In an effort to handle the claim with Fidelity National Title Insurance Company I wrote dozens of pages of emails, responses to the two appraisals and provided comparable properties and other quantitative data supporting the fact that the value of the lost easement had caused a diminution in value to the property.
Indeed the property had been placed on the market prior to the discovery of the lost ingress/egress easement and in response to the loss of the residential easement leaving just a deeded easement through a commercial and manufacturing property, we dropped the property approximately $750,000 over the course of about 8 months. Even with these large reductions in price the objection to the commercial/manufacturing entrance could not be overcome.
With all of the communication that I sent to the different claims counsels, I could not get an answer to the question, have you read what I wrote? Finally in frustration I turned to an acquaintance to begin taking legal action.
I would never use Fidelity National Title Insurance Company to protect my real estate. A claim was filed with Fidelity for me by their Title Officer for the loss of a mile long easement to 80 acres with views of the famous Napa Valley in California. Fidelity valued the loss at $0 by a Boise Idaho appraiser. After suing Fidelity I was forced to settle for a fraction of the loss. I question whether Fidelity National Title Insurance Company acted in Good Faith in the handling of my claim.
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