Fidelity National Title Settles Lawsuit

Allison Tussey —  January 17, 2013 — 5 Comments

Fidelity National Financial, Inc., Jacksonville, Florida, has entered into a settlement in the amount of $873,588 with California district attorneys in an unfair competition lawsuit regarding Fidelity National‘s Transaction Point real estate software system. The San Diego District Attorney’s Office will receive a total of $302,862 from the settlement. San Diego County was co-counsel with the District Attorneys of Ventura and Los Angeles Counties in this civil consumer protection judgment, filed in Ventura Superior Court and entered by Superior Court Judge Frederick Bysshe.

In the civil complaint filed under California’s Unfair Competition Law, the district attorneys allege that Fidelity National operated a software platform, called Transaction Point, for real estate brokers and other settlement service providers in California which system facilitated unlawful secret payments to the brokers for the referral of business to title insurers and other service providers.

Fidelity National developed the Transaction Point software and its Web-based referral system in 2002 to assist brokers in preparing transaction documents and ordering related real estate settlement services, such as escrow, title insurance, and natural-hazard disclosure services. However, the district attorneys allege that Transaction Point also was used by the brokers to charge and collect unlawful fees of $25 or more from providers of those services, including from service-providers affiliated with Fidelity National, which made these payments on their behalf. Fidelity National ceased operating the Transaction Point system in late 2009 when the system was questioned by authorities.

Under the terms of the stipulated final judgment, which was entered without admission of liability, Fidelity National Financial, Inc. is prohibited from paying any real estate broker that places an order with Fidelity National for title insurance or other goods or services using Transaction Point or any substantially similar computerized order placement platform, or paying a fee to any real estate broker for the use of any substantially similar computerized system.

Fidelity National also agreed to pay a total of $873,588, consisting of $123,588 in investigative and prosecution costs and $750,000 in civil penalties pursuant to the Unfair Competition Law to be divided among the three counties that prosecuted the matter.

San Diego County District Attorney Bonnie Dumanis announced the settlement.

The San Diego District Attorney’s Office will receive a total of $302,862, including $250,000 paid as civil penalties, $32,862 paid as investigative and prosecution costs, and $20,000 paid as consultant costs.

The prosecutors noted that Fidelity National cooperated fully in the investigation and in the negotiations leading to this settlement.

“Consumers deserve the benefits of competition when they buy homes and choose service providers and these secret payments in exchange for referrals violated expectation,” DA Dumanis said. “We bring enforcement actions like this to ensure that free and fair competition – and not an undisclosed referral payment – determines who provides each real estate settlement service.”

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5 responses to Fidelity National Title Settles Lawsuit

  1. christina padovani Kapper January 20, 2013 at 5:46 pm

    This is good news, except what is happening to the people who had their houses stolen like myself??

    • C Padovani …She is a Thief and Drug addict, that rips peoples houses under the guise of house cleaning … She should be in jail for Robbery … under investigation by Zurich Ins.

      • christina padovani Kapper May 27, 2014 at 10:40 pm

        Mr Williams I would encourage you to contact me via your response. I would be happy to show you my findings. I am not a thief or a drug addict, I am a person who has lost her entire world to greedy corrupt individuals who would smear my character to continue to steal from the American people and the American dream. There are several Christina Padovani’s, if you indeed are looking for the right person who was married to Mark Dean Kapper, I am the one you do want to talk to. I submitted a private email to this blogger as soon as I discovered what I discovered, long before there was any media attention on the massive fraud taking over our country and abroad. I also contacted law enforcement with the El Dorado county police department, Stopfraud,gov, Scottsdale Police department and Mr Kapper other ex wife who should have received a substantial amount of money from the sale of DTSI, which was bought by Professional Transportation Group, which ironically was affiliated with Bank Of America and La Salle bank. If you look at the recordings of the above mentioned properties, you will find several discrepancy on both properties. You will also find that Mr Kapper soon to be next wife(wife #4) had a online medical billing company as well as real estate ties. There have been several judges now being charged for their involvement of this ongoing crisis in our country.Judges, lawyers and agents can certainly be bought for a price. I have nothing left except the horrible memories of being kicked out of my homes, with my children looking at me with tears in their eyes. I am not so sure why you would make these claims on this site, unless you have been privy to medical records from my past. Which again infuriates me to no end that any insurance company or anyone in a medical profession can obtain records that are supposed to be private. You may want to look at an individual by the name Howard Kapper who is also in the insurance business under a fictitious name and trade name. I do believe that it is the same person as Mr Kapper as he was very savey of knowing the business of LLC’s and trade names. One of his attorney’s Ross Anderson who is a part of the California state bar is skilled in this area as well. Perhaps who may want to look in some of the Nevada, Florida, California and Arizona of the fictitious names as agents for Mr Kapper, You will find that he was an agent for Executive Trustee Services as well as National Registered agents which changed their names several times. Again I have several documents that seem to shed some light here and I would be happy and grateful to share what I have. I gave you my personal telephone number and gave you my post office number for any correspondence. If I were a thief and a drug addict I would have never been able to find the things that I found. My only hope is that perhaps my information and findings may be useful for others to never have to go through this kind of hell again. Yes I clean houses because at this point that was all I could do so I could eat and live. You knocked on my door so contact me.

  2. christina padovani Kapper May 27, 2014 at 7:37 pm

    I do not know who you are Bob Williams but I can assure you I have nothing and was dubbed by my ex husband Mark Kapper. I have never ripped anyone off but I am a victim. I have bank records to prove anything. If you would like to investigage me please do. I would be happy to provide your insurance company with bank records, documents to prove anything. I have had problems before, those I am not proud of, However that does not make me a criminal but someone in need of help. If you would like to contact me I am now located in Sebastopol, California. I can be reached at 707 548-3883. Call me please or send me a notice via by my post office box 413, Graton California 95444. I want you to know that I filed a complaint as soon as I saw the alleged fraud with the Department of Justice. Before you judge a book by its cover find out what is inside. All I know is that I was foreclosed on twice. Once in 337 Barton Court, Nevada where two separate apn# where used on the property…..one used for a bk and one used for the sale. The other 3524 Pinecrest, South Lake Tahoe California, I was foreclosed on after a modification process that did not go through. The bank records show a transfer from Fidelity into Mark Kapper and Cindy F Levines bank account with B of A. two days after my dissolution was final Dec 14, 2010. Would you like to see the records. Ask for them I would be happy to show you my findings.

    Sincerely,

    C. Padovani aka christina Kapper, christina Padovani Kapper

  3. Christina Acosta July 22, 2014 at 5:54 pm

    Were you dealing with FNTG or Fidelity National Title Group? I have an interview with them and they seem very suspicious. They would not give me the name of their company, which is very suspicious. I’m sure they must be hiding something. Their company is in Newport Beach. If this company rips people off, I don’t want to be associated with them.

    Any information would be helpful. I’m sorry for all your troubles and losing so much to a scam.

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