Friday, May 6, 2016

Fidelity Tries to get Seller to Pay a Claim Made by Their Client 12 years later??????

Hello Ann,
I found your name on a blog about Fidelity National Title Insurance. I recently received a certified letter from Fidelity National Title Group stating that a they settled a claim with a person (their client) who bought a house from me over 12 years ago and they are demanding that I pay the settlement of $28,425.00 they made with their client. They claim that upon investigation of the claim it was determined that a neighbor had valid ownership over a disputed part of the property. I purchased this row home in Philadelphia in 2002 from a prior owner, rented the home for two years, and sold the home to Fidelity's client. There was never any property dispute when I owned the home for 2 years and everything I did when I bought the home and sold the home was legitimate through mortgage and title companies. All the proper title searches were done etc... So essentially it looks like they settled a claim and are looking for someone else to pay the bill so they sought out the prior owner, Me. This is  100+ year old home in Philadelphia so who knows when this small discrepancy over property lines started. Fidelity is accusing me of "conveying a property I did not own" and "Demanding" I indemnify them for all costs associated with resolving the title insurance claim, $28,425.00. I am shocked and appalled. I didn't even think something like this was possible. Is title insurance supposed to cover home owners from this sort of thing? How does Fidelity have any legal leg to stand on in trying to have me pay for a claim the settled with their client? It seems crazy to me. I think the figure they have more money for lawyers than I do, which is true. Any thoughts on how to proceed? Best, D
from AZ
I am merely what I consider to be another victim of Fidelity's unethical practices so I have no real advice as to how to proceed especially since I am not an attorney.

It does seem to me though that as the Seller if the Buyer was going to go after you it would have been at the same time and it would be for the reason that you knew this fact and did not disclose it.  If indeed you had no idea and purchased the property yourself not knowing then I do not see where the responsibility to insure the property is yours.

I have never heard (and a lot of people write to me with their problems as if I am an advocate attorney) of anything like this where they are coming after you for their insurance claim.  I did not think this was possible either and it could be there are just trying an end run.  I do not know but I think it is possible that Fidelity as a company might try this.

If indeed you had no knowledge of this problem I would just either ignore their "demand" or write them a simple sentence telling them that you have absolutely no knowledge of the dispute that they are talking about and that it is between them and their client as you were not a party to that title insurance contract or, obviously, hire a real estate attorney but that will be very expensive.

Thank Ann I appreciate the guidance!
As he stated perhaps Fidelity has more money for lawyers than he does????  I do not know.  Has anyone else heard of a situation like this one?

Saturday, December 5, 2015

From a former Claims Counsel Fidelity National Title Insurance Company

Good morning,
I just stumbled onto your blog.  I used to work at this crap hole.  
95% of the claims attorneys are trying to do the right thing, but road blocks are put in their path at every turn.  It appears, from my experience, that the minute the attorney figures out how to do the job and jump through the hoops effectively, or grows a spine they are terminated. 
I'm so sick of trying to explain my termination in 'nice' terms (don't bad mouth a past employer to a potential employer) when the truth is I was terminated because I was making more than the first year grads and told my manager he was wrong and I wasn't going to do what I was told. The minute I started doing my job instead of doing what I was told my days were numbered.  And I can't say anything about it because it's 'sour grapes' due to the fact I was fired. 
Don't really have a point to my email, other than commiseration. 
My response: 
I agree with you as every claims attorney I spoke to at the beginning (like the Title Officer who opened the claim) thought that Fidelity had made an error that was costly for me.  Unfortunately as the claim was processed it became apparent that they were going to need to pay me a lot of money so from that point forward everything was done to lessen the credibility of my claim.
So yes, I believe that 95% at least started their employment with good intentions.
It is unfortunate that it appears that the conflict between representing the client and their insurance needs rather than the bottom line of the company becomes in my opinion a loss for the client.

Tuesday, October 27, 2015

Did Fidelity Fail to Live Up to the Terms of the Contract?

I recently read an article of someone who was found guilty of liable for accusing a company of criminal wrong doing by using terms such as "scam", "con-artist" and "robs".

I believe I have carefully avoided accusing Fidelity National Title Insurance Company of criminal wrong doing.  As a matter of fact considering the level of legal training of the Claims Counsels (all appear to be lawyers) it is highly unlikely that they are doing something against the law.

But does this make what they are doing ethical?  If by insuring a property contractually and then failing to live up to the terms of the contract and using every power within their legal and financial means which appear to be substantial they force one (here speaking for myself) to actually sue them when they do fail to live up to the terms of the contract and then wear one down trying to collect on the insurance - is this acting in good faith and ethically.

I personally think not and this is the reason I began and continue to write this blog.  Indeed Buyer Beware.  My experience is that Fidelity does not live up to the terms of their own contract and the consumer is the only one that loses.

Sunday, August 30, 2015

Why am I doing this?

Years have now passed since I was involved in my disastrous claim with Fidelity National Title Insurance Company so even I am asking why do I continue to work on this blog.

