Sunday, December 9, 2012

The Easement is Valid - But Fidelity National Title Never Told Me

So as I delved into the documents that Fidelity provided - the most shocking thing which I discovered was that because of the Third Claims Counsel's inquiry - it was determined a year after it was lost - that the easement might actually be valid.

In the Policy Payment Approval Report dated June 26, 2009:


And then by the time the property has proven to be unmarketable without the easement:


So according to this - even though the loss of the easement for almost a year had affected the marketability of the property tremendously, the Third Claims Counsel appears to be preparing a defense that there was actually no loss and the property is as insured.

And on June 30, 2009 from a Fidelity employee to the Third Claims Counsel:


At this same time as we had dropped the price of the property dramatically without getting even the slightest offer, I allowed the property to be foreclosed on.