More Support for the Lawsuits Against Fidelity National Title

Sent: ‎April‎ ‎22‎, ‎2013 ‎8‎:‎50‎ ‎AM
To: annzollinger@gmail.com
Subject: Re: Fidelity Title

 

Hi, Ann!

Wow!  This is really great stuff.  Just more proof that Fidelity's MO is to Deny, Delay & Distort.
Even though these cases are not all in California, I feel, when the time is right and we have more of these types of examples to use... we can submit these incidents to the CA DOI as further proof of Fidelity acting in bad faith, with their Insureds.

Ultimately, it would be nice to find a law firm who would be willing to file a class-action lawsuit (on a contingent basis) and go after these crooks.    The more of these examples we are able to obtain and the more witness we have, the stronger our case will be.

Sorry I've been rather silent lately, but I'm in the middle of fighting another matter with my creepy neighbor that has consumed much of my time. 

In the meantime....let’s all try to keep this train rolling forward!!!

Regards,
G.

 

Starting to get a Larger Group of Individuals Who Feel that They were not insured by Fidelity National Title

As people contact me - I am writing about as much as I can without jeopardizing an ongoing case or claim:

I have only had one conversation with him.  And I do not know any of the details but they have been thru XXXX claims counsels - similar to my claim and also since 20XX.  They have like you spent mega bucks even going to Omaha to depose one of the counsels.  Fidelity keeps throwing people at them that “know nothing.”  They are going for documents and he noticed some of the vignettes I had posted of documents that appear to be part of the processing that he has not been given.  As with the documents they produced for me - they seem to keep nothing and know nothing about the claims.  No phone logs.  No written documents - or they claim confidentiality.

 As your case is slightly different in that you were just trying to get them to represent you (which is the same as with XXXX) if you have any “confidential” or “working type” documents that might show that Fidelity has working documents that they are withholding - those might help XXXXXXXX.  He is looking for internal Fidelity type docs that he can hold up to them and say “where is this document as it relays to my case !!!”

The one thing that I am certain of is that there are more people out there who are in the process of not being “insured” by Fidelity and the more exposure we can get the better the chance we have of finding those individuals and exposing what Fidelity actually does and does not do and the better the chance that they will have to fly right and actually insure people’s interest in their real property as they state on their website.

 az

 Sent from Windows Mail

From: XXXXXXXX
Sent: ‎April‎ ‎21‎, ‎2013 ‎3‎:‎15‎ ‎PM
To: <annzollinger@gmail.com>
CC: XXXXXXXXXXXXXX
Subject: Re: Fidelity Title

I'm from XXXXXXX too!

Good luck on your case.  Can't Waite to hear how it goes.  Fidelity never pays, unless a court orders them.

 Did they file first?

Sent from my iPad

 

Please Read this New Blog Reviewing Fidelity National

Another individual who was insured by Fidelity National Title Insurance Company is sharing his experience on his blog.  In order to give him more exposure I am going to copy some of his materials here but the blog is http://fidelitytitlereviews.com:

"Fidelity National Title Denies Claim, Sues Home Owner, Judge Orders Fidelity to Pay Up

Published on: April 21, 2013 Author: admin Leave a comment

Home owners Troy and Susan McCassland purchased two lots a year a part from two different sellers in Kihei, Maui, Hawaii.   Fidelity Title insured both purchases.  In Nov of 2011 the county of Maui informed the home owner that their two lots were actually one big lot and had been combined in 1987.  The owners would be required to spend millions of dollars to subdivide the lots.

The owners filed a claim with Fidelity National Title.  Fidelity responded by denying the claim and suing the home owners for declaratory relief.   The home owners spent $60,000 in legal fees to defend their right to use a service they paid thousands of dollars for.  On Monday April 8th, 2013 a Honolulu Judge ruled in favor the insured ordering Fidelity to provide coverage.

Fidelity, grasping at straws, argued the claim was exempt from coverage because it fell in the policy exclusions.  They argued the lot consolidation was not in public records, did not impact marketability of title, and was the result of a government action.

The lot consolidation was filed in Public records maintained by the Dept of Public Works.  Fidelity acknowledged this but choose to define public records as those maintained by the Bureau of Conveniences, the only public records source they check.    They argued the claim didn’t impact marketability of title because the owners could still sell both lots.  All three of these arguments barely pass the laugh test, and courts agreed.

Not in public records – A letter from David Goode, Director of Public Works, stated the consolidation was filed in 1987 in his department which maintains public records, and is routinely searched by title companies.  Fidelity chose to ignore this evidence, deny the claim and file a law suit.

Marketability of Title – Everyone knows you can’s sell a lot that doesn’t exist.

Result of Government Action - This exclusion would normally include condemnation or some other form of government action.  The lot was consolidated by the owner in 1987, not by the county of Maui.

Fidelity’s  thinking goes something like this: We can spend $1,000,000 to pay this claim or we can take our chances in court, and hope the insured doesn’t have the money to defend a lawsuit. It costs $50,000 to go to court and if we lose it only costs us $1,000,000 plus our attorney fee and their attorney fees = $1,100,000. If this strategy works 9 times out of ten we’re still ahead of the game. They figure their maximum exposure is the policy limits so why not gamble.

Justice prevailed.  The Honolulu Judge ordered Fidelity to provide coverage.

Usually in these types of case Judges hear oral arguments, review the pleadings and make a ruling weeks or months later after careful deliberation.  In this case, an obvious no-brainer, the Judge ruled from the bench right then and there.  At the beginning of the trial he asked “who wants to go first?” Fidelity went first and said we think our pleadings speak for themselves and you should rule in our favor.  The Judge asked a couple of questions and then it was the insured’s turn to go.  Attorney Alan Van Etten argued eloquently for 10 minutes before the Judge said, “I have heard enough, you may sit down counselor – I”m ready to rule.”  The Judge went on for 5 minutes admonishing Fidelity, ruling they must provide coverage.  He was prepared to rule before even hearing the oral arguments."

 

And Yet Another Claim Against Fidelity National Title

I heard from another individual today -  a phone call this time.

This individual has had a similar experience to mine with fighting Fidelity National Title to get them to honor their claim including multiple claims counsels and filing having to file a long and costly lawsuit.  Fortunately though unlike myself they have the funds to fight for what they feel is right against a huge corporation.  They are basically going to win or go down fighting.

Needless to say I cannot discuss specifics of their case like a couple of others as it might jeopardize their cases.  But I am going to be providing them with some of the more interesting documents that I received from Fidelity National Title that might help their case.  And I have offered to make myself available to assist them in any way possible.

It is important to me that even if I cannot afford to prove in court that Fidelity National Title did not honor my insurance policy - I can at least help others who can afford to fight the fight - hopefully win their cases.

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."

From a Fidelity National Title Employee

"Fidelity National Title Employee Review

“An unorganized nightmare of a claims center which results in constant fear for your job”

 Former Claims Counsel in Omaha, NE – Reviewed Mar 14, 2013

 

Pros – I had an opportunity to meet a lot of attorneys that were from different areas in the country. The majority of collegues that were not management were friendly and helpful.

Cons – The claims center is run on a culture of fear. Management fails to be transparent in how an attorney or an assistant's performance is measured. Instead, there are constant firings and layoffs without explanation. They appear to be random. People would have only positive reviews and then told during the termination meeting that suddenly they were not performing at the required level but without further explanation of what performance matrix they were not meeting. Further, management sends out the vibe that if you ask about the lay off or seen talking about that you will lose your job.
 
Promotions are also at random without transparency. People are just selected for a higher position without that position being announced as available or an opportunity to apply for it. Instead, it appears that current management picks their current favorites to fill the roles based on friendship and not work performance.
 
Management in Jacksonville, Florida must be aware of the poor work conditions but appear not to care. Numerous attorneys, which have been let go, have written letters to executive management outlining the terrible work conditions of the Omaha Claims Center. A letter was distributed in the Company’s parking garage concerning an allegation of sexual harassment. However, employees were scared to acknowledge that they even seen the letter for fear of losing their job. The Company never addressed said letter.
 
The claim center is also reactive and appears to have no proactive planning. Directives and demands are constantly sent out changing procedure and how matters are substantively handled. As much as it changes, it appears that management is constantly having knee jerk reactions to specific claims. I cannot imagine how an industry leader does not by this point in time of the tenure of the Company have established procedure in place for claims.
 
Furthermore, at times I felt as the Company was coming very close to crossing the line of good faith and dealing with the insureds. This was based upon the work load that was placed upon attorneys resulting in attorneys being unable to comply with local insurance laws concerning the amount of contact the Company was to have with its insureds, loss payments being made timely, etc.
 
Another negative factor is that the claim center's reputation in the legal community is horrible. The local bar association made fun of FNTG at an annual ball. It is embarrassing to tell people in the legal community that you are employed at Fidelity National Title Insurance Group.

Advice to Senior Management – To realize that constant layoffs and knee jerk reactionary changes negatively affect the productivity of employees. That leadership by fear is not an effective mechanism to create loyal and happy employees. And to establish a procedure to announce open positions in the Company and allow people to apply for them internally versus management just hiring their current buddy."

From <http://www.glassdoor.com/Reviews/Employee-Review-Fidelity-National-Title-RVW2461963.htm>

 

Note:  The bolding of the text above was done by me as it is the most applicable portion of this quote to this blog - but I found the entire review very helpful.

 

Another Complaint Against Fidelity National Title

I have a lot more to write about Fidelity National Title but time has not permitted it.  Fortunately with the internet it is possible to find more people who have had a similar experience.

"Fidelity has denied my rights as a policyholder and I complained numerous times to management and executives of conflicts of interest, unfair dealing and false statements, breach of fiduciary responsibility, demands that I waive attorneys conflicts of interest with my claim and corporate wrongdoing, (informing me that each attorney operates independently but their internal procedures to assigned attorneys clearly indicate to all the attorney assigned that they must get approval of all activities, reports, case strategy, budgets, etc. centrally)."

 

From <http://www.complaintsboard.com/complaints/fidelity-national-title-insurance-c416322.html>

Very Important Case Against Fidelity National Title

I received this letter.  The author is correct that unless you have big bucks you cannot fight them on damages.  This is a golden opportunity for all of us to stand together.  In order to not jeopardize the case I have X'd out the identifying information but anyone willing to help please contact me and I will put you in touch with the author.  I am definitely going to do everything I can do to help him.

I had to give up on my case because I could not afford to continue on.  But it will give me great satisfaction if I can help this person and chronicle the course of events.

Ann

Hi Ann,

I'm sorry to hear about your dealings with Fidelity.  

On XXXXXX I won a summary judgment against Fidelity National Title in XXXXXXXX District court.

I had a problem with one of my properties in XXXXXX, and filed a claim. The responded by denying the claim, and filing a law suit for declaratory relief which essential means they wanted a judge to rule they don't have to provide coverage. It's a big insurance company strategy to avoid paying claims. I was out raged at being sued for using a service I paid for. It cost me $50,000 to defend myself and preserve my rights to obtain insurance coverage. But in the end, justice prevailed! Now I have fight with them over damages.

I did some Internet searching on "Fidelity Title Sucks", "Fidelity Title Reviews" and it turns out they have a really bad reputation on paying claims and treating the employees badly. One person states they pay only 3% of all claims.

Based on this initial research I think we can prove their business model is to never pay out on a claim, and if the claim has any merit, they take an offensive position and sue, hoping the insured doesn't have the resources to defend themselves. Their thinking is something like this: We can spend $1,000,000 to pay this claim or we can take our chances in court, and hope the insured doesn't have the money to defend a lawsuit. It costs $50,000 to go to court and if we lose it only costs $1,000,000 plus our attorney fee and their attorney fees = $1,100,000. If this strategy works 9 times out of ten we're still ahead of the game. They figure their maximum exposure is the policy limits so why not gamble.

They aren't counting on punitive damages because it's so hard to prove. But today with the Internet and having screwed so many employees and customers we can interview them and find the proof we need, plus it looks like we have judge how is on our side, and gets what they are trying do.

It's like playing poker with the guy at the table who has the biggest stack of chips. He's got a pair of twos and makes a large initial raise $50k hoping the other side will just fold. We need call and raise to double the pot size. They should fold knowing we now have a pair of Kings with a potential full house against their pair of twos. Their only hope is four of a kind and the odds are stacked against them.

How's your case going against them? How many others like us are out there? We need to ban together to fight this.

Here's another guy with a similar problem:

https://www.facebook.com/pages/Complaints-against-Fidelity-National-Title-Group/132896190090493