Thursday, November 1, 2012

Depositions of Fidelity National Title

Although I spent hours and hours preparing all of the documents requested by Fidelity's attorney and was on time to my deposition in Walnut Creek taking an entire afternoon off of work, the same courtesy was not extended to me and my attorney by Fidelity National Title Insurance Company.

First, they requested an additional two weeks to produce the documents.  As my schedule is tight as I have two children to take care of and also have to work, I find this an imposition as I need those two weeks to review the documents.

Then as I mentioned my attorney, a court reporter, a videographer and I all drove to Walnut Creek on Friday morning to depose the officer and Vice President of Fidelity National Title Insurance Company who signed the verification of Fidelity National Title Insurance Company's Verified Answer to Third Amended Complaint.  This deposition was confirmed by my attorney that we were definitely on the calendar of the attorney by his assistant.  But when we arrived it was confirmed the deposition would have to be cancelled.  Between renting a car, the toll fee and lost work time this cancellation cost me over $700.

And it was raised as to whether this individual was knowledgeable to respond to questions about what had occurred.  I find the statement "I am informed and believe an on the ground allege that the matters stated in the foregoing document are true" a little confusing but I think a "d" is missing.  In which case he is stating that he is informed and that the matters in the document are true.

So, for example, when the Answer states, "there was a prescriptive easement from Cavedale Road to the subject property," he is informed and knows this to be true.  I would assume in order for him to be informed and verify that this statement is true, he would need to have knowledge of the case and the property.

But instead a new attorney from Fidelity National Law Group sent this letter today in reference to both this Vice President and the appraiser from Boise Idaho:

So they have written that the person who signed the Verification "lacks information relative to the case."  So he declares under penalty of perjury that he is informed but then per the Senior Trial Counsel he lacks information relative to the case.  I do not understand.

I need to get some work done so I will continue with more things that I do not understand tomorrow.