Title Insurance and Your Transaction
A significant change to one of the standard title insurance forms recently took effect. The new 2016 ALTA Commitment with Florida Modifications both streamlines the existing features of the title insurance commitment and, for...more
REAL PROPERTY UPDATE - Adverse Possession: appellant entitled to judgment quieting title in her favor because appellant’s predecessor in title had adversely possessed disputed strip of land by having it enclosed by a...more
REAL PROPERTY UPDATE: Tax Deed Sale/Due Process: after certified letter notifying property owner of tax deed sale returned unopened and unclaimed, due process required clerk of court take reasonable steps to notify...more
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
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
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
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
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