Friday, November 2, 2012

More Affirmative Defenses of Fidelity National Title Insurance Company

Continued...............

"Defendant [FNTIC] is informed and believes and thereupon allege that if any wrongful conduct was engaged in by other defendants or third parties, that Plaintiff [me] directly or indirectly acted in concert with other defendants or third parties or knowingly ratified or approved such conduct, and are therefore precluded from any recovery under the doctrine in parti delicto."

  • Well I do not even know what questions to ask on this one.  I acted in concert??????
  • With whom?  Knowingly ratified?  What?
  • In parti delicto??  Per Wikipedia,  "The phrase means, in essence, that since both parties are equally at fault, the court will not involve itself in resolving one side's claim over the other, and whoever possesses whatever is in dispute may continue to do so in the absence of a superior claim." 
  • As I just looked that up - what two parties?????
"Defendant [FNTIC] is informed and believes and thereupon allege that Plaintiff [me] is guilty of unclean hands with regard to the matter set forth in the TAC."
  • Well I admit I have absolutely no idea what unclean hands is - that is in the legal term - or are they talking about when I am gardening or petting the St. Bernard or cleaning the bathroom?????
  • Unclean hands??  Per Wikipedia, "Unclean hands, sometimes called the clean hands doctrine or the dirty hands doctrine, is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy on account of the fact that the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint—that is, with "unclean hands".
  • I do not think I have been acting unethically.  The claim was opened by a title officer on my behalf.  I did not prepare the Preliminary Title Report nor the Grant Deed.
  • I just do not even know what to say or ask.
"Defendant [FNTIC] is informed and believes and thereupon allege that Plaintiff [me] did not rely on any act 
or omission of Defendant [FNTIC]."

From www.fntic.com:
  • Fidelity employees are committed to providing our customers with a level of satisfaction that is unparalleled in the title insurance industry. Based on our experience and expertise, we are confident that you'll appreciate the Fidelity Difference.
  • At Fidelity, commitment is not just a word--it's a conviction. We take pride in our desire to serve our customers to the best of our ability.
  • Title insurance is a unique form of insurance. It provides coverage for future claims or future losses due to title defects which are created by some past event (i.e., event prior to the acquisition of the property.)
  • The title search may reveal the existence of recorded defects, liens or encumbrances upon the title such as unpaid taxes, unsatisfied mortgages, judgments and tax liens against the current or past owners, easements, restrictions and court actions. These recorded defects, liens and encumbrances are reported to you prior to your purchase of the property. Once reported, these matters can be accepted, resolved or extinguished prior to the closing of the transaction. In addition, you are protected against any recorded defects, liens or encumbrances upon the title that are unreported to you and which are within the coverage of the particular policy issued in the transaction. This is the first benefit you receive from title insurance.

    "Rely On Fidelity National Title To Protect Your Investment"


    To be continued...............................