Gag Orders and Fidelity National Title Insurance Company

Well I believe that communication is finally starting to take affect.  In addition to this blog now having been read by tens of thousands of people and that number is growing every day........... I now have a new statistic to keep track of!!

Two people who contacted me while their cases/claims were still active have settled with Fidelity National Title.  And the good news for this blog is that in both cases they were offered substantially more money by signing a gag order - that is an agreement to not discuss the particulars of their case - than if they did not.  Needless to say I did not press them for more information - their communication was merely a thank you and stating they could no longer participate by telling their stories.

So although we cannot all benefit from their experiences other than what may already be posted on this blog - the good news is apparently (hopefully) Fidelity National Title is starting to listen and perhaps - just perhaps - is treating their clients with more respect than I feel they treated me.

An Interesting Conversation About Fidelity National Title

First, no I have not given up blogging about Fidelity National Title Insurance Company. I have been tied up with work and getting my daughter off to college.

I had another email conversation with a Fidelity National Title claimant. She felt that no matter what she presented nor how she presented it especially when it was obvious that the title company was responsible and wrong - that they had a law or legal precedence with an "angle" to make them not responsible.  And she expressed a desire that the tables could be turned on the title company.

She expressed gratitude for the directions and advice that the blog and I provided. But she expressed a fear that Fidelity National Title was reading the blog and could be using it to find more ways to "hide under the radar".  And she wondered if David Saag had been able to help any of the individuals that I had referred to him.

First, on David Saag, I have not heard that he has been able to help any of the individuals that I have referred to him. If I personally was having a difficulty with a claim with Fidelity now I certainly would contact him and other executives and I would not depend on the Claims Counsel assigned to my claim to handle it and handle it properly.

And I do not know if anyone from Fidelity National Title is reading this blog. No one has contacted me nor offered any commentary on what is being written. Nor is anyone offering to answer the myriad of questions that I have asked in any capacity - let alone from the viewpoint of Fidelity National Title Company or Fidelity National Title Insurance Company.

So are they using the information on this blog to find new and unique ways to "hide under the radar"? I certainly hope not as my purpose is to raise questions, to explain to people who are thinking of using Fidelity National Title Company to protect their real estate investment to carefully weigh this choice and make sure that they are well protected and to unite people who are in claims with Fidelity National Title Insurance Company with as much information as possible so that they can have success and not experience what I did.

To that end - I will continue to research not only Fidelity National Title but the title insurance industry so that we (the consumers) all can benefit.

 

 

My advice in working with Fidelity National Title

Having heard of many other stories of Fidelity National Title other than mine they all have many things in common.

First, I believe all lenders require that title insurance be purchased.  And I believe that if there is a problem and you need to open a claim - there is a potential (probability) that there will be a problem with the coverage and the title insurance protecting your real estate investment.

If I were to use Fidelity National Title again (never) I would insist on sitting down with the most senior title officer available and I would go over every square inch of the preliminary title report.  I would record the conversation.  I would request copies of every public document mentioned in the preliminary title report and I would date stamp the day I received these and have the title officer sign and acknowledge that he/she gave them to me.  And whenever possible I would only communicate with both the escrow officer and the title officer in writing and I would keep a chronological copy of all communications.

In other words I would treat the escrow as the beginning of a potential lawsuit over some future error discovered in my title that is going to require me to file a claim with Fidelity National Title Insurance Company.

And although it was not my experience but others would advise that in the event your title needs to be defended in court  by Fidelity make sure that you are choosing your own attorney so that you are confident that they are representing you and your interests and not Fidelity National Title Insurance Company and their interests.

Should you use Fidelity National Title ????

Dear Ann, I came across your blog after doing a search for Nancy Vantassel - her name was on a long list of individuals that appear to be involved in your case. I am extremely concerned after reading something briefly about your complaints regarding an easement, etc. We are in contract with a property with an easement (and judgments to enforce the easement) and Nancy Vantassel at Fidelity was able to get a us a clean title when First American Title would not. I am of course concerned about the reliability of this title company (and whether they will continue to provide clean titles in the future) and wonder what I should do next - walk away from this perfect property (great even with easements) or inquire with a different title company after the all the concerns you have raised! Without title insurance, we can't get a loan . . . Any thoughts, advice, or other title company's would be so helpful to know at this time. Many thanks. Best regards,

"My advise would be - if you love the property - buy it.  But definitely sit down with the title officer - where is the property??  I would talk to the most senior person you possibly can who works for Fidelity.  Be firm and honest and tell them about this blog.  I have heard from many people (all of which feel that Fidelity did not adequately represent them) and in almost all instances it is about easements.

 

So get everything - absolutely everything - in writing from them.  Accept no verbal communication.  Let them know that you are extremely concerned about how they are actually going to "insure" you in the future."

 

Phillips Lytle Attorneys at Law - New York State

A reader provided this firm as another law firm that apparently has worked for Fidelity National Title in the New York State area.  Here is the link to their information on the service they provide for insurance coverage.

http://www.phillipslytle.com/PracticeDetail.aspx?id=63

Again - please feel free to send in the names of firms that were hired to represent you by Fidelity National Title and/or was representing Fidelity National Title.

Thank you.

Another Phone Call And Another Claim - Small World

The foundations are just being formed for the cottages at this new Zen Center here in Northern California - a project that I have been working on for more than a year.  And I just received a phone call from someone there - not about the design or construction - but because he had found this blog due to them having a problem with the title on the new Zen Center.  Needless to say since I was just up there a week ago - the last thing he expected to find was that I, too, had a problem with a claim with Fidelity National Title.

 

Hopefully I will be able to help them get this matter resolved a lot more quickly and a lot less painfully than my own claim with Fidelity National Title Insurance Company!!!

 

Dear XXXXX,

I am so happy to hear the contractor is starting the foundations on the cottages - as excited as I am to see them go up - I confess I am more excited about the timber framing coming from Japan for the temple.  I am very proud to have been able to work on this project and look forward to working with all of you on the design of the main meeting center in the future.

Needless to say it is a very small world that you happened to find my blog on my experience with Fidelity National Title Insurance Company.  And it was very disconcerting to learn that you, too, are having an issue on the property in XXXXX with an easement that crosses the Zen Center’s property that was not disclosed to you in the title report.  And the resulting proposed settlement of $500 from the appraiser in Connecticut on a property here in Northern California - well I cannot help but think that he is not familiar with the area.  (Considering the additional freight bill we just had to send you required by Caltrans is almost that amount.........................)

 
As handling a dispute with Fidelity is about as far away from the mission of the Zen Center as one can possibly get - I am glad that you called me.  As I spent five very long years and thousands of dollars trying to resolve my claim with Fidelity my suggestion would be to contact David Saag who is the Western Region Senior Vice President and Chief Claims Counsel immediately and ask him to oversee this claim so that you can receive a fair, just and speedy resolution of this matter.  In my experience trying to work with the assigned claims counsel is not productive and you will most likely bounce from one person to another.

I am copying Mr. Saag on this email in hopes that he can quickly intercede on your behalf and get this resolved so that we can all get back to the work of getting the new Center built and in use for its intended purpose.

Ann Zollinger

 

Kreise Enderle Attorneys at Law

After one of my reader's posts this afternoon on this law firm handling 150 cases a year for Fidelity National Title,  I went searching on the internet and found this information on Kreise Enderle Attorneys at Law:

“Insurance defense

In our comprehensive insurance defense practice, we represent clients including:
Automobile insurance carriers in no-fault coverage disputes and motor vehicle negligence claims
General liability insurers in premises liability and general liability claims

Title companies in real estate disputes and title claims

Our insurance defense attorneys provide effective strategies to reduce your claim costs.  

See more at: http://www.kreisenderle.com/practice-areas/#insurance-defense”

 

Whenever I read things like this it always raises questions.  First, what exactly is "comprehensive insurance defense practice"??

 

It does say specifically that they represent Title Companies (such as Fidelity National Title Insurance Company I assume) in real estate disputes and title claims.  Am I correct in my understanding that they represent Fidelity and not the insured??  And is this with third party disputes and claims?  And, if so, why would they then not represent the insured??

 

"Our insurance defense attorneys provide effective strategies to reduce your claims costs."

 Oh boy.  Am I reading this correctly that Kreise Enderle's job is to reduce the claims costs by coming up with a strategy to not pay claims????

 

It sure does not look with these statements that they are looking out for the interests of the insured - but rather looking out for the interest of the person employing them - their client - the title company.  Or am I reading this incorrectly??