Thursday, January 8, 2015

Another Problem with Fidelity National Title

Ms Zollinger
I am James H Walker
Fort Worth Texas

We were selling an acre and a half in Azle Texas.  It had an old home on it with a well.

We were called into Fidelity National Title Agency, Inc.
224 West Main St.
Azle Texas 76020
on the 19th of December to sign all the necessary paper work.  This included the Fidelity National Title Agency, Inc. final Mater Statement dated the 19th of December 2014.

Nine days later we were told over the phone that we needed to sign another Final Master Statement, and that one was backdated to the 19th of December.  This was done over the computer and we were the only ones that signed.

Because of this discrepancy the Agency made it cost us $750.22.

Ms. Zollinger, if you would look into this, Kay and I would greatly appreciate it.  We fee we shouldn't be responsible for the application being idle for in excess of 12 days.


James H. Walker

Unfortunately as much as I would enjoy being the go to person for solving problems with Fidelity National Title I actually have no influence within the company at all - either in my own defense nor of others.  The most that I could do in this case was to refer him to David Saag, Senior Vice President and Chief Claims Counsel for assistance.

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
2111South 67th Street
Suite 210
Omaha NE  68106
402 498-7021

Good luck with your situation!!!



Saturday, December 6, 2014

Once Again It Appears that Fidelity National Title is Doing Its Best to Not Pay Claims

Hi Ann,

            Thanks for your latest 2 e-mails.  I have spoken to Mr. Saag & copied him before.  IMHO (In My Humble Opinion) he is part of the problem.  He tried to “steal” the encroached property from XXXXX for $10k which was insulting and absurd by any measure.  They investigated and came back with a minimum of $55k which IMHO is about right.  Saag also told me he has 130 attorneys working for him handling claims in the Western Division.  What does that tell you?


            I did hear back from the associate counsel yesterday.  They claim their appraisal is correct which indicates the property does not abut a “xxxxxxx” enhancement and the XXXXXXXX assessor is incorrect when he claims it abuts a xxxxxx.  The assessor personally knows the property, has lived there all his life, and is intimately familiar with my case.  The subject property abuts a xxxxxx, is shown on the TI map on a named stream, and the TI policy extensively covers the fact that it abuts the xxxxxx in its exceptions.  Just further evidence of their delay tactics shrouded by ignorance.


            Since associate counsel and Saag are continuing to communicate with me, I will respond to them covering the above one more time to give them the opportunity to resolve matters before I tell them I will be posting on your blog.  So far they have not released their appraisal to me.


 I will keep you posted.  Thanks again for your assistance.           

I am editing this post at this time as the author is still in the middle of attempting to get Fidelity National Title to do their job and insure his property.

The Continuing Saga of another Fidelity Claimant and David Saag

Hi Ann,
 Thanks for the response.  Since I sent you my e-mail, I have been corresponding with the associate claims counsel’s supervisor,  He has been responsive but continues to avoid resolving my case anytime soon with the normal run around, legal speak, etc.  I am currently waiting for a “promised” update on their negotiations with XXXX who owns the encroached upon property and an explanation why their (FNT’s) appraisal of my property is “admittedly” erroneous.  I will give him one more week then tell him I am going to start posting my experience on your blog.  It will be a year in December since I filed my claim, with no carrying cost reimbursement or progress of any sort.  Clearly a deny and delay strategy.
Thank you for your support and blog offer.  I will keep you apprised of the events as they unfold.
Here is the person who responded to all of my top of the ladder letters:
David Saag
SVP/Chief Claims Counsel
Omaha Claims Center
2111 South 67th Street Suite 210
Omaha  68106
402 498-7021
I would copy him on everything.

Another Fidelity National Title Claim, Another Problem

Hi Ann,

Very sorry to read about your dealings with FNT.  Thank you for posting your blog.   I am going through a somewhat similar process.  Mine is a black & white encroachment issue which FNT first denied the majority of, then reconsidered and accepted full responsibility.  Subsequently the claims counsel refuses to pay my monthly carrying costs for an unusable vacant property while they try to resolve it with the neighbor.  After 9 months of grief, FNT offered me 50% of the insured loss, take it or leave it, which would mean a loss of $80k to me.

I filed a complaint with the CA insurance commissioner, who in essence said they have no power to do anything and to hire an attorney.
My first question, did you ever get a response from your 6/13 letter to Roger Jewkes?  
Secondly, if you had to do it over again, what would you advise?

 Thank you,

I am going to post what you wrote anonymously (somewhat) on my blog - and this is starting to have an effect.

Here is what I feel and believe but it is my opinion.  The bottom line is that they will do everything they possibly can to NOT pay you and NOT pay you fairly but if you choose to sue it is a long and costly process.  When you go to depose their employees and consultants they are all over the country and their "experts" depose at $500 plus expenses.  The legal department of Fidelity in my opinion has no scruples whatsoever.
And I believe they dislike my blog.  There were two people I was communicating regularly with and they all of a sudden disappeared so I believe that they settled but part of it was a gag order.  When I finally settled they forgot to put that in the agreement. So I would use this.  Please feel free to tell them that you have been in contact with me and we are going to start posting a blow by blow of your process and see if this does not help to get them to step up to the plate.  (Feel free to share this email.)  It is too late for me but if they do not want pay you for your loss perhaps they will pay you to keep your mouth shut!!!!


Thursday, July 24, 2014

Advice for Fidelity National Title Insurance Company Claims Counsels

From Will Rogers:

"Lead your life so you wouldn't be ashamed to sell the family parrot to the town gossip."

And again from by a former Claims Counsel in Omaha:

March 14, 2013

"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 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."

And from another Claims Counsel (again because I feel this is very true!)

December 9, 2013

"Get an ethical viewpoint and serve the insured and not the stockholders. I was made to accept appraisals that I knew did not represent the loss to the claimant but rather benefited Fidelity National Title and was instructed to do so by senior management. And in one case it was discovered that we were completely in error to the detriment of the insured as I was instructed to disguise this fact with using legal terms that were very difficult to understand. I finally had to quit as I had a problem knowing that I was not representing the insured claimants in a fair and ethical manner."

Although I would not call my blog the "town gossip" as I feel I am not gossiping but rather attempting to provide as much accurate information as to what happened to me with my claim (or lack thereof!) and subsequent lawsuit against Fidelity National Title Insurance Company - I would love nothing better than to have the parrot from the Omaha Claims office of Fidelity National Title!!!

Sunday, July 20, 2014

Is Fidelity National Title "Interested in their own bottom line and not honoring the claims of the insured"??

"Interested in their own bottom line and not honoring the claims of the insured" is the title of a post dated Dec. 9, 2013 by a former Associate Claims Counsel with Fidelity National Title Insurance Company from  This post describes my experience and opinion of what happened to me exactly.

"Pros - The majority of the staff begin wanting to help the claimants and work very hard."

"Cons - As the claims progress it becomes apparent that they company's loyalty is not to the insured but to the stockholder's bottom line so it was difficult for me from an ethical viewpoint."

"Advice to Senior Management - Get an ethical viewpoint and serve the insured and not the stockholders. I was made to accept appraisals that I knew did not represent the loss to the claimant but rather benefited Fidelity National Title and was instructed to do so by senior management. And in one case it was discovered that we were completely in error to the detriment of the insured as I was instructed to disguise this fact with using legal terms that were very difficult to understand. I finally had to quit as I had a problem knowing that I was not representing the insured claimants in a fair and ethical manner."

I am going to break this down with specific examples in my claim/lawsuit against Fidelity National Title but I wish I knew who this person was as he/she would be a wonderful asset in helping to further disclose how claims are handled - or not handled - by Fidelity National Title Insurance Company.

Friday, May 30, 2014

Companies Under the Fidelity National Title Umbrella

A reader sent me the link to this information on the Fidelity National Title Insurance Company website (and this only goes up to the year 2000) along with the recommendation that before using any title company make sure that they are not affiliated with Fidelity:


Western Title Insurance Company (now Fidelity National Title Insurance Company of California) traced its origin to C.V. Gillespie (founder), a notary public and searcher of records in San Francisco.
At the time of the San Francisco earthquake and fire, employees of Western Title Insurance Company and their wives were credited with saving the title plant and other valuable records of the company.
The original Western Title Insurance Company was formed.
Fidelity National Title Insurance Company (FNTIC), a Nebraska corporation, received a certificate of authority and began doing business in Nebraska.
FNTIC acquired the assets of a small underwriter in Tucson, Arizona. It was at this time that the Company's current principals were first affiliated with FNTIC.
FNTIC, with agency operations in the Arizona counties of Maricopa and Pima, was purchased from CIGNA. FNTIC was ranked 48th in the country among title insurance companies with revenue of $6.2 million.
Corporate offices for FNTIC were moved from Denver, Colorado, to Scottsdale, Arizona.
Controlling interest of FNTIC was sold to Fidelity National Financial, Inc. ("Fidelity" or the "Company"), its present holding company. William P. Foley, II, became President and Chairman of the Board.
The Securities and Exchange Commission approved the sale of Fidelity's stock to the employees of its various subsidiaries. Fidelity became the nation's first and only employee-owned title insurance underwriter.
Fidelity began trading on the American Stock Exchange under the symbol FNF.
Fidelity Acquired Western Title Insurance Company.
Fidelity moved corporate headquarters from Scottsdale, Arizona, to Irvine, California.
Fidelity acquired Western Title in Portland, Oregon.
Fidelity purchased an El Paso-based title agency, which represented Fidelity's first direct title operation within the state of Texas.
Fidelity established Premier Lenders, a concept unique to the title industry. All title work for lenders in the California counties of Los Angeles, Orange, Riverside, San Bernardino and San Diego is performed out of one regional office.
Fidelity began trading on the New York Stock Exchange under the symbol FNF.
Fidelity acquires Meridian Title Insurance Company, and Security Title and Guarantee Company, expanding Fidelity's direct operations base to include Florida, Michigan, Missouri, New Jersey, New York, North Carolina, and Pennsylvania.
Fidelity completed its acquisition of Agency Sales and Posting, Arizona Sales and Posting, Inc. and Pente Enterprises, Inc.
Fidelity acquired ACS Systems, Inc., a computer software development company to enhance FNTIC's electronic data interchange through the development and marketing of its trust, escrow and title related software.
Fidelity acquires Western Title Company of Washington, creating the opportunity to expand direct operations into Washington.
Fidelity acquires the accounts receivable and the book of business of World Title Company, formerly in conservatorship. Fidelity acquires 100% of the stock of World Tax Service... enhancing its market position in California.
ACS unveiled ExpressNet (now FlexNet), an integrated solution for electronic commerce between back office systems and external service providers, realtors and lenders.
Fidelity acquired Nations Title Inc, 8th largest title underwriter in the United States, made FNTIC the 4th largest title underwriter in the U.S. and doubled the existing agency base.
Fidelity acquired Alliance Home Warranty (now Fidelity Home Warranty)
Fidelity acquired CRM, now Fidelity Tax Service
FlexNet™, Fidelity National Lender Express Network, is established as the single source through one interface for bundled services to include title and escrow, tax, credit, flood, foreclosure appraisal, document and recording, and electronic commerce services.
Fidelity acquired First Title Corporation, a title company with offices throughout the southeastern United States.
Fidelity acquired three credit reporting companies Ifland Credit Services, Credit Reports, Inc., and Classified Credit Data, Inc. All three have been merged and operate as Fidelity National Credit Services, Inc.
Fidelity acquired Bron Research, Inc., a flood certification company headquartered in Austin, TX. which now operates as Fidelity National Flood, Inc.
Fidelity acquired Express Network, Inc., a provider of attorney services such as courier, messenger, courthouse filing, process serving, investigation and reprographics.
Fidelity acquired Granite Financial, Inc., an industry consolidator in the small-ticket lease financing market
Fidelity sold wholly-owned subsidiary ACS to Micro General, Inc. ACS provides software, systems integration and telecommunication services to small to medium size businesses in the real estate industry.
FNTIC merged with Alamo Title, the ninth largest title insurer in the United States. As a result FNTIC is now the second largest underwriter in Texas.
Fidelity formed, the first multiple title underwriter alliance for electronic commerce. Fidelity and Stewart Title are the founding and initial members. It is designed to be an open electronic commerce network to order and deliver essential real estate information services in the real estate transaction process.
FNF, through Micro General, sponsored and financed a new interest transaction intermediary company called
FNF announces its plan to acquire Chicago Title Corp. and its title insurance subsidiaries - Chicago Title and Ticor Title, thus creating the world's largest title insurance organization.
FNF completes its acquisition of Chicago Title Corp., creating the largest title insurance organization in the world.
FNF moved into its new corporate headquarters in Santa Barbara, California.
FlexNet and Chicago Title's CastleLink operation are merged to form Fidelity National Lender's Solution - the single solution for mortgage products and services.