News & Analysis as of

Title Search

DarrowEverett LLP

Title Insurance or Not, Don’t Dismiss the Value of Title Search

DarrowEverett LLP on

For those of you who question whether an owner’s policy of title insurance is a waste of money, please remember that examining title is still an essential component of due diligence investigations. Real estate investments are...more

Tucker Arensberg, P.C.

Title Insurance - It’s Too Expensive!

Tucker Arensberg, P.C. on

I’ve heard that more than once. I have also heard that if I have a title search or title commitment which doesn’t identify any issues, I’m in the clear. Statements like these are shortsighted and show a misunderstanding of...more

Stark & Stark

The Significance of Title Insurance in Real Estate

Stark & Stark on

If you have experienced the process of purchasing or selling real estate, it is likely that you have come across the phrase “clear title.” The concept of clear title is two-fold. Clear title deals with the property...more

Roetzel & Andress

EPA Approves New Standard For Phase I Environmental Site Assessments

Roetzel & Andress on

On December 14, U.S. EPA issued a final rule adopting ASTM Standard E1527-21 for conducting Phase I environmental site assessments. Real estate developers, lenders and investors, and all purchasers of commercial property...more

Husch Blackwell LLP

New ASTM E1527-21 Phase I ESA Standard Stuck in Limbo

Husch Blackwell LLP on

The long-anticipated new ASTM standard concerning Phase I environmental site assessments (ESAs), which was finally expected to go into effect mid-May, is in limbo while the U.S. Environmental Protection Agency (EPA) considers...more

Rosenberg Martin Greenberg LLP

West Virginia Supreme Court of Appeals Holds That Borrowers Facing Foreclosure Do Not Have Standing to Challenge Validity of...

Clete Pavone bought property in West Virginia from Patrick Russell in October of 2018. Because he did not obtain a title search before buying the property, Mr. Pavone did not know that it was encumbered by a deed of trust...more

Farrell Fritz, P.C.

ASTM Adopts New Phase I ESA Standard – Impact to Environmental Diligence and CERCLA Affirmative Defenses

Farrell Fritz, P.C. on

When it comes to pre-acquisition environmental due diligence, a properly prepared Phase I ESA is the ounce of prevention that is worth a pound of cure.  Phase I Environmental Site Assessments (“Phase I ESA”) are a routine due...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending April 5, 2019

Carlton Fields on

Real Property Update - Foreclosure / Standing: bank cannot rely solely on its acquisition of prior lenderto prove standing where note was specially indorsed to prior lender - Certo v. The Bank of New York Mellon, No....more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 9, 2018

Carlton Fields on

Real Property Update - Foreclosure/Attorneys' Fees: where borrower prevailed on argument that dismissal of foreclosure action was required as bank was not entitled to enforce a mortgage contract containing a fee...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending July 28 & August 4, 2017

Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Redemption: foreclosure sale conducted without knowledge of bankruptcy affirmed, but trial court orders denying mortgagor opportunity to redeem property before certificate of sale actually...more

Dorsey & Whitney LLP

Security Interest v. License Agreement: Low Tech Precautions for the High Tech Investment

Dorsey & Whitney LLP on

In this exciting age of startups, the market is brimming with opportunities for individuals and entities alike to invest in emerging companies. Today’s rapid rate of technology development justifies investors’ eagerness to...more

Troutman Pepper

Improperly Indexed Mortgage: How Far Does Your Record Review Need to Go to Be Safe?

Troutman Pepper on

Albert v. Green Tree Servicing, LLC (In re El Erian), 512 B.R. 391 (Bankr. D. D.C. 2014) – A chapter 7 trustee sought to avoid the lien of a recorded deed of trust because (1) it contained both correct and incorrect...more

Poyner Spruill LLP

In-House Loan Modifications In South Carolina Are Not The Unauthorized Practice of Law

Poyner Spruill LLP on

The South Carolina Supreme Court recently issued two opinions concerning the unauthorized practice of law in real estate transactions. Under earlier Supreme Court cases, five aspects of a real estate loan or mortgage closing...more

Ballard Spahr LLP

Title Insurers Not Liable For Agent's Negligence

Ballard Spahr LLP on

Title insurance companies can enforce exculpatory provisions in title insurance policies that exclude liability for tort claims based on a negligent title search performed by an agent, Maryland's highest court has ruled....more

14 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide