As I have discussed in the past, North Carolina’s General Assembly recently introduced the concept of Mechanic’s Lien Agent (MLA) into our state’s lien laws to address so-called “hidden liens” that have long been a thorn in...more
What’s the property and how good is its title? Today’s topic can be reduced to a very simple question: as a real estate purchaser/investor, how do I get all of the property I’m paying for, with no unpleasant investment...more
The New Jersey Department of Banking and Insurance ("NJDOBI") issued a Bulletin to title insurance companies and producers and to real estate brokers, broker-salespersons and salespersons advising them of the restrictions on...more
In the case of 100 Investment Limited Partnership v. Columbia Town Center Title Co., the Maryland Court of Appeals was asked to determine whether a title company owed a tort duty of reasonable care to its customer, the...more
In This Issue: - Settlement of Michigan Lending Discrimination Lawsuit Underscores Regulatory Focus on Equal Access to Credit - Industry Employers Should Prepare Now for Health Care Reform - Title Insurers Not...more
In its recent decision in Entitle Ins. Co. v. Darwin Select Ins. Co., 2013 U.S. Dist. LEXIS 14218 (N.D. Ohio Feb. 1, 2013), the United States District Court for the Northern District of Ohio had occasion to consider whether a...more
The South Florida housing market is recovering after taking a big hit during the 2006 housing crisis. According to the Case-Shiller Home Price Index released January 30, prices in Palm Beach, Broward, and Miami-Dade counties...more
A recent decision by the Maryland Court of Appeals makes it clear that title companies and underwriters may now be susceptible to tort liability for negligence under Maryland common law....more
Title insurance companies can enforce exculpatory provisions in title insurance policies that exclude liability for tort claims based on a negligent title search performed by an agent, Maryland's highest court has ruled....more
Ten years ago, a California Court of Appeal took a relatively narrow view of the attorney-client privilege in conjunction with claims investigation and analysis conducted by a title insurer’s in-house counsel....more
When you purchase real estate, it is crucial that you obtain a property with clear ownership or “good title.” You obtain title to property when the owner signs the deed (transfer document) over to you. Title is then...more
A class action is a lawsuit where one or members of a class may sue or be sued as representative parties on behalf of all members. The class action must have the characteristics of commonality, adequacy, numerosity, and...more
In Campbell v. First American, a federal judge in Maine has issued a ruling decertifying a class action involving claims that First American Title Insurance Co. overcharged refinance customers for their title insurance....more
No matter the time of year, an unknown lien against income producing assets may turn the jolliest landlords and tenants into humbugs. Owner’s or leasehold owner’s title insurance policies protect real estate interests, but as...more
A recent case provides a reminder about the importance of title insurance in making loans secured by real property. In JP Morgan Chase Bank, N.A. v. Banc of America Practice Solutions, Inc. (2012) 209 Cal.App.4th 855, JP...more
Credit seems to be more available for commercial real estate. For example, I know of one commercial real estate lender working on a construction to permanent loan program. This type of lending blends two types of loans: a...more
A number of significant changes to North Carolina’s lien and bond statutes were just signed into law. In part, these changes are in reaction to concerns from the title insurance industry about so-called “hidden” liens, the...more
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