I purchased a home on auction.com and paid cash, BY WAY OF WIRED FUNDS in the amount of $ 21,000.00. And further; paid an auction fee to; auction.com in the amount of $ 2,500.00. Thereby wired a total amount of $ 23,500.00 to NATIONSTAR MORTGAGE, LLC, seller.
All the the ads and descriptions on how to buy and what the deal is at auction.com site of how the auction operates is simply and clearly says buyer gets a Quit Claim Deed. And that you purchase the property in, AS IS; WHERE IS. Condition, With no guarantees
Further you accept and agree to be responsible for all debts and liens against the property both governmental in origin and local governments ordinances fines for building violations liens & claims etc.
However our law; The Law Of The Land; provides that an auction sale is a final sale and all parties having claims there under have been deemed to have had their opportunity to be heard or lawfully file there claim before the auction sale.
Further the auction sale was the net result of a lawful foreclosure proceeding. Thereby all parties who ever had a claim against the property are forever foreclosed from making a lawful claim again on this real property and thereby are forever barred from making there claim aka Does Not have a lawful stand ever again;
That Is The Law. Another words anyone or entity other than government (in tax issues) is forever barred from any claim they might have lawfully had is no longer available under any set of circumstances.
OPPOSITION
So you as a buyer knows, IS AWARE AND HAVE SEARCHED FOR INCUMBRABCES AND KNOWS; how much tax is owed and what government liens apply and your purchase is based on that available information that is lawfully listed AND READILY AVAILABLE. And further you know from knowing the law no other incumbrances have a stand
Now knowing this is the law beyond question; I bid on property; with that information and bid accordingly. As this property is to be my home/residence. Further; I also have been residing in the within property for the past three years,
The Auction.com Deal
I win the bid and auction.com says congratulations Joseph Munifo, you win and you will receive a Quit Claim Deed.
It says: winning bid price, $ 21,000.00 auction fee $ 2,500.00 total amount; $ 23,500.00; buyer receives a quit claim deed.
Right after I paid for the withinproperty, in full, for the property; I get a call from; Bay National Title Company 13577 Feather Sound Drive Suite 250 Clearwater FL. 33762 727 449-8733 Fax 815 927-0339
Demanding I pay them a closing cost of $ 1,118.00 which they claim represented the cost of $ 50.00 for the drafting the Quit Claim Deed that I am entitled to, in the first place, and filing charges and stamps another $ 225.00. And for this service an additional $ 850.00
I am told they are an escrow agent and they provide no title insurance nor are they responsible for any thing whatsoever arising out of the sale and purchase of the property. And further they provide no Title
Insurance And further they will file my Quit Claim Deed.
I can file my own deed
I said no thank you I will file and pay for the filing myself, WHO IN THERE RIGHT MIND PAY $ 850.00 TO FILE A DOCUMENT CERTAINLY NOT ME. Respectfully i submit that filing a Quit Claim Deed requires you going to the court house and going to the property clerk and wait to be called in 10 minutes pay in one minute and leave. A ten year old child can do a filing so i as a person with rights under the constitution do not have to be dictated to by an unscrupulous escrow company please send my Quit Claim Deed.
It has been more than 40 days and the Bay National Title Company 13577Feather Sound Drive Suite 250 Clearwater FL. 33762 727 449-8733 Fax 815 927-0339 refuses provide me my Quitclaim Deed as advertised on the auction.com web site where it says; BUYER RECEIVES A QUIT CLAIM DEED.
Respectfully submitted:
Auction.com does not say buyer pays or uses, or is required to use an escrow agent to do anything, and it does not say anything about an escrow agent any where or that an escrow agent will file the property. Nor does it say Buyer must pay an escrow agent
IT further does not say that buyer is in breach of contract if buyer does not pay escrow agent certain fees. Nothing is said in any of the negotiations throughout; about an escrow agent or closing fees. This Bay National Title Company 13577 Feather Sound Drive Suite 250 Clearwater FL. 33762 727 449-8733 Fax 815 927-0339
Comes out of the woodwork after all is said and done and claims under a provision of the contract of sale where it provides that buyer is responsible for all claims and liens cost and all cost associated with the purchase. Based on that provision is where this unscrupulous company hangs their hat aka having a stand. That is streching that provision beyond a realistic and prudent standing
Argument
The said provision provides for the outside claims mentioned herein that are lawfully barred accept for taxes and government liens as all other claims can have no claim of any lawful standing under the law governing foreclosures and auction sales there from.
I am being extorted by way of constructive and intentional fraud by way of fabrication and the errors in omissions etc poor to unlawful business practices.
I was threatened by Bay Title Company that I will be charged with breach of contract if I don’t pay the Bay National Title Company 13577Feather Sound Drive Suite 250 Clearwater FL. 33762 727 449-8733 Fax 815 927-0339 $ 1,118.00.
As a result an unlawful Court action filed in the 6th circuit court pasco county fla. Against me for writ of possession the leads to an eviction from a property I paid for in full with certified proof.
OFFER OF PERFORMANCE
I duly sent this Title Company an offer of performance, meaning i will pay upon proof of debt. Under the law of the land they had an obligation to reject the offer before 30 days or accept and prove the debt, The Bay Title Company did neither and under State Law they are forever barred, respectfully submitted.
Please help
Joseph Munifo
(Personal Information Removed)
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