Tuesday, October 27, 2015

Did Fidelity Fail to Live Up to the Terms of the Contract?

I recently read an article of someone who was found guilty of liable for accusing a company of criminal wrong doing by using terms such as "scam", "con-artist" and "robs".

I believe I have carefully avoided accusing Fidelity National Title Insurance Company of criminal wrong doing.  As a matter of fact considering the level of legal training of the Claims Counsels (all appear to be lawyers) it is highly unlikely that they are doing something against the law.

But does this make what they are doing ethical?  If by insuring a property contractually and then failing to live up to the terms of the contract and using every power within their legal and financial means which appear to be substantial they force one (here speaking for myself) to actually sue them when they do fail to live up to the terms of the contract and then wear one down trying to collect on the insurance - is this acting in good faith and ethically.

I personally think not and this is the reason I began and continue to write this blog.  Indeed Buyer Beware.  My experience is that Fidelity does not live up to the terms of their own contract and the consumer is the only one that loses.

Sunday, August 30, 2015

Why am I doing this?

Years have now passed since I was involved in my disastrous claim with Fidelity National Title Insurance Company so even I am asking why do I continue to work on this blog.

Being involved in a claim with Fidelity National Title is in my opinion a route to disappointment and being treated like the enemy rather than the person insured - at least this was my experience.  And I continue to hear from individuals who feel the same way.

Even though I was the insured and the claim was opened by Fidelity on my behalf as soon as it became apparent that the error was completely theirs and the settlement would be substantial the claim was denied and I became the enemy rather than the insured.

I did prevail and got a meager settlement after I gave up the fight.  Two years of the equivalent of working full time not to mention investing thousands of dollars as a single mom needing to support my children being confronted with many more years and thousands of dollars needing to be invested (in deposing at very high rates their employees in Nebraska, the appraiser in Idaho and the local California "expert" witness at $500 an hour) or settle for approximately 10% of the loss which after paying the attorney and all of the expenses (not to mention my time which was thousands of hours) I was in my opinion literally forced to settle.


Although since I have started this blog I have been told by others that they did get a better settlement than originally offered but had to agree to not discuss it (and two implied specifically not with me).

I recently sold my home and I took the tiny stand refusing to have the escrow handled by Fidelity.

So why do I continue to write this blog?  To warn people that insuring your property with Fidelity National Title Insurance Company that this is only to benefit the bottom line of their stockholders and may not (likely not in my opinion) insure your property in the event their is a title problem - especially if it involves an error made by Fidelity in their work.

Friday, August 28, 2015

Facebook page Complaints against Fidelity National Title Group

I will be documenting my story about this company. I urge others to read this. My goal is to inform the public and state law makers of how this company treats its policyholders when theres a claim. Stand by for the story.

Ann, I don't remember where we were in terms of correspondence but finally after seven years I've made significant progress. I believe what turned things in my favor was that after numerous complaints to the New York State Department of Financial Services (NYSDFS) they called a meeting in NYC and Fidelity was represented by two attorneys and I represented myself? The purpose was to address my numerous complaints in person. subsequent to the meeting, Fidelity withdrew the OSC to withdraw they attorneys and allowed me to select my own attorney ( which they agreed to pay). My new attorney prepared and established a trial date which none of the previous Fidelity appointed attorneys seemed to be able to do( or in my opinion did not want to do). As the court date came closer we managed to reach an equitable settlement ... Actually the settlement was reach in front of the trial judge as the case was about to start.

·         Tuesday

8/25, 6:18pm

Ann, after 8+ years my case was settled. However, I had to hire my own attorney, (the second one) which got my case on the court calendar for trial. On the first day of trial (which both my attorney and I were sure we were going to win, a settlement was reached ... In short, my title and survey were agreed were correct, my property returned, and I received a financial settlement. In my opinion, the keys to my success were my attorney (who was honest and competent), the fact that my formal complaints and subsequent meeting with the NYSDFS ( the Insurance Department ... Who chaired a meeting with myself and Fidelity attorneys at their offices) and the fact that we started the trial of the case before a judge.

8/25, 6:18pm

Good luck with your efforts

8/25, 6:39pm

Wow - finally a success story. I wish I had been able to financially hold out for 8 years and have some satisfaction but alas my great satisfaction is by blog and I will enter all of this if not tonight tomorrow.

My own success ended up financially a disaster but I feel I have some compensation by now having reached over 25,000 people and have been able to help numerous people with their actions against Fidelity National Title.

I even heard that one person was able to settle but part of the agreement was to not communicate with me so that I would not be able to blog about it!!!

I am so thrilled to hear your news!



Sunday, August 16, 2015

25,000 Visitors

Twenty-five thousand people have now read posts on my blog!!

My hope is that it has helped many in their own claims against Fidelity National Title Insurance Company get fair treatment and their claims handled in good faith.

And hopefully it may have had others who are looking for title insurance to consider insuring with someone other than Fidelity National Title Insurance Company.

Many thanks to my thousands of readers.

Saturday, March 14, 2015

For Unmarketable Void Property Title - Contact Fidelity National Title David Saag

Truth in advertising??  I swear I did not make up this photo/flyer.  It was sent to me by one of my readers but obviously I am not the only person who has been affected by Fidelity National Title Insurance Company not insuring their property.

I did lose my property to foreclosure when I was not able to sell the property for even the value of the loan (which was $125,000 less than what I bought if for). I, too, wonder how many others have lost their property to foreclosure after a title error?  And to my knowledge the bank was not paid on their loss although I doubt they made a claim on the title insurance policy.  But here is the email and the flyer.  I am thinking I should send it to David Saag!!
Hello Ann,

I am still following your blog.  Thank you for attempting to help people.  So many citizens continue to be the victims of title insurance flaws on their property.  I wonder how many people have lost their homes to foreclosure when the property they thought they owned had title errors?  Do the banks get paid on their title insurance claims for foreclosed properties with bad titles?   I wonder.   Though this flyer I came across might be of some interest to you.

I do not know the author of this terrific flyer - but thank you!!!

Sunday, February 22, 2015

Reviewing the Claim denied by Fidelity National Title Insurance Company

As the letter I was sent was not addressed to me but it is what I would expect - a litany of "legal" reasons as to why the claim will not be paid. It is unfortunate that claims are actually not processed by claims processor who is interested in the client rather than an attorney representing and looking out for the interests of Fidelity and legal ways to avoid paying claims.

Hi Cherry and Rebeca,

Here is the original email that I received from the Walkers and I have read your letter dated January 27, 2015. It does sound to me reading your letter that there is a confusion as to whether or not the Walkers fully understood the error and signed the amended statement and this might warrant further investigation on your part.

Ann Zollinger
Former Fidelity National Title Insurance Company client


Fidelity National Title Insurance Company sent me a copy of the Claim Denial

Good afternoon,
Please see the attached letter from Cherry Kolb, Associate Claims Counsel.

Thank you,

Beca Frausto
Legal Assistant
Fidelity National Title Group/Omahas Claims Center
211 S 7th Street, Suite 210/Omaha, NE 68106
P: 402.498.7566 F: 402.498.7897


Hi Rebeca,

First, I apologize for the delay in responding to your email.  I am not sure why I was sent this letter as I am just what I believe to be a victim of Fidelity National Title Insurance Company and I started a blog to chronicle my personal experience and I have been contacted by so many others who feel the same way. But here is my email to your client:
Dear James,
As I am only writing a blog on my experience with Fidelity National Title Insurance Company and am including the experiences of others - I will be happy to post your dilemma on my blog so that other readers can see and perhaps understand your problem.  But I do not believe I can do anything more than this to assist you with your predicament but I believe Mr. David Saag can so I am copying him on this email.

Here is his contact information:

David Saag
SVP/Senior Claims Counsel
2111 South 67th Street
Suite 210
Omaha NE 68106
402 498-7021

Good luck with your situation!!


But - thank you for sending me this letter. I will read it carefully and hopefully this will assist me in writing a new blog post. I am though not sure why you sent it to me? I do have a strong viewpoint of FNTIC as a claim was filed on my behalf by a Fidelity Title Officer and then I discovered that a Claims Counsel is truly not there to assist the client (me) but rather to represent Fidelity legally and in my opinion to come up with every excuse possible to not pay the claim. And I hear this repeatedly over and over again. But I am just a former Fidelity client with a negative opinion of your company and especially the claims department.

So if you need my response - please let me know.

Ann Zollinger