Saturday, October 27, 2012

From Walnut Creek, California to Chicago, Illinois offices of Fidelity National Title Insurance Company

Skip forward to early 2008 and four years of mortgage payments, my life had changed and I needed to sell the property.  The property was listed for sale in June 2008 and the neighbors whose property the easement crossed were contacted.  One neighbor who had purchased their property less than a year before questioned my right to cross their property.  Months later it was verified by a title officer with Fidelity National Title Insurance Company that the easement shown as Parcels Two, Three, Four and Five in my Grant Deed did not extend across the parcel and he opened a claim with Fidelity National Title Insurance Company on my behalf.

At the end of October 2008 the claim was assigned to the Walnut Creek, California office and I discussed with the claim officer the two options of either obtaining the lost easement through purchase or compensating me for the loss of the easement.

In mid-November 2008, the claim was re-assigned to the Midwest Claims Center in Chicago, Illinois.  The second Claims Counsel wrote at the end of December, "I have completed my investigation of your claim of loss resulting from a secondary easement insured by the Policy of Insurance as Parcels 2 through 5 of Schedule A but which was, in fact, not owned by the seller and was therefore not properly conveyed to you at the time of your purchase of the property in question.  Consequently,coverage is appropriate as defined by the terms and conditions of CTLA Standard Coverage Policy of Title Insurance".