Title Insurance Overview
When you purchase real estate, it is crucial that you obtain a property with clear ownership or “good title.” You obtain title to property when the owner signs the deed (transfer document) over to you....
View ArticleMaryland High Court's Finding of Tort Liability for Deficient Title Search...
A recent decision by the Maryland Court of Appeals makes it clear that title companies and underwriters may now be susceptible to tort liability for negligence under Maryland common law....By: Saul...
View ArticleThe Top Ten Points To Watch For In Commercial Real Estate Contracts: Point #3...
What’s the property and how good is its title? Today’s topic can be reduced to a very simple question: as a real estate purchaser/investor, how do I get all of the property I’m paying for, with no...
View ArticleTitle Insurers Not Liable For Agent's Negligence
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...
View ArticleReal Property, Financial Services & Title Insurance Case Law Update: Weeks...
I. FLORIDA STATE CASES – JOURDAN HAYNES & ILAN NIEUCHOWICZ - Slander of Title: slander of title counterclaim barred by statute of limitations could not be brought as recoupment claim to avoid...
View ArticleReal Property, Financial Services & Title Insurance Case Law Update: Week...
I. FLORIDA STATE CASES – JOURDAN HAYNES & CHRIS SMART - MRTA: marketable record title act represents codified limitation on title insurer’s obligation to research public records in connection with...
View ArticleOf Boats, Dining, and Zoning: Virginia Supreme Court Decides Old Dominion...
On October 31, 2013, the Virginia Supreme Court decided Old Dominion Boat Club v. Alexandria City Council, et al. The case involved ongoing litigation between the Old Dominion Boat Club (ODBC), the...
View ArticleReal Property, Financial Services & Title Insurance Case Law Update: Week...
I. FLORIDA STATE CASES – SARA WITMEYER & JOURDAN HAYNES - - Receiver: court’s inherent equitable power to appoint receiver over non-profit condominium association not limited to categories set...
View ArticleMcAfee & Taft AgLINC - Fall 2013: More than just a handshake - Due diligence,...
In western Oklahoma, where this author was born and raised, a handshake is often all that takes place to solidify a deal for the sale or purchase of a piece of land. The need for a purchase contract or...
View ArticleReal Property, Financial Services & Title Insurance Case Law Update: November...
I. FLORIDA STATE CASES – SARA WITMEYER & SASHA FUNK GRANAI - - Implied Warranties of Fitness and Merchantability: warranties apply to improvements that provide essential services to residential...
View ArticleReal Property, Financial Services & Title Insurance Case Law Update: December...
I. FLORIDA STATE CASES – SASHA FUNK GRANAI - Final Judgment: final judgment not final appealable order where related claim for breach of note remained – Centennial Bank v. NFP 1, LLC, No. 1D13-4516...
View ArticleReal Property, Financial Services & Title Insurance Case Law Update: Week...
I. FLORIDA STATE CASES – JOURDAN HAYNES - - Condominiums: given ambiguity in Condominium Act’s escrow requirements (Fla. Stat. § 718.202) and fact that willful violation of same by developer carried...
View ArticleReal Property, Financial Services & Title Insurance Case Law Update: Week...
I. FLORIDA STATE CASES – SARA WITMEYER - Arbitration/Waiver: defendant waived right to arbitration by defending against claim of replevin in court litigation for two years – Gen. Elec. Capital Corp. v....
View ArticleReal Property, Financial Services & Title Insurance Case Law Update: Weeks...
I. FLORIDA STATE CASES – JOURDAN HAYNES & ILAN NIEUCHOWICZ - Relation-Back: amended complaint naming third-party defendant as defendant relates back to filing of third-party complaint where (a)...
View ArticleTitle Insurers Face a Decade of New Challenges
Title insurers have emerged from a tumultuous decade. In 2004, amid a record housing boom and unprecedented wave of refinancing, insurers could barely keep up with intense pressure to sign up more...
View ArticleReal Property, Financial Services & Title Insurance Update: Weeks Ending June...
REAL PROPERTY UPDATE: Tax Deed Sale/Due Process: after certified letter notifying property owner of tax deed sale returned unopened and unclaimed, due process required clerk of court take reasonable...
View ArticleReal Property, Financial Services & Title Insurance Update: Week Ending...
REAL PROPERTY UPDATE - Adverse Possession: appellant entitled to judgment quieting title in her favor because appellant’s predecessor in title had adversely possessed disputed strip of land by having...
View ArticleMechanics’ Lien Standard Exception in Owner’s Policies
As you, the buyer, pour over the voluminous stack of documents, disclosures and notices provided to you by the title company in connection with the impending closing of your real estate transaction,...
View ArticleDeed Warranties and Why They Should Matter To You
You're negotiating to buy a piece of real estate and your attorney tells you that the seller is proposing to give you a "Special Warranty Deed" in exchange for all of the money you will pay. Special...
View ArticleSeeing is Believing: ALTA’s New Survey Standards
For those of you who read our commentary regularly, you’ll see that we span