Title Insurance and Your Transaction
A rapidly growing area in the real estate industry is the development and operation of data centers. This growth market comes with its challenges for real estate developers and investors, and of course, the attorneys...more
When it comes to real estate, almost every purchaser acquires an owner's title insurance policy. But what about tenants? Not every tenant opts for a leasehold title insurance policy, and deciding whether to pursue one...more
Womble Bond Dickinson Partners Kristen Thall Peters, Tara Gorman, and Jeff Golimowski, members of the Womble Data Center Team provide guidance for data center developers acquiring real estate....more
Yesterday, the Court of Appeals of Virginia held that when a deed conveys “all that certain tract or parcel of land, consisting of a . . . right of way,” that right of way is conveyed in fee simple, not as an easement. In...more
When it comes to title insurance, Texas is an anomalous state. Most states are “ALTA states” and use title insurance forms that the American Land Title Association — a trade association representing the title insurance...more
Lenders get into a groove with originating loans with existing and new borrowers. So often, the closing comes and goes, and the monthly payments commence without any trouble. But then a borrower comes along who seeks to...more
The American Land Title Association (ALTA) is considering approval of a new Energy Project Endorsement for owner's and loan policies at its spring session. The endorsement (proposed as the ALTA 36.9) Energy Project – Minerals...more
Fernandez v. Old Republic Nat’l Title Ins. Co., Fla. 3d DCA, No. 3D23-1088, December 4, 2024 - The Third District Court of Appeals reversed a trial court’s ruling and ordered the insurance carrier, Old Republic National Title...more
Yesterday, the Court of Appeals of Virginia issued a significant opinion in Thibault Enterprises, LLC v. David A. Yost, et al., Yost Living Trust, a case involving a dispute over a 50-foot granted easement for ingress and...more
Dear Jonathan: Can you please explain what the difference is between a financial durable power of attorney and a health care durable power of attorney....more
KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER FLORIDIAN LAW - I. STANDARD FORMS OF AGREEMENTS - A. Purchase and Sale Agreement sets forth the complete terms of the purchase and sale including, among other things, price,...more
KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CANADIAN (QUÉBEC) LAW - Unlike the other Canadian provinces and territories, which are all common law jurisdictions, Québec is a civil law jurisdiction. It is governed by the...more
KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CANADIAN (ONTARIO) LAW - INTRODUCTION - Canada, a bijural country, utilizes both common and civil law. Except for Québec, a civil law jurisdiction, the common law operates in...more
Title insurance is issued using standardized forms of policies and endorsements. The most commonly used forms for commercial properties are those promulgated by the American Land Title Association (ALTA), a nationwide title...more
On October 15, FinCEN renewed its Geographic Targeting Orders (GTOs) requiring U.S. title insurance companies to report the identities of individuals behind shell companies used in non-financed residential real estate...more
On October 24, the District of Columbia Office of the Attorney General (D.C. AG) announced a $500,000 settlement with a title insurance company accused of an illegal kickback scheme. The D.C. AG alleged the company offered...more
In a victory for all insureds who have title insurance policies, and possibly a victory for insureds under other real property related insurance policies, the California Court of Appeal in Tait v. Commonwealth Land Title...more
When it comes to registered title, we take comfort in it being right—its record, indefeasible. The land titles registry is the root of our confidence in the state of title. Registered instruments are, by virtue of their being...more
On August 29, the Attorney General for the District of Columbia (DC AG) released four assurances of voluntary compliance against several real estate companies for allegedly using “illegal kickback schemes” in the title...more
What is TIRSA? The Title Insurance Rate Service Association (TIRSA) is an organization licensed by the New York State Department of Financial Services that provides guidelines for the pricing and availability of title...more
District of Columbia AG Brian Schwalb has settled with Allied Title & Escrow, LLC, KVS Title, LLC, Union Settlements, LLC, and Modern Settlements, LLC, along with affiliate entities to resolve an investigation into...more
On August 29, the DC Attorney General’s office announced settlements with four title insurance companies over their widespread use of illegal kickbacks in violation of DC’s Consumer Protection Procedures Act (CPPA). Under the...more
When considering whether to enter into a contract to buy or sell property, you may come across various types of deeds by which title may be transferred. In Washington State, there are three common types of deeds that may be...more
Does a seller of commercial real estate really need an attorney? I get asked this question often, and the resounding answer is "yes!" Often, sellers of commercial real estate assume they can rely on the buyer's attorney or...more
As a ready reference for real estate industry professionals utilizing title insurance, below is a comparison and limited analysis of certain aspects of the annual financial statements of a cross section of active title...more