News & Analysis as of

Title Insurers Face a Decade of New Challenges

Title insurers have emerged from a tumultuous decade. In 2004, amid a record housing boom and unprecedented wave of refinancing, insurers could barely keep up with intense pressure to sign up more issuing agents to close more...more

Real Property, Financial Services & Title Insurance Case Law Update: Weeks Ending February 21 And 28, 2014

I. FLORIDA STATE CASES – JOURDAN HAYNES & ILAN NIEUCHOWICZ - Relation-Back: amended complaint naming third-party defendant as defendant relates back to filing of third-party complaint where (a) third-party complaint...more

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending February 14, 2014

I. FLORIDA STATE CASES – SARA WITMEYER - Arbitration/Waiver: defendant waived right to arbitration by defending against claim of replevin in court litigation for two years – Gen. Elec. Capital Corp. v. Bio-Mass Tech,...more

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending January 24, 2014

I. FLORIDA STATE CASES – JOURDAN HAYNES - - Condominiums: given ambiguity in Condominium Act’s escrow requirements (Fla. Stat. § 718.202) and fact that willful violation of same by developer carried criminal penalties,...more

Real Property, Financial Services & Title Insurance Case Law Update: December 2013

I. FLORIDA STATE CASES – SASHA FUNK GRANAI - Final Judgment: final judgment not final appealable order where related claim for breach of note remained – Centennial Bank v. NFP 1, LLC, No. 1D13-4516 (Fla. 1st DCA Dec....more

Real Property, Financial Services & Title Insurance Case Law Update: November 2013

I. FLORIDA STATE CASES – SARA WITMEYER & SASHA FUNK GRANAI - - Implied Warranties of Fitness and Merchantability: warranties apply to improvements that provide essential services to residential subdivision, including...more

McAfee & Taft AgLINC - Fall 2013: More than just a handshake - Due diligence, purchase contract required for real estate purchases

In western Oklahoma, where this author was born and raised, a handshake is often all that takes place to solidify a deal for the sale or purchase of a piece of land. The need for a purchase contract or anything other than a...more

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending October 25 & November 1, 2013

I. FLORIDA STATE CASES – SARA WITMEYER & JOURDAN HAYNES - - Receiver: court’s inherent equitable power to appoint receiver over non-profit condominium association not limited to categories set forth in Florida Statutes...more

Of Boats, Dining, and Zoning: Virginia Supreme Court Decides Old Dominion Boat Club v. Alexandria City Council

On October 31, 2013, the Virginia Supreme Court decided Old Dominion Boat Club v. Alexandria City Council, et al. The case involved ongoing litigation between the Old Dominion Boat Club (ODBC), the City of Alexandria, and...more

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending October 4, 2013

I. FLORIDA STATE CASES – JOURDAN HAYNES & CHRIS SMART - MRTA: marketable record title act represents codified limitation on title insurer’s obligation to research public records in connection with issuance of title...more

Real Property, Financial Services & Title Insurance Case Law Update: Weeks Ending August 9 & 16, 2013

I. FLORIDA STATE CASES – JOURDAN HAYNES & ILAN NIEUCHOWICZ - Slander of Title: slander of title counterclaim barred by statute of limitations could not be brought as recoupment claim to avoid limitations because it...more

The Top Ten Points To Watch For In Commercial Real Estate Contracts: Point #3 – What’s the property and how good is its title?

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

Maryland High Court's Finding of Tort Liability for Deficient Title Search has Implications for Title Companies and Underwriters

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 Insurers Not Liable For Agent's Negligence

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

Title Insurance Overview

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

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