Friday, November 2, 2012

Affirmative Defenses of Fidelity National Title Insurance Company

So back to the Fidelity National Title Insurance Company's Verified Answer to Third Amended Complaint.

"Defendant [FNTIC] is informed and believes and thereupon allege that Plaintiff [me] had knowledge of and assumed the risks incident to the matters set forth in the TAC.  The damages alleged by Plaintiff [me], if any, were caused by or arose out of such risks."

  • I feel that I questioned via the title officer to produce the public records of all easements namely Parcels Two thru Six and after that point I relied on Fidelity National Title Insurance Company to protect my real estate interests.  Although there is always risks I felt that by purchasing title insurance I was given protection.
"Defendant [FNTIC] is informed and believes and thereupon allege that Plaintiff [me] is guilty of negligence which contributed to her alleged damages, if any."
  • Negligence is the failure to use reasonable care.  Prior to purchasing the property I met with title and received documents of all of the public records and a map with the parcel easements shown on it.  I did not prepare the Preliminary Title Report nor the Grant Deed both that described the Parcels.
  • How was I negligent?
"Defendant [FNTIC] is informed and believes and thereupon allege that the damages suffered by Plaintiff [me], if any, were proximately caused or contributed to by the acts or omissions of other defendants and third parties and not by any wrongful conduct of Defendant [FNTIC]."
  • By whom?
  • The only thing I can think of is the Preliminary Title Report and the Grant Deed prepared by Fidelity National Title Company and affiliate of the Defendant [FNTIC].  My understanding was that the Preliminary Title Report constituted a statement of the terms and conditions upon which Fidelity National Title Insurance Company was willing to issue its title policy.
  • And the Grant Deed also prepared by Fidelity National Title Company was the recorded document prepared prior but recorded at the close of escrow that described the property and described what was agreed upon to be insured.
  • At least this is what I thought.
To be continued.....................