Public Mediation

Kenton & Lisa Hagner vs. First American Title Insurance Company

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First American Title Insurance Company is a big evil fraudulent company!

L. H. vs. First American Title Insurance Company
8310 S Valley Hwy Ste 130, Englewood, Colorado, 80112-5878, United States
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
      (seeking public comment)
    • Claimant Seeks: View.
    • Claim #: 2671378
    • Amount Involved: 624,000.00
    • Filed On: Jul 06, 2018
    • Posted On: Jul 17, 2018
    • Complaint(s):
      • Bad business practices
      • Problem with a service
      • Customer service runarounds
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Statement of Claim
Claimant says:
"My husband and I purchased our home February 2018. The home is on almost 1/2 acre of property, which we needed, as we have a large 40' bus, a large 24' utility tailer, a large box truck, a flatbed trailer, a small trailer, a side-by-side CanAm Commander, my two daughters live with us, so there two additional Jeep Patriots all of which we would like to be able to park in our back yard. However-
There is a driveway that comes into our backyard from the neighbor's property adjecent to our property. Their property and our property used to be one united piece of property until about 2008, when that parcel was sold to Habitat for Humanity, and a house was brought in and sat on that property. There was never assiged a "permanent easement" on that driveway, but previous owners were all allowed a "license agreement" with Habitat, and allowed access on that driveway into what is now our back yard. 
When we purchased this home and property, the License Agreement was not discosed to us by First American Title Company. The lack of access into our back yard was not disclosed to us by First American Title Company. We received a letter from Habitat for Humanity letting us know that the License Agreement had been cancelled, and that it was not in any way renewable, and that we were not allowed access into our yard, and if we used the driveway we would be trespassing.
It took me several weeks to do some research, and talk to the city land managers, and talk to a land attorney, to learn that First American Title should have disclosed this information, and since they did not, that they should now create an access for us into our back yard.
I hired an attorney and on May 1st 2018, he sent our first demand letter to 1st American Title Company, who then assigned it to Atty Amy O'Connell. She responded on May 15th, denying any possible coverage under the claim and their coverage. My attorney sent a response on May 17th 2018, and we did not receive a response until today July 6 2018, (two months later) once again denying any coverage to the claim.
The property is setting on a 45 degree slant, and the property on each side is so narrow and so steep that we cannot create a driveway access for ourselves. Habitat for Humanity demanded 10,000 square feet for their property, which caused them to parcel out the property from land that should have been our property. We would need a 7 foot strip of their land in order to create a permanent access driveway for our property. Theneighbor has been very unworkable, and Habitat has washed their hands of it.
Since purchasing the property in February, I have learned why the last two owners have sold this property. And it is specifically due to the lack of access into the back half acre. Therefore I am deeming First American Title guilty of selling an unsellable title, and being deceitful about access to the property.
I have my boxtruck stuck on the street out front, and if it is not moved it will be ticketed and towed.
I have my sidebyside CanAm Commander stuck in my backyard, and would like to be able to get it out and play with it while it is good weather.
My daughter lives in the downstairs area and would like to be able to drive into her own garage &/or carport.
I need to mow the back yard and care for it - and it is all dying or overgrowing.
According to your Title Insurance, you guarantee access to ALL of the property - therefore you need to make that happen."
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What Claimant Wants Hide
1. Full refund for the property Jul 24, 2018 $329,000.00
2. Purchase the 7 foot strip of land and put in a driveway Jul 24, 2018 $20,000.00
3. Purchase the lot behind us so we can use that access Jul 24, 2018 $275,000.00
4. Other – Copy claim to regulators Jul 24, 2018 $14.99
5. Other – Pay for claim posting cost Jul 24, 2018 $14.99
6. Other – Physical delivery charges Jul 24, 2018 $4.99
Cash total : $624,034.97
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Respondent's Counteroffer

There has been no response to this claim from First American Title Insurance Company. This claim will remain posted until resolved
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  • Contributed Solution: by Maggie Mae On 11-27-2018
    Pursue the seller and possibly the broker for fraudulent non-disclosure, and file a complaint against First American with your insurance commissioner More...
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  • 1
  • Contributed Solution: by Claimant On 08-29-2018
    I WOULD BE WILLING TO SETTLE THIS MATTER IF YOU WOULD REIMBURSE US FOR ACTUAL COSTS OF $50,000. In order for us to have access to "all" of our property, we now have "actual costs" for access to our property, which includes: 1. 5 trees being removed, 2. cement stair removal, 3. driveway grading, 4. Utility lines being moved, 5. retaining walls, 6. driveway cement/concrete, 7. land purchase, etc. The actual cost is close to $50,000. We therefore would close this case if we could receive reimbursement for these costs totalling $50,000. Sincerely, Kenton & Lisa Hagner
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Is this a fair resolution?
  • 1
  • Contributed Solution: by Andrey Silkov On 08-05-2018
    Страховая компания должна внимательней и справедливей подходить к работе с клиентами
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Is this a fair resolution?
  • 1
  • Contributed Solution: by George Maxwell On 07-31-2018
    Seller, agent and title company should split the $20,000 cost of purchasing land and driveway. More...
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