Wednesday, January 16, 2013

Waiting to hear from William P. Foley II

I do not know if Mr. Foley (or most likely an assistant) will even read or respond to the letter I wrote - but I feel a certain sense of satisfaction having sent it and expressing my feelings.

In the meantime - the last legal part of the lawsuit was requesting documents from Fidelity National Title.  They were late in responding - I did not receive the thousands of pages until the Monday night before the Thursday morning Settlement Conference.  And obviously many of them were repetitive as email responses can repeat the preceding emails dozens of times.  I spent days pouring over these documents searching for clues and I am certain I did not find them all.

Along with the documents, Fidelity National Title accidentally sent a draft version of their response before sending the final version.  There were very few changes - including not seeing an incomplete sentence that remained in the final version (I guess proof reading this document was not a high priority) - and it also seemed to me that many of their responses were an effort to avoid answering the request - but then I am not a lawyer.

What I did do is the following:

  1. Cut and paste every response made by Fidelity National Title to the original request - this was the only way I could make sense of it.
  2. Carefully read through each Request from my attorney and the Response from Fidelity National Title - most of their responses were repetitive - and did not really address the request but then again - I am not an attorney.
  3. I took some of the most relevant items that were either confusing or I felt were not addressing the request or I felt were trying to not send information - and I made jpegs of those - so that I can post them on this blog and comment on them.
Needless to say all of this took hours but at least for me it was very helpful in understanding - or not understanding - the process.

And there were also many things that I found interesting.  First, in every risk management course I have ever taken - Risk Management 101 is keeping a detailed calendar and phone log of every conversation.  I found it very interesting that not one of the employees of Fidelity National Title apparently did this even though a majority of them were attorneys.  I thought this was one of the first things they taught people in law school.  Or I cannot help but wonder if they do keep a calendar and phone log - why did they not send them?  In emails they mentioned phone and other conversations - but there were no logs of what was actually said in those conversations.  And I had a few phone conversations with various employees - and there were no records of those phone conversations either.  I guess I find this either strange and/or unprofessional.  

And now and in the future - I am just going to say Fidelity National Title who worked for which division was and is confusing.  As you will see, even though Fidelity National Title Insurance Company turned to Fidelity National Title Company to research the easements - if a title question (which is really what the entire claim is about) is asked - those documents are not produced as Fidelity National Title Insurance Company is not a title company.  So documents like all of the original title and escrow documents are not included.  But isn't it the basis of those documents that my title was insured on?

The further I delve into the workings of Fidelity National Financial, Fidelity National Title Company, Fidelity National Title Insurance Company and Fidelity National Law Group - the more questions I have.

So later today or tomorrow I will start to post some of the Requests and Responses and I will comment on my confusions and/or what I had hoped to find out.