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Bad Faith Title Insurance

Rivkin Radler LLP

The Title Reporter — Spring 2022

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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

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 9, 2021

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Real Property Update - Foreclosure / Damages: Party seeking foreclosure failed to present competent, substantial evidence to prove the total amount owed on the note – Adamson v. Main Street Oaks, LLC, No. 2D19-3805 (Fla....more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending June 12, 2020

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Real Property Update - Foreclosure / Rule 1.491: Recommendation of immediate default entered by general magistrate violated the notice requirements of Rule 1.500, and was objectionable, but borrower waived the right to...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending October 4, 2019

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Real Property Update - Foreclosure / Bankruptcy / Surrender: borrower cannot challenge judgment of foreclosure entered upon judicial notice of his statement of intention to surrender the property and order of discharge...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending August 23, 2019

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Real Property Update - Foreclosure Sale: borrowers failed to allege adequate equitable factors and make proper showing to justify setting aside foreclosure sale, but instead re-litigate issues determined in underlying...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending April 5, 2019

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Real Property Update - Foreclosure / Standing: bank cannot rely solely on its acquisition of prior lenderto prove standing where note was specially indorsed to prior lender - Certo v. The Bank of New York Mellon, No....more

Carlton Fields

Title Insurance Update: Week Ending January 18, 2019

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Title Insurance Update - Bad Faith: granting title insurer summary judgment and holding that bad faith claim under Alabama law requires a contract claim so strong that a prejudgment verdict would be required on it - Fidelity...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: Released after 11:30 a.m. SC19568, SC19569 - Mayer v. Historic District Commission - The statutory grounds for aggrievement for zoning appeals do not apply to Historic...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending April 14 & 21, 2017

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REAL PROPERTY UPDATE - Foreclosure/Attorneys’ Fees: mortgage foreclosure plaintiffs seeking attorney’s fees must support their claim with competent, substantial evidence of the number of hours worked and evidence that...more

Carlton Fields

Real Property & Title Insurance Update: Weeks Ending September 23 & 30, 2016

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REAL PROPERTY UPDATE - Foreclosure/Hearsay/Business Records: trial court abused its discretion by excluding the mortgage records, which included records from a prior servicer, where plaintiff’s witness demonstrated...more

Carlton Fields

Real Property & Title Insurance Update: Weeks Ending June 24 & July 1, 2016

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REAL PROPERTY UPDATE - Foreclosure/Leave to Amend: borrower should have been granted leave to amend to assert affirmative defenses pursuant to motion filed 13 days before trial because there was no prejudice, the...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending February 12 & 19, 2016

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REAL PROPERTY UPDATE - - Foreclosure/Discovery: trial court erred by declining to rule prior to trial on borrowers’ motion in limine seeking to exclude evidence contrary to bank’s “technical admissions” established by...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending January 29 & February 5, 2016

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Real Property Update - Foreclosure/Standing: filing of original note and mortgage with assignment after complaint filed does not establish standing to sue at inception of suit where endorsement undated and assignment...more

Cozen O'Connor

Virginia Holds Determination Whether Insurer Acted In Bad Faith Must Be Made By The Judge And Not The Jury

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This country’s courts are split on whether the decision to award attorney’s fees in bad faith litigation should be made by the judge or the jury. Earlier this fall, Virginia aligned itself firmly with the former in Revi, LLC...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Week Ending September 25, 2015

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REAL PROPERTY UPDATE - Foreclosure/Standing: plaintiff failed to meet the requirement of pre-suit ownership for standing where, although assignment contained a purported effective date before complaint was filed, it was...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending December 12-26, 2014 & January 2, 2015

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REAL PROPERTY UPDATE - - Quiet Title: investor who pooled money with two other entities to purchase property could not quiet title after the two entities recorded second version of deed that omitted investor’s name...more

Saul Ewing Arnstein & Lehr LLP

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

Saul Ewing LLP

Bad Faith Sentinel - October 2013

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In This Issue: - Wisconsin Court of Appeals: Insurer Does Not Commit Bad Faith by Refusing to Pay the Undisputed Portion of an Insured’s Claim Where the Policy Does Not Require Payment - Southern District of...more

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