Being involved in a claim with Fidelity National Title is in my opinion a route to disappointment and being treated like the enemy rather than the person insured - at least this was my experience.  And I continue to hear from individuals who feel the same way.

Even though I was the insured and the claim was opened by Fidelity on my behalf as soon as it became apparent that the error was completely theirs and the settlement would be substantial the claim was denied and I became the enemy rather than the insured.

I did prevail and got a meager settlement after I gave up the fight.  Two years of the equivalent of working full time not to mention investing thousands of dollars as a single mom needing to support my children being confronted with many more years and thousands of dollars needing to be invested (in deposing at very high rates their employees in Nebraska, the appraiser in Idaho and the local California "expert" witness at $500 an hour) or settle for approximately 10% of the loss which after paying the attorney and all of the expenses (not to mention my time which was thousands of hours) I was in my opinion literally forced to settle.


Although since I have started this blog I have been told by others that they did get a better settlement than originally offered but had to agree to not discuss it (and two implied specifically not with me).

I recently sold my home and I took the tiny stand refusing to have the escrow handled by Fidelity.

So why do I continue to write this blog?  To warn people that insuring your property with Fidelity National Title Insurance Company that this is only to benefit the bottom line of their stockholders and may not (likely not in my opinion) insure your property in the event their is a title problem - especially if it involves an error made by Fidelity in their work.

Friday, August 28, 2015

Facebook page Complaints against Fidelity National Title Group

I will be documenting my story about this company. I urge others to read this. My goal is to inform the public and state law makers of how this company treats its policyholders when theres a claim. Stand by for the story.

Ann, I don't remember where we were in terms of correspondence but finally after seven years I've made significant progress. I believe what turned things in my favor was that after numerous complaints to the New York State Department of Financial Services (NYSDFS) they called a meeting in NYC and Fidelity was represented by two attorneys and I represented myself? The purpose was to address my numerous complaints in person. subsequent to the meeting, Fidelity withdrew the OSC to withdraw they attorneys and allowed me to select my own attorney ( which they agreed to pay). My new attorney prepared and established a trial date which none of the previous Fidelity appointed attorneys seemed to be able to do( or in my opinion did not want to do). As the court date came closer we managed to reach an equitable settlement ... Actually the settlement was reach in front of the trial judge as the case was about to start.

·         Tuesday

8/25, 6:18pm

Ann, after 8+ years my case was settled. However, I had to hire my own attorney, (the second one) which got my case on the court calendar for trial. On the first day of trial (which both my attorney and I were sure we were going to win, a settlement was reached ... In short, my title and survey were agreed were correct, my property returned, and I received a financial settlement. In my opinion, the keys to my success were my attorney (who was honest and competent), the fact that my formal complaints and subsequent meeting with the NYSDFS ( the Insurance Department ... Who chaired a meeting with myself and Fidelity attorneys at their offices) and the fact that we started the trial of the case before a judge.

8/25, 6:18pm

Good luck with your efforts

8/25, 6:39pm

Wow - finally a success story. I wish I had been able to financially hold out for 8 years and have some satisfaction but alas my great satisfaction is by blog and I will enter all of this if not tonight tomorrow.

My own success ended up financially a disaster but I feel I have some compensation by now having reached over 25,000 people and have been able to help numerous people with their actions against Fidelity National Title.

I even heard that one person was able to settle but part of the agreement was to not communicate with me so that I would not be able to blog about it!!!

I am so thrilled to hear your news!



Sunday, August 16, 2015

25,000 Visitors

Twenty-five thousand people have now read posts on my blog!!

My hope is that it has helped many in their own claims against Fidelity National Title Insurance Company get fair treatment and their claims handled in good faith.

And hopefully it may have had others who are looking for title insurance to consider insuring with someone other than Fidelity National Title Insurance Company.

Many thanks to my thousands of readers.

Saturday, March 14, 2015

For Unmarketable Void Property Title - Contact Fidelity National Title David Saag

Truth in advertising??  I swear I did not make up this photo/flyer.  It was sent to me by one of my readers but obviously I am not the only person who has been affected by Fidelity National Title Insurance Company not insuring their property.

I did lose my property to foreclosure when I was not able to sell the property for even the value of the loan (which was $125,000 less than what I bought if for). I, too, wonder how many others have lost their property to foreclosure after a title error?  And to my knowledge the bank was not paid on their loss although I doubt they made a claim on the title insurance policy.  But here is the email and the flyer.  I am thinking I should send it to David Saag!!
Hello Ann,

I am still following your blog.  Thank you for attempting to help people.  So many citizens continue to be the victims of title insurance flaws on their property.  I wonder how many people have lost their homes to foreclosure when the property they thought they owned had title errors?  Do the banks get paid on their title insurance claims for foreclosed properties with bad titles?   I wonder.   Though this flyer I came across might be of some interest to you.

I do not know the author of this terrific flyer - but thank you!!!