Saturday, January 19, 2013

So where are all of the original Escrow and Title Documents from Fidelity National Title

So I have gone through all of the documents that were provided to us from Fidelity National Law Group which had documents from the claim's file.  It is difficult to say that the file is complete.  There are references to research - but no substantiating documents.  There are references to phone calls - but no phone logs or notes.  There are references to conversations - but no memorandums of those conversations.

Additionally there are no documents from the original escrow or title search including the title search done prior to the purchase of the property.  There are no documents of the search done by Craig Donner that caused him to open the claim on my behalf.  I would think that if I were a claims counsel investing a claim that all of these documents would be critical to my analysis of the claim and therefore would be included in the claims file.

But I believe the argument by the Fidelity Law Group would be that these files were part of the Fidelity National Title Company and therefore not part of the claim insured by Fidelity National Title Insurance Company.  But then I have to question again the relationship between these two companies.  Why would one company insure the work of another without having access to the documents and why would they also therefore trust them to be accurate.  I personally would not jump off a cliff without at least taking a peek over the edge to see how far was the fall and what was I going to land on.