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New Case Alert: Dissent Highlights Disturbing Potential for Increasing Escrow Holder Policing and Disclosure Obligations

A new decision in Ash v. North American Title Co. holds that (1) contract damages based upon a bankruptcy were not foreseeable, and (2) an escrow holder was entitled to a jury instruction as to intervening or superceding...more

Trustee Empowered To Void Foreclosure Sale Where Error Discovered Before Delivery Of Trustee’s Deed

California’s Supreme Court affirmed a trustee’s right to void a non-judicial foreclosure sale based on mistakes in the foreclosure process discovered before delivery of a trustee’s deed to the successful bidder. ...more

One-Stop Shop? Court Finds No Violation Of California’s Notary Statute Limiting Fees Charged For “Taking An Acknowledgement” Where...

A California court has confirmed that notaries who provide services additional to notarizations may charge for such services without violating the fee limitations in Government Code § 8211....more

A Cautionary Tale On Holding Title: Marriage License Does Not Override Domestic Partnership Agreement

A recent case, the Estate of Wilson, 2012 WL 6216869 (1st Dist. 2012), illustrates generally why escrow holders should avoid giving advice to parties to an escrow on how to take title to real property...more

Identifying Red Flags to Avoid Fraud in an Escrow

Few people would risk closing any real estate transaction without using the services of the neutral party known as an escrow holder. The neutral escrow officer holds the executed documents, money, or other items to be...more

11/19/2012
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