Tuesday, April 16, 2013

And Another Complaint Against Fidelity National Title

Good Evening -

Another person has contacted me who appears to have not been able to make a successful claim on her title insurance policy from Fidelity National Title Insurance Company.  Now obviously this raises even more questions and also what can one person do against a giant corporation.  Her case seems to raise a lot of questions for me.  Granted I only know what she has written below but many of her statements sound in essence like my own experience.

First obviously is if she provided evidence from a handwriting expert that the signature on the quick claim deed was forged - why was this not accepted?

Or did Fidelity know that the property was in foreclosure?  And if so did they stall until after the foreclosure?

The one thing that I learned in my own case is if they can stall until you no longer own the property than they can use the fact that you know longer own the property - you are no longer insured by them even if you make a claim years before when you still owned the property.

And was Fidelity National Title understanding that English was her second language or did they take advantage of this fact?

On this I am laughing but compassionate as there certainly has been a lot of things which Fidelity's attorneys said that I did not understand - and English is my first language.

I am still thinking of how best to help her as once again we are up against asking the question "Did Fidelity National Title act in good faith?  Or was this a Bad Faith action?"

"Hi Ann, thank you for prompt response. I will try to find Lee vs Fidelity case.
Sorry my English , It is my Second language.
Re my case. In 2006 four people purchased house as  joint tenants : myself , my late husband and our boss with his wife. 

Several days after closing of Escrow Quit claim deed was executed  and transferred the house  from joint tenant names to the company name which one solely owned by our boss and his wife. So I remained be on loan but was not on title. I did not know anything about this Quit claim deed. 
My signature was forged .
In 2009 my husband passed away.
I found out about Quit claim deed and started  lawsuit against  people who defrauded me and my late husband .
I contacted with Fidelity as soon I found out about that I am not co-owner of house anymore.
Our contract with Fidelity says that forgery and fraud are  covered risks .
If somebody pretend to my title even after closing of escrow it is a covered risk.
Our agreement says Fidelity should provide me attorney to protect my rights.

The Fidelity denied my claim by telling I voluntarily signed this Quit claim deed. I send them letters with disagreement. 

The representative of Fidelity stated that they will review my claim in case I provide Handwriting expert confirmation that it is a forgery.
 I hired handwriting experts and sent to Fidelity two handwriting experts 100% opinion that my signature was forged  . 

The Fidelity closed my file by stating that  the Handwriting experts opinion is not enough  for them and even did not wait for judgment. 

I spent huge amount of money in a lawsuit with our boss, his wife and their company . 
House was foreclosed 4 days before trial and trial even did not review the Quit claim deed reverse  issues. No house - no problem. 
Nobody won. Fidelity did not help me  to protect my rights as supposed to do.

I am really disappointed. It is not fair. I am thinking about filing claim against Fidelity but I am not sure so far should I do it or not because I see how unhappy people in struggle  with them. 
Did I understand  correctly that your  contact with Department of insurance was unsuccessful also?

I found out about you your fight with Fidelity  in Google. Can you give me link to your blog please. I would like to be in contact to see how people deal with Fidelity and how we can join and help each other."