News & Analysis as of

Title Insurance

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending July 31 , 2020

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Real Property Update - Foreclosure / Surviving Lien: Lender’s lien on mobile home survived foreclosure sale of property where mobile home was located; mobile home remained personal property outside scope of foreclosure –...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending July 24 , 2020

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Real Property Update - Condo Termination / Mandatory Arbitration: Unit owner could not pursue claims relating to condo termination for failure to comply with Florida Statutes section 718.117(16), which required unit...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending July 17, 2020

Carlton Fields on

Financial Services Update- TCPA / Standing / Text Messages: Plaintiff failed to establish standing to bring TCPA claim because plaintiff had not shown he suffered an injury in fact where he received two text messages,...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending July 10, 2020

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Real Property Update - Foreclosure / Standing: Servicer had standing to foreclose where asset management agreement authorized predecessor-in-interest to delegate service of loan and ability to bring foreclosure action and...more

Hinshaw & Culbertson - Consumer Crossroads

Long-Awaited DFS Cyber Enforcement Action Sees Charges Filed Against Title Insurer For Exposing Millions of Documents Containing...

After several years of anticipation, the New York State Department of Financial Services (DFS) has filed its first enforcement action under the agency's groundbreaking and first-in-the-nation 2017 cybersecurity regulation...more

Shutts & Bowen LLP

8 Steps to Prepare a Commercial Property for Sale Amid COVID-19

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As commercial real estate deal flow has significantly decreased due to the novel coronavirus/COVID-19, there is no better time than the present for sellers of commercial real estate to plan in advance for the successful sale...more

Winstead PC

Attorney For Lender Did Not Owe Any Fiduciary Duties To Borrower As An Escrow Agent

Winstead PC on

In JTREO, Inc. v. Hightower & Assocs., the buyer of a note and mortgage sued the attorney for the lender who facilitated the transaction by loaning money to the buyer for breach of fiduciary duty arising from the fact that...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending June 26, 2020

Carlton Fields on

Real Property Update - Foreclosure / Condition Precedent: Borrower who raises an affirmative defense, such as failure of conditions precedent, bears the burden of proving that affirmative defense even if lender's complaint...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending June 19, 2020

Carlton Fields on

Real Property Update - Re-Foreclosure / Redemption: Trial court properly entered final judgment allowing re-foreclosure and allowing inferior lien holder right of redemption where inferior lien holder not named as party...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending June 12, 2020

Carlton Fields on

Real Property Update - Foreclosure / Rule 1.491: Recommendation of immediate default entered by general magistrate violated the notice requirements of Rule 1.500, and was objectionable, but borrower waived the right to...more

Weiner Brodsky Kider PC

CFPB Releases Factsheet on TRID Title Insurance Disclosures and FAQs on Lender Credits

The CFPB recently issued a factsheet on TRID title insurance disclosures and updated its TILA-RESPA Integrated Disclosure frequently asked questions (FAQs). The factsheet on TRID title insurance disclosures addresses,...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending June 5, 2020

Carlton Fields on

Real Property Update - Covenant Running With Land: Rejecting association’s argument on appeal that trial court erred in finding that recorded agreement was not a restrictive covenant running with the land but a personal...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending May 29, 2020

Carlton Fields on

Real Property Update - Mortgage / Parcel Description: Because recorded mortgage sufficiently and unambiguously described subject property, purchasers had constructive notice that property was encumbered by the mortgage;...more

Ballard Spahr LLP

CFPB Publishes TRID FAQ’s and a Factsheet on Treatment of Title Insurance Premiums

Ballard Spahr LLP on

On June 9, 2020, the CFPB published four new TRID FAQ’s and a TRID Factsheet (“Factsheet”). While the Factsheet is focused solely on the handling of title insurance disclosures under the rule, the FAQ’s cover various topics,...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending May 22, 2020

Carlton Fields on

Real Property Update - Wrongful Foreclosure: Borrower could not sustain wrongful foreclosure claim against lender where certificate of sale had been vacated and certificate of title was never issued – Jallali v. Christiana...more

Partridge Snow & Hahn LLP

RI Supreme Court Decision to Impact Real Estate, Title and Mortgage Industries

In a case having broad implications for residential real estate transactions, title insurance companies, and the mortgage industry, the Rhode Island Supreme Court on May 29 addressed the issue of whether residential real...more

Fox Rothschild LLP

What Protection Does Title Insurance Offer Pennsylvania Lenders When Modifying Collateralized Loans?

Fox Rothschild LLP on

In the coming months, lenders that have extended loans to businesses that are struggling as a result of the COVID-19 pandemic may consider modifying existing loan arrangements rather than seeking legal remedies against...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending May 8, 2020

Carlton Fields on

Real Property Update - Foreclosure: Trial court erred in granting summary final judgment of foreclosure as lender failed to properly prove amounts due by competent substantial evidence - CDC Capital Invs., LLC v. Bayview...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending May 1, 2020

Carlton Fields on

Real Property Update - Foreclosure / Note: Trial court could not challenge authenticity of note as copy where borrower had not pleaded defenses and lender was not afforded advanced notice of dispositive issue to be tried -...more

Cozen O'Connor

The Thrilla over Manila: Washington Supreme Court Finds Duty to Defend Clam Demand

Cozen O'Connor on

The Washington Supreme Court’s latest insurance coverage case, Robbins, et al. v. Mason County Title Insurance Co., et al., Slip Op. 96726-1 (May 7, 2020), marks another expansion of insurers’ duty to defend in Washington....more

Ballard Spahr LLP

FinCEN Renews Real Estate GTOs

Ballard Spahr LLP on

As expected, on May 8, 2020, the Financial Crimes Enforcement Network (“FinCEN”) reissued its Geographic Targeting Orders (“GTOs”) requiring U.S. title insurance companies to identify the natural persons behind legal entities...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 17, 2020

Carlton Fields on

Real Property Update - Foreclosure / Redemption / Intervention: Claim for right of redemption procedurally barred once certificate of title issued; party failed to appeal earlier order denying right to intervene in...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 10, 2020

Carlton Fields on

Real Property Update - Foreclosure / Dismissal: Involuntary dismissal of foreclosure action for alleging default on same date alleged in a prior dismissed foreclosure action was improper where allegation included reference...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 3, 2020

Carlton Fields on

Real Property Update - Foreclosure: Where the foreclosure defendant was properly served, and default and default final judgment was entered against said defendant, the defendant can only contest the unliquidated damages...more

Lowndes

COVID-19: Title Insurance Requirements and Recording Office Closures

Lowndes on

As a result of the COVID-19 pandemic, most county recording offices no longer accept documents for manual recording. Many offices are still accepting documents recorded electronically....more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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