Title Insurance and Your Transaction
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
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
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
For those of you who question whether an owner’s policy of title insurance is a waste of money, please remember that examining title is still an essential component of due diligence investigations. Real estate investments are...more
Michael Heller’s, Matthew Spero’s and Lawrence Han’s Winter issue of the Title Reporter was published in the Real Estate Finance Journal. This article discusses the following court rulings and other title insurance-related...more
Fine Art Title Insurance Artwork title insurance reimburses an insured if another owner makes a claim to the title of a piece of artwork that the insured purchased. This is an important coverage, which is often purchased...more
I’ve heard that more than once. I have also heard that if I have a title search or title commitment which doesn’t identify any issues, I’m in the clear. Statements like these are shortsighted and show a misunderstanding of...more
Here is what we cover in this issue of Title Insurance Update Winter 2024: •The U.S. Court of Appeals for the Eleventh Circuit, affirming a decision by the U.S. District Court for the Northern District of Florida, has ruled...more
On November 27, the NYDFS entered into a consent order with a title insurance company, which required the company to pay $1 million for failing to maintain and implement an effective cybersecurity policy and correct a...more
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •A trial court in New York has dismissed a negligence action against a title company brought by a developer, ruling...more
If you are purchasing residential or commercial real estate, you may have heard the term “title insurance” bounced around. Title insurance is very important and protects your legal claim to the title of your real estate. In...more
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •An appellate court in Arkansas, affirming a trial court’s decision, has ruled that a title insurer had properly...more
Title insurance is a popular form of protection for residential and commercial real estate buyers and their lenders against title-related issues that may arise after closing. It provides peace of mind for all parties...more
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry •A federal district court in New York granted summary judgment in favor of a title insurance company and its...more
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry •A federal district court in New York has rejected a lawsuit filed by insureds under a title insurance policy...more
Eviction / Default Judgment / Due Process: Tenant was denied due process when court prematurely and summarily entered an eviction judgment without hearing case despite tenant’s repeated, prompt, and substantive filings in...more
Real Property Update - Statute of Limitations / Deed / Reverter: City’s argument that grantor’s lawsuit, alleging that grantor’s deed to city terminated and reverted to grantor, was barred by section 95.36(1) because deed...more
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry •An appellate court in New York has ruled that an exclusion in a title insurance policy precluded coverage of a...more
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •A federal district court in Montana has ruled that a conveyance of property by policyholders under a title...more
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •A Delaware trial court has ruled that plaintiffs suing a title insurer for breach of a title insurance policy...more
Financial Services Update - TILA & RESPA / Business Purpose: Plaintiff’s loan was a business loan based on court’s review of the Ninth Circuit’s five-factor test to determine whether a loan was obtained primarily for...more
Real Property Update - Foreclosure / Reverse Mortgage: Surviving spouse who did not sign the note did not qualify as a “borrower” by signing the mortgage and related documents – OneWest Bank, N.A. v. Leek-Tannenbaum, No....more
As part of an effort to revamp and modernize title insurance policies and land surveys, this year, the American Land Title Association (ALTA) and the National Society of Professional Surveyors (NSPS) updated their standards,...more
Financial Services Update - RESPA / Qualified Written Requests: Loan servicer did not violate RESPA by acknowledging receipt of a qualified written request one day after RESPA deadline because plaintiffs suffered no...more