Commercial Real Estate Insurance Finance & Banking

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Full Credit Bid Causes Loss of Insurance Proceeds

A recent case serves as a reminder of one of many risks posed by making a full credit bid at a foreclosure sale: the lender may lose the right to recover insurance proceeds for pre-foreclosure damage to the foreclosed...more

7th Circuit Dusts off the Erie Crystal Ball on Title Insurance Defense

Lawyers generally enjoy prognosticating future developments in the law. Under the Erie doctrine, federal judges have a legitimate need to engage in this pastime. Recently, in Philadelphia Indemnity Ins. Co. v. Chicago Title...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending October 24, 31 & November 7, 2014

REAL PROPERTY UPDATE - - Commercial Landlord Duty: commercial landlord has no common law duty to provide automatic external defibrillator in its stores for use in medical emergency – Verdugo v. Target Corp., No....more

New California Case Illustrates Peril of Full Credit Bid

In a new California case, a lender that made a full credit bid at a foreclosure sale lost its right as mortgagee under a lender’s insurance policy for damage to the property that occurred prior to foreclosure. This was so...more

Eastern District Of Pennsylvania: Closing Protection Letter Does Not Constitute “Insurance” For Purpose Of Statutory Bad Faith...

Bancorp Bank v. Lawyers Title Insurance Corp. , No. 13–6103 , 2014 WL 3325861 (E.D. Pa. Jul. 8, 2014). Eastern District of Pennsylvania explains that while Closing Protection Letter may be an indemnity contract, it is...more

Thoughts On Mortgagee Title Insurance Policies

Banks are, once again, making real estate secured loans in Florida. Those in the industry will undoubtedly be aware of the fact that most lenders require a mortgagee title insurance policy to insure their mortgage lien on...more

Provision in Lender's Title Insurance Policy Reducing Amount of Insurance by "Payments Made" Does Not Include Lender's Full Credit...

In the case of Bank of Idaho v. First American Title released June 17, 2014, the Idaho Supreme Court covered some new ground and revisited some old ground....more

HUD Issues New Handbook for Long Term Care Financing Under Section 232

On May 22, 2014, HUD published a new Handbook covering its Section 232 Healthcare Insurance Mortgage Program, which insures HUD-approved lenders against financial loss from mortgage loan defaults in loans to qualifying long...more

Real Property, Financial Services & Title Insurance Case Law Updates

I. FLORIDA STATE CASES - Quiet Title: deed reservation of right-of-way in favor of State, which applied only to tracts of land of 10 acres or more, did not attach to title of landowner of less than 10 acres and,...more

Lenders' risk: Who really owns the collateral?

Unlike real estate transactions where a lender can obtain title insurance, secured lenders are often relying upon the representations and warranties in their loan agreement and the borrower’s audited financial statements, if...more

"Loss Payee" v. "Lender Loss Payee": How the Difference of One Word Can Prevent a Secured Lender's Recovery on Insurance Proceeds

As a secured lender, you take a security interest in your borrower’s inventory and/or equipment and then perfect under applicable law. To further protect the value of the collateral supporting your loan, you confirm your...more

Washington Bars Insurers from Maintaining Legal Malpractice Suit Against Policyholder Defense Counsel

In Stewart Title Guar. Co. v. Sterling Savings Bank, et al., Wash. No. 87087-0 (October 3, 2013), the Washington Supreme Court held that a nonclient insurer may not pursue a malpractice claim against appointed defense counsel...more

Clarification of section 601AG of the Corporations Act 2001 (Cth) for claims made policies

On 10 September 2013, in Sciacca v Langshaw Valuations Pty Ltd [2013] NSWSC 1285, the Supreme Court of New South Wales held that, in relation to claims made policies, the threshold test of section 601AG of the Corporations...more

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending July 19, 2013

I. FLORIDA STATE CASES – STEFANIE LINCOLN - Litigation Privilege: litigation privilege, which protects actions taken in the course of and related to judicial proceedings from civil liability, applies to causes of...more

King & Spalding's Measure: The Middle East Quarterly Bulletin - Summer 2013

In This Issue: - Europe’s First Subordinated Tier 2 Sukuk: Asya Sukuk Company Limited - Amendments to the SCA Regulations in the UAE - Regulation Key to Dubai Real Estate Strength - Gulf Property Investors...more

Resolving Environmental Issues in a Real Property Transaction

Prices for commercial properties are rising. Investors are buying commercial properties, malls and strip centers because returns are higher than other investments, such as government bonds. If you are considering buying or...more

Overriding Interest - Winter 2012

Highlighting developments and issues in the real estate industry - Winter 2012. In this issue: - Not Waving But Drowning - Client/Sector Focus - Our Residential Investment Practice - Case Summaries - New...more

Sandy and Beyond: Immediate Issues for Servicers and Lenders

A Non-Exclusive Checklist of Post-Sandy Items For Lenders and Servicers to Remember (From a part of the world that is still on a first-name basis with Sandy’s ancestors – Katrina, Rita and Ike). Superstorm Sandy and...more

Proposed Rules Could Change Penalty Box for Life Company Lenders

As commercial real estate lenders, life insurance companies have a unique approach on dealing with potential losses or loan loss reserves in their mortgage loans holdings. Unlike bank mortgage lenders, who apply their risk...more

The Devolution Of Appraisal In Insurance Disputes

Originally published in Insurance Law360 on October 15, 2012 Almost all property insurance policies contain a provision specifying “appraisal” as a means of resolving disputes over the amount of loss associated with a...more

Business Leasing and Finance News (BLFN) Summer Edition 2012

In This Issue: 1. Latest Decisions in Lease Accounting Project Cloud Industry’s Future 2. Aviation Industry Buffeted by FAA Plans for Non-Citizen Trusts 3. BLFN Case & Comment: Secured Creditors Win Back...more

The Significance of HMRC v Atlantic Electronics

The significance of HMRC -v- Atlantic Electronics....more

Tribunal ruling could see drop in legal costs

Tribunal Judgement could see drop in legal costs. ...more

Force-Placed Policies: Who Is Entitled To Benefits?

Article originally published in Insurance Law360 on October 12, 2011. Force-placed insurance policies — also referred to as “lender-placed” or “force place” policies — have been the subject of debate centered on the...more

Insured Closing Letters: What Attorneys Need to Know

Title insurance is a common form of protection for mortgage lenders and borrowers alike, but relatively few people know about and understand insured closing letters. Insured closing letters offer lenders additional and...more

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