News & Analysis as of

Title Insurance

Parker Poe Adams & Bernstein LLP

Key Takeaways From the 2026 ALTA/NSPS Land Title Survey Standards for Commercial Real Estate Transactions

The joint committee of the American Land Title Association and the National Society of Professional Surveyors released its regular five-year update of survey standards, effective as of February 23, 2026. ...more

King & Spalding

Fourth Circuit Reverses Judgment Against Lender for Aiding-and-Abetting Fraud Premised on Willful Blindness

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On November 26, 2025, the U.S. Court of Appeals for the Fourth Circuit held that an alternative business lender was not liable for aiding and abetting a borrower’s fraud where the lender undertook targeted diligence, relied...more

Perkins Coie

Get Ready for FinCEN's Residential Real Estate Rule Report Form

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Key Takeaways - As set forth in alerts and advisories from the Financial Crimes Enforcement Network (FinCEN), illicit actors intent on laundering funds through residential real property often use legal entities and trusts...more

Gould + Ratner LLP

What Are the Most Common Legal Mistakes First-Time Chicago Multifamily Real Estate Buyers Make (and How to Avoid Them)?

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First-time multifamily buyers in Chicago often focus on price, neighborhood and cap rate but miss legal and compliance issues that silently add cost, delay closing or create post-closing liability. Below are the most common...more

DarrowEverett LLP

How to Turn Real Estate Due Diligence Findings Into Dollars & Deals

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In today’s higher‑rate, low‑tolerance market, legal issues and ambiguities in due diligence quickly show up in a buyer’s or lender’s model as lower loan proceeds, required cash set‑asides, and delays....more

DarrowEverett LLP

From Cubicles to Condos: Considerations for Office-to-Residential Conversions

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As remote work reshapes the commercial real estate market and demand for office space declines, owners and developers are increasingly pursuing office-to-residential conversions as a way to unlock value in underperforming...more

Orrick, Herrington & Sutcliffe LLP

Maryland attorney general secures $1.05M settlement with title insurance companies

On January 14, Maryland’s attorney general announced that the state’s Consumer Protection Division (CPD) entered into a settlement resolving allegations that several joint venture title agency companies formed between a title...more

Offit Kurman

Delaware Real Estate Closings: Why Delaware Attorneys Are Always Required

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Contrary to just about every jurisdiction in the country, all real estate settlements for real property located within the State of Delaware must be performed by a Delaware-licensed attorney....more

Harris Beach Murtha

New 2026 Minimum Standard Detail Requirements for Land Title Surveys

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The American Land Title Association (“ALTA”) and National Society of Professional Surveyors (“NSPS”) recently further updated the 2021 Minimum Standard Detail Requirements, which represents the benchmark of professional...more

Hinckley Allen

Surveys: A Vital Part of Every Commercial Real Estate Transaction

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Investors on the precipice of acquiring commercial real estate tend to focus on the “big ticket” items — the purchase price, the underwriting assumptions, the rent roll, the zoning strategy, but ignore the importance of a...more

Harris Beach Murtha

Reducing Seller Impersonation Fraud

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Fraudulent transactions involving vacant properties are on the rise and are a significant source of claims for title insurance companies. While seller impersonation fraud may involve any type of real property, it is more...more

Carlton Fields

Real Property, Title Insurance, & Financial Services Update: Week Ending November 28, 2025

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Last week, there were a few per curiam affirmances in Florida that reinforce important principles for those litigating in the real property space, as well as some decisions in the landlord-tenant context. Additionally, a...more

Baker Donelson

Key Points in Commercial Real Estate Purchase and Sale Contracts: Negotiating Title and Survey Provisions

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In this multipart series, we are examining important points to consider when negotiating commercial real estate purchase and sale contracts from the perspectives of buyers and sellers. Our prior posts addressed negotiating...more

Carlton Fields

Real Property, Title Insurance, & Financial Services Update: Week Ending November 21, 2025

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Our Real Property, Title Insurance, & Financial Services Update offers a weekly overview of notable court decisions impacting property rights, title issues, the banking industry, and related litigation. Each edition...more

DarrowEverett LLP

Title Piracy on the Rise in the Sea of Real Estate Ownership

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As if buying real estate is not stressful enough, prospective buyers might not have heard of a new danger: title pirates. These are criminals who file phony documents claiming to own property that actually belongs to someone...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 14, 2025

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Our Real Property, Title Insurance, and Financial Services Update offers a weekly overview of notable court decisions impacting property rights, title issues, the banking industry, and related litigation. Each edition...more

Orrick, Herrington & Sutcliffe LLP

FinCEN renews geographic targeting orders for title insurance companies through Feb. 2026

On October 9, FinCEN announced it had renewed geographic targeting orders (GTOs) requiring title insurance companies in designated locales to report information on cash residential real estate transactions....more

Ballard Spahr LLP

FinCEN Renews Geographic Targeting Order

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On October 9, 2025, the Financial Crimes Enforcement Network (“FinCEN”) issued a renewal of its Geographic Targeting Order (“GTOs”), which require U.S. title insurance companies, including their subsidiaries and agents, to...more

Patton Sullivan Brodehl LLP

Title Insurer Bad Faith — Allegations, Extrinsic Facts, and the Duty to Defend

A title insurer owes a “duty to defend” its insured from a lawsuit filed by a third party whenever the lawsuit creates a potential for indemnity under the policy. A defense is owed even where the evidence suggests, but does...more

Fox Rothschild LLP

Texas Enacts Law Blocking Real Estate Purchases by Certain Foreign Buyers

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Texas doesn’t want real estate in the hands of America's most serious adversaries. That’s the premise behind S.B. 17, a law aimed squarely at foreign governments and individuals linked to countries the U.S. considers threats....more

Sands Anderson PC

Three Critical Mistakes Developers Make That Can Derail a Residential Development Project

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Residential real estate development is a high-stakes business. Managing financing, construction timelines, local approvals, and ultimate sales can lead even experienced developers to overlook critical details that may have...more

Lowndes

Key Provisions to Include in a Loan Document Purchase Contract

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This article is the third in a multi-part series based on the Lowndes white paper, “Selling & Acquiring Distressed Real Estate in Florida.” Each installment will examine key legal and strategic considerations for acquiring...more

Husch Blackwell LLP

Understanding and Managing Severed Mineral Estates in Renewable Energy Projects

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As renewable energy development sweeps across rural and agricultural landscapes, developers are encountering a growing legal and logistical challenge: severed estates. These occur when surface rights and mineral rights are...more

Buchalter

Real Advantage Title Insurance Company Is Insolvent: Next Steps And A Learning Moment

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August 26, 2025|Client Alerts By John L. Hosack, Jason E. Goldstein California Insurance Commissioner Files Petition in the Superior Court to have him appointed as the Conservator of Real Advantage Title Insurance Company...more

Pillsbury - Policyholder Pulse blog

California Appeals Court Reinforces that Insurer Failure to Investigate Potential Bases for Coverage Outside the Pleadings Can...

In the recently published case Bartel v. Chicago Title Insurance Company, a California appellate court reaffirmed longstanding California law on insurers’ broad duty to defend even in the face of complicated underlying facts,...more

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