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Improperly Indexed Mortgage: How Far Does Your Record Review Need to Go to Be Safe?

Albert v. Green Tree Servicing, LLC (In re El Erian), 512 B.R. 391 (Bankr. D. D.C. 2014) – A chapter 7 trustee sought to avoid the lien of a recorded deed of trust because (1) it contained both correct and incorrect...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

In-House Loan Modifications In South Carolina Are Not The Unauthorized Practice of Law

?The South Carolina Supreme Court recently issued two opinions concerning the unauthorized practice of law in real estate transactions. Under earlier Supreme Court cases, five aspects of a real estate loan or mortgage...more

Real Estate Tip – Permitting: A $48m Lesson on the Importance of Notifying All Neighbors

In a recent Missouri case, a landlord lost a very significant commercial tenant and a title search company lost $48 million because of an incomplete permitting process. The tenant sued the title search company for failing to...more

Things To Consider When Buying Waterfront Property

It is always a good idea to seek the advice of experienced counsel before purchasing any real estate. In addition to issues raised in connection with any purchase of real estate, the following are particularly relevant if you...more

Court of Appeals Rules that Title Companies Owe Duty of Care in Tort when Conducting Title Searches

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

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

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