Title Insurance and Your Transaction
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
Construction lenders beware – a recent Arizona Supreme Court decision interpreting Exclusion 3(a) of standard-form title-insurance policies could mean lenders are not insured against a senior mechanics’ lien if the lender’s...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
Financial Services Update - TILA / Definition of Creditor: entity that arranges for the extension of credit is not a “creditor” under TILA – Rosolen v. Home Performance Alliance, Inc., No. 19-cv-00024-JLB-NPM (M.D. Fla....more
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
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
Real Property Update - Foreclosure / Bankruptcy / Surrender: borrower cannot challenge judgment of foreclosure entered upon judicial notice of his statement of intention to surrender the property and order of discharge...more
To real estate buyers, title insurance options may seem as confusing as the violin rental options do to parents. Title insurance policies can be standard or extended coverage. They also have both exclusions and...more
Real Property Update - Ad Valorem Taxes: in a matter of first impression, county's immunity from taxation does not extend extraterritorially to property it owns in another Florida county - Joiner v. Pinellas Cnty., Fla.,...more
Financial Services Update - FDCPA: no liability for a debt collector that provides the name of the hospital, the account number, patient name, date of service, and amount of debt, but who fails to include the word "creditor"...more
REAL PROPERTY UPDATE - Foreclosure/Standing: bank's allegation in complaint that it acquired loan and possessed both legal and beneficial interest in note and mortgage prior to filing complaint, coupled with the subsequent...more
REAL PROPERTY UPDATE - Foreclosure/Standing: borrower's standing arguments failed because they were based on notion that note changed hands after it was delivered to World Savings Bank in 2007, when in fact the note...more
REAL PROPERTY UPDATE - Foreclosure: where a valid mortgage properly encumbers the subject property, an incorrect deed and a reformation of deed count are not fatal to a foreclosure action - Heartwood 2, LLC v. Dori, Case...more
REAL PROPERTY UPDATE - - Foreclosure/Reverse Mortgage: lender not entitled to accelerate debt on reverse mortgage after death of borrower where surviving spouse not designated a borrower on note, but designated a...more
Easements: trial court erred in denying statutory easement or “way of necessity” where owners established all elements pursuant to section 704.01(2), Fla. Stat. – Messer v. Sanders, No. 1D13-3084 (Fla. 1st DCA July 9, 2014)...more