When a business leases commercial space, it is common practice for the landlord to request that the company provide a personal guaranty, a protective measure taken to ensure landlords have recourse against a commercial lessee...more
Michael Heller’s, Matthew Spero’s and Lawrence Han’s Winter issue of the Title Reporter was published in the Real Estate Finance Journal. This article discusses the following court rulings and other title insurance-related...more
4/30/2024
/ Appellate Courts ,
Breach of Contract ,
Cure Periods ,
Easements ,
Insurance Industry ,
Property Owners ,
Purchase Agreement ,
Real Estate Transactions ,
Sheriffs Sale ,
Third-Party ,
Title Insurance
Here is what we cover in this issue of Title Insurance Update Winter 2024:
•The U.S. Court of Appeals for the Eleventh Circuit, affirming a decision by the U.S. District Court for the Northern District of Florida, has ruled...more
Here is what we cover in this issue of Title Insurance Update Autumn 2023-
• “Deed Theft: Recent New York Developments” explains that New York State prosecutors, and the New York State legislature, have been focusing on the...more
10/27/2023
/ Abatement ,
Adverse Possession ,
Breach of Contract ,
Closing Agents ,
Deeds ,
Denial of Insurance Coverage ,
Easements ,
Insurance Litigation ,
Non-Parties ,
Policy Exclusions ,
Property Ownership ,
Public Records ,
Real Estate Transactions ,
Theft ,
Title Insurance ,
Zoning Laws
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:
•A trial court in New York has dismissed a negligence action against a title company brought by a developer, ruling...more
6/22/2023
/ Action to Quiet Title ,
Adverse Possession ,
Commercial Property Owners ,
Cotenancy Provisions ,
Denial of Insurance Coverage ,
Easements ,
Entitlements ,
Federal Land ,
Insurance Industry ,
Insurance Litigation ,
Negligence ,
Property Tax ,
Title Insurance
Earlier this year, the Supreme Court issued a decision that all business owners should be aware of. The Supreme Court resolved a Circuit split over whether a debtor can discharge a debt incurred by a fraud committed by the...more
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:
•An appellate court in Arkansas, affirming a trial court’s decision, has ruled that a title insurer had properly...more
3/23/2023
/ Action to Quiet Title ,
Adverse Possession ,
Breach of Contract ,
Denial of Insurance Coverage ,
Duty to Defend ,
Easements ,
Fraud ,
Fraudulent Transfers ,
Insurance Industry ,
Prescriptive Easements ,
Property Owners ,
Title Insurance
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 New York granted summary judgment in favor of a title insurance company and its...more
1/6/2023
/ Appellate Courts ,
Breach of Contract ,
Breach of Duty ,
Fidelity National Title Insurance Company ,
Fiduciary Duty ,
First American Title Insurance Co. ,
Fraud ,
Insurance Industry ,
Insurance Litigation ,
JPMorgan Chase ,
Liens ,
Refinancing ,
Title Insurance
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 New York has rejected a lawsuit filed by insureds under a title insurance policy...more
10/11/2022
/ Bank of America ,
Breach of Contract ,
Easements ,
FCC ,
Historical Landmarks ,
Homeowners Association (HOA) ,
Indemnification ,
Individual Retirement Account (IRA) ,
Insurance Industry ,
Property Owners ,
Repurchase Options ,
Reverse Mortgages ,
Title Insurance
For some time, bankruptcy courts wrestled over whether creditors violated the Bankruptcy Code’s automatic stay provision under 11 U.S.C. § 362(a)(3) by creditors’ passive retention of a debtor’s property once a debtor files...more
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry
•An appellate court in New York has ruled that an exclusion in a title insurance policy precluded coverage of a...more
7/7/2022
/ Appellate Courts ,
Class Action ,
Easements ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
NJ Supreme Court ,
Policy Exclusions ,
Property Damage ,
Restrictive Covenants ,
Title Companies ,
Title Insurance ,
VA Supreme Court
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
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:
•A Delaware trial court has ruled that plaintiffs suing a title insurer for breach of a title insurance policy...more
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:
•An appellate court in California has ruled that the state’s Quiet Title Act insulated a third party from the...more
9/28/2021
/ Action to Quiet Title ,
California ,
Construction Defects ,
Deed of Trust ,
Default Judgment ,
Easements ,
Good Faith ,
Homeowners Association (HOA) ,
Land Owners ,
Loans ,
Mortgages ,
Property Owners
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:
•An appellate court in New York has ruled that a title insurance policy excluded coverage for a “Declaration and...more
7/6/2021
/ Action to Quiet Title ,
Adverse Possession ,
Appellate Courts ,
Default ,
Foreclosure ,
Home Equity Line of Credit ,
Liens ,
Loan Modifications ,
Mortgages ,
Quitclaim Deeds ,
Title Insurance
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:
•A trial court in New York has rejected a counterclaim filed against a title insurance company in a case it...more
3/19/2021
/ Appellate Courts ,
Commercial Property Owners ,
Counterclaims ,
Duty to Indemnify ,
Easements ,
Fraud ,
Liability Insurance ,
Limited Liability Company (LLC) ,
Property Damage ,
Real Estate Transfers ,
Summary Judgment ,
Title Insurance ,
Trespass ,
Warranty Deed
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:
•The Supreme Court of Texas has ruled that a special warranty deed conveying real property limited the grantor’s...more
1/8/2021
/ Appellate Courts ,
Attorney Malpractice ,
Bankruptcy Trustees ,
Breach of Contract ,
Prejudicial Error ,
Quicken Loans ,
Quitclaim Deeds ,
Spoofing ,
Summary Judgment ,
Third-Party ,
Title Companies ,
Title Insurance ,
TX Supreme Court ,
Warranty Deed
A trial court in New York has ruled that a title insurance policy excluded coverage of claims against the insured for easements implied by law.
The Case
As the court explained in its decision, in April 2014, 1267 Rogers...more
10/7/2020
/ Action to Quiet Title ,
Closing Costs ,
Closing Documents ,
Duty to Defend ,
Easements ,
Encroachments ,
Fee Simple ,
Grantors ,
Ingress/Egress ,
Legal Description ,
Loan Estimates ,
New York ,
Policy Exclusions ,
State and Local Government ,
TILA-RESPA Integrated Disclosure Rule (TRID) ,
Title Insurance
Due to the COVID-19 pandemic and resulting economic shutdown, we have counseled our clients about how they can protect their rights as creditors once the economy begins to ramp up again. We have also advised them on how to...more
The Coronavirus Aid, Relief, and Economic Security Act(CARES Act), signed by President Trump on March 27, 2020, contains key changes to the Bankruptcy Code. The CARES Act and the previously enacted Small Business...more
The CARES Act, signed into law on March 27, 2020, contains a component that will quickly provide businesses with loans to compensate for lost revenues due to COVID-19....more
On March 21, 2020, Governor Cuomo issued Executive Order 202.9, which is in effect through April 20, 2020. The order provides financial relief to consumers and businesses with outstanding bank loans....more
In this time of extreme uncertainty, an unfortunate reality is that many businesses are wondering whether they will be able to survive an indefinite economic downturn. Virtually every industry is facing the prospect of weeks...more