The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more
Obtaining a return on a tax lien investment can have a long time horizon in Georgia. After purchasing a tax lien, an investor must wait at least a year before foreclosing the right of redemption of the tax debtor, taking...more
On July 31, 2024, the New York Supreme Court, Appellate Division: Second Department affirmed the dismissal of a quiet title action, which sought to discharge a mortgage as time-barred under the Foreclosure Abuse Prevention...more
Yesterday, the Court of Appeals of Virginia issued an important decision regarding two often troubling elements under Virginia law regarding proving a claim of adverse possession....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
Fletcher v. Merritt resulted in several rulings on the proof required to prevail in a property dispute. Merritt filed a trespass to try title suit (actually a quiet title, which the court construed as TTT) against Fletcher...more
In May 2021, Money and Dirt covered a case published by California’s Second Appellate District — Tsasu LLC v. U.S. Bank Trust, N.A. — holding that under Code of Civil Procedure section 764.060 (part of California’s Quiet...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
The Supreme Court issued a single opinion yesterday. Wilkins v. United States concerns a property rights dispute between the federal government and two owners of land near the Bitterroot National Forest in rural Montana to...more
On March 28, 2023, the U.S. Supreme Court decided Wilkins, et al. v. United States, No. 21-1164, holding that the Quiet Title Act’s 12-year limitation period is a “nonjurisdictional claims-processing rule” that does not...more
Today, the Supreme Court of the United States issued one decision: Wilkins v. United States, No. 21-1164: This case considered the question of whether the 12-year statute of limitations in the Quiet Title Act is...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
Owners of real property generally understand that their property rights can be impacted by litigation in which they are a party. However, what’s less clear, but perhaps equally important to understand and guard against, is...more
On February 15, 2022, the Ohio Supreme Court issued a significant decision in Peppertree Farms, L.L.C. v. Thonen establishing that, unless expressly stated otherwise, an oil and gas royalty interest retained in a 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 California has ruled that the state’s Quiet Title Act insulated a third party from the...more
Under California law, a grant deed is generally understood to transfer the entire fee title interest in real property, unless it expressly states otherwise. (See, e.g., Civil Code sections 1105 and 1113.) If the seller wants...more
The First Appellate District held that tribal sovereign immunity bars a quiet title action to establish a public easement for coastal access on property owned by an Indian tribe. Self v. Cher-Ae Heights Indian Community, 60...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 a title insurance policy excluded coverage for a “Declaration and...more
If you aren’t quite sure about the difference between trespass to try title and suit to quiet title, Lockhart as Tr. of Lockhart Fam. Bypass Tr. v. Chisos Mins., LLC explains. ...more
Under California’s Quiet Title Act, a third party who acts in reliance on a quiet title judgment retains its property rights even if that quiet title judgment is later declared void as long as the third party qualifies as a...more
Claims for quieting title to real property can be governed by different statutes of limitations periods. But a common issue in quiet title cases is when the statute of limitations period starts running....more
As drilling activity and production in the Appalachian region stabilized (and even began to move upward) at the end of 2020, class actions continue to be used in creative ways by plaintiffs raising a variety of claims and...more
Ohio oil and gas stakeholders received another landmark decision from the Ohio Supreme Court in West v. Bode, 2020 — N.E.3d — 2020 WL 7049820 2020-Ohio-5473. Specifically, the Court held that both the Marketable Title Act...more
A recently issued opinion by the Court of Appeal, Fifth Appellate District tells a cautionary tale regarding a lender’s failure to name a junior lienholder in its initial judicial foreclosure action. In Cathleen Robin v....more
A trial court in New York has ruled that a title insurance policy excluded coverage of claims against the insured for easements implied by law. The Case As the court explained in its decision, in April 2014, 1267 Rogers...more