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Claimant's opinion: I feel that we were denied crucial information, and now we are being denied crucial assistance in making it right. An insurance company is supposed to protect the owner of the policy. This insurance company is not doing anything to assist us. It appears that this company just take people's money, then pays their employees to make excuses as to why they aren't going to cover anything. I feel that they are just a big evil company that steals from people.
Claimant's opinion: First American Title takes advantage of the fact that people have to have title insurance, so they charge people for this paperwork, but don't have any intention of following through with the actual coverage that they claim to give.
First American Title should have explained exactly why they do not feel they are liable for this problem. If they did not, or it did not make sense to you, file a complaint with your state insurance commissioner. They should be able to compel First American to respond. First American is a huge company; huge companies often give bonuses to staff that find loopholes to make low claim pay-outs. I do NOT know that this is what happened but your insurance commissioner will not be green about any prevarications. The commissioner's office should also be able to advise you about your options regarding what the policy should cover and any legal remedies.
Did you use a real estate agent/broker? Did you get a copy of the disclosure form from the seller? Sellers must disclose defects and that sounds like a whopper. The seller is liable for non-disclosure of known defects, and the agent may also be liable IF they knew about it. If you bought a FSBO (please tell me you didn't) that might be more complicated.
The seller of any piece of property has the duty to disclose any known defects, and so does the seller's agent (if any). The fact that Habitat formally revoked the License Agreement is proof enough that there was one. You also note that the issue is why the owners sold - that's a known defect.The seller presumably paid for your title insurance policy and did not disclose the problem to the closing attorney? Was an agent involved?
A driveway leading onto your land and into your garage, but not on your land, should have been disclosed in the survey. Even if the agent didn't catch it, the closing attorney and the title company should certainly have raised the question about access.
This seems to be a mess. Your claim asks for some $624,000, which appears to be an error where the three options for curing the defect were added together; however, your intent is clear enough.
I am not sure of all the facts here and I am not specifically familiar with Utah law. However, it seems to me that the cheapest option would be for First American Title Insurance, the seller, and the agent (if any) to split the $20,000 purchase of the driveway land and save themselves the trouble and expense of going to court.
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