Saturday, January 26, 2013

What does Fidelity National Title do to Conduct a Diligent Search?


"In order to determine the status of title, Fidelity National Title conducts a diligent search of the public records for those documents associated with the property. Fidelity National Title then examines those recorded documents in order to determine if there are any rights or claims that may have an impact upon the title to the property." 

Whoever did the "diligent" search on my property actually did not look at the Grant Deed of the previous owner as Parcels Two through Five were not part of that Grant Deed.  If anyone had even bothered to look at what seems to be the most obvious start of a "diligent" search, these parcels would not have been included in my Preliminary Title Report nor my Grant Deed.  

Not only was this missed the first time when the Preliminary Title Report was prepared, I then requested to meet on all of the various easements - and again this error was not discovered.

And then when I refinanced the property and another Preliminary Title Report and Grant Deed were prepared - again with a "diligent" search being done - the error was again not discovered.

So not only was the error not discovered once - but three times.  And with this attempting to find out how Fidelity National Title does a "diligent" search seems not only reasonable but appropriate.  And it definitely seems to me to be relevant to the subject matter.  Oh well.