Report: #704913

Complaint Review: Fidelity National Title Insurance Company

  • Submitted: Thu, March 10, 2011
  • Updated: Mon, January 14, 2013
  • Reported By: Russell — Clearwater, Florida USA
  • Fidelity National Title Insurance Company
    6601 Frances Street
    Omaha, Nebraska
    United States of America

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I paid for Services of Fidelity in both Title Search and Title Insurance and they’ve failed me in both areas.  Now they are being negligent.

June, 2008 - Lien missed by Fidelity Title Search when my house was sold to me.

August, 2010 – Received letter from Attorney for Lien Holder informing me of outstanding lien created by seller against my house before it was sold to me.

August, 2010 - Filed Claim with Fidelity Title Insurance.

November, 2010 - Fidelity acknowledges in writing that they missed the lien and that I have a valid insurance claim.  Claim sent to in-house counsel to be settled with Lien Holder.

January, 2011 – Have contacted In-House Counsel for Fidelity many times to find out when this would be settled.  Their response is always “Soon, It takes time.”

February, 2011 – I have been told that the Insurance Company now has an agreed amount to settle the lien and gain clear title to my house.

March, 2011 – It has been more than 6 months since my initial filing and I have sent many letters asking the In-House Counsel when this will be settled.  I get the same response, “It takes time.”

I don’t know why at this point that this has not been settled.  I have a valid claim as agreed by Fidelity.  Fidelity has an agreed amount that they will have to pay out to get my title cleared.  So at this juncture we have all the ingredients to get this settled and make me whole.
The only thing stopping Fidelity from settling my claim is that they don’t want to.

Given a choice I would never use Fidelity again and given a chance to go back in time I would not have used them this time.
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#1 Consumer Comment

Fidelity National Title problem paying claims

AUTHOR: bbo - (United States of America)

  I understand.  They stall until you want to give up. Call your state insurance department see if this company falls under their guidelines. Someone said it takes time, if that was my car and it took a year to give me an answer, I would be walking.  I really think it is BS.

Remember the attorneys looking at this are working for a title company. The really Great attorneys are recruited out of college, the others go to work for title companies.  I think there is nothing a person can do about them but I will never recommend that tile company to anyone. Plus they are rude when you call to ask something.    
Good luck pass the word around. Personally my favorite and the ones with less claims is First American. they do not take a year to answer. 
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#2 Consumer Comment

I would never use Fidelity National Title Insurance again

AUTHOR: zollina - (United States of America)

As a real estate agent/broker I referred dozens of clients to Fidelity National Title Company and also insured my own real estate transactions with Fidelity.  Thank goodness I was the only one who actually had to depend on that insurance to protect my real estate investment.

When I purchased an 80 acre parcel with sweeping views of the Napa Valley I met with the Title Officer who provided me with the public records for two deeded easements to Mount Veeder Road.  To make a very long story short one of the easements was determined to not be valid and a title officer with Fidelity opened a claim on my behalf.  Four years, three claims offices across the country, six claims counsels and a lawsuit and an appraiser from Boise Idaho determining that the loss of the easement was worth $0 - I have finally given up.  An individual cannot fight a corporation the size of Fidelity.

I did settle - to pay all of the legal fees incurred and my attorney for his time.

To read my story please go to:

An (Un)Claim with Fidelity National Title Insurance Company

Thank you.
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#3 REBUTTAL Individual responds

fidelity title insurance -

AUTHOR: bbo - (United States of America)

The one thing good that I with my personal experience with Fidelity Title insurance company, they have lots of excuses, justifications, BS, political answers, never saying  hey we were wrong.  I personally would never allow any of the loans we do short sale , refinance or sell to use Fidelity Title insurance. I think they need to read everyone of the complaints here , on face book, twitter. Fidelity you are a legend in only your mind. Look what some of your ex-employees have said. Come on sign off on anything, but the number one rule is to never admit you are wrong. Fidelity says file your claim we won't accept the blame and we sure as heck will not pay the claim.
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#4 General Comment

Hold up..

AUTHOR: Retired - (United States of America)

I am the daughter of Warren Miller who heads Fidelity's office division in Houston, Texas.  I worked for Fidelity title company for a number of years, and I can tell you first hand, as having been both a closer and a marketing rep they are unscrupulous in their practices.   I was told on one occasion (by my own father) during the big refinance boom when I worked for a John Clevinger to close and sign off on Settlement statements for refinances that were bungled big time, not to mention the title work that was bungled on many many files.

These title companies do abstract title work.  They own large (title abstract plants) that do searches on micro fish film and digital media when researching liens and documents on a particular property.  You are paying them to make sure your property is free and clear of any title defects before you purchase or refinance on that property.

Fidelity has to be one of the worst title companies.  Yes, I know I worked for them under my father Warren Miller. 
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#5 Consumer Comment

fidelity national title

AUTHOR: bbo - (United States of America)

  The company I work for has had a title claim they have been trying to get paid since November of  2010.  I understand that they have 150 attorney's in the Florida area and  150 attorneys back in the mid west.  The goal is to not pay the claim. Title insurance companies pay less than 3% of claims. Why not say it like it is: we will guarantee your title God forbid anything comes up because we are going to have to look at the claim till the trumpets blow.  Our attorneys who are not the brightest bulb in the package will need to look at it for months, maybe years. Then we send it to a supervisor attorney who sends it to outside counsel to review they take a year. then decide to defend it because they have more money then the little person does. I have not told anyone closing  that on contracts we receive we will not allow a closing that  Fidelity is the title company. If they paid out on all the claims or just  50% they would most likely be in bankruptcy.  I can understand a little time to research but a year you have a problem, more so than the obvous. .  
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#6 Author of original report

Melody A Martinez, Esq. is no longer handling this case.

AUTHOR: Russell - (USA)

Melody A Martinez, Esq. is no longer handling this case.
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#7 Consumer Comment

Stop expecting instant gratification

AUTHOR: Boges55 - (United States of America)

I work in insurance and it appears the author makes some incorrect presumptions.  First, the Author incorrectly presumes that the insurance premium pays for a title search for the the benefit of the Author. Fidelity is an insurance company, not a title abstract company.  Just as a car insurance company may search your driving record or a health insurance company researches your health record, a title insurance company will research title... not for you, but for itself to see if it is insurable.  Insurance may then issued with some possible exceptions to coverage, e.g. pre-existing conditions whether this be your health in a health insurance policy or it be title issues in a title insurance policy.

The Author acknowledges that Fidelity accepted the Author's claim for coverage.  However, the Author apparently presumes that means the lien is valid and the insurance company should immediately pay.  As I have seen in the insurance industry, that is not always the case.  There could be a dispute as to the validity of the lien.  Even if valid, there may be a dispute as to attorney fees or other costs.  Or there may be a necessity to sue the responsible party for the lien.  This could be the builder or the prior homeowner who originally contracted with the lien claimant. 

Sounds like the Author is naive as to the timetables of investigating insurance matters, litigation issues, and settlement negotiations.  Ask anyone that has been involved in a lawsuit - six months is nothing.  Be glad your insurance claim was accepted and give your insurance company latitude as it works through some potentially complicated and volatile legal issues.
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#8 Consumer Comment

Seems A Bit Harsh

AUTHOR: INFO - (United States of America)

It seems like this boarders on internet libel so hopefully can get backed up. 

Interesting article at
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#9 Author of original report

5 week old faces being homeless

AUTHOR: Russell - (USA)

This Claim has gone to Forclosure.  My 5 week old, 2 year old and Family face homelessnes
because of Fidelity National Title Insurance's Negligence.

Through no fault of our own we are now looking at being homeless.

We have a Mortgage with US Bank and have never been late with our payment.  Our Mortgage
is current.
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