the closing documents.

“In November, 2005, at the request of my attorney, I requested a complete copy of my file from Texas American Title Company. The attorney particularly wanted to see the document which had been blank at the time of closing that authorized a commission of $9,200 to be paid to Wilshire Consulting, even though I had not used a broker or a real estate agent. When I gave the person at the title company the address of the house, she immediately said that it was an oddity and it would take 2-5 days to retrieve the file and she would call me back when they found it.

“One week later I called the title company back and was told that they couldn’t find the file and that it may have been put in storage. From then through the end of December, I called every two weeks checking on the search for the file.

“On February 6, 2006, the title company called to say that the file was officially misplaced and that they could only supply documents that had been filed as public record, or about 44 pages.

“On February 8, 2006, the title company called to say that they had found the file and would send it by Federal Express.

“On February 9, 2006, I received the documents. I noticed that there were 2 pages with apparently forged signatures and that the HUD statement was different from the one I had received at closing. The difference was, instead of $9,200 going to Wilshire Consulting, the document now read $17,728.09. Also missing was the Uniform Mortgage Application.

“On February 10, 2006, I notified the title company by facsimile of my belief that there were altered and missing documents. I gave them one week to respond or I would seek legal action. I received fax confirmation from the title company that they had received my fax.”

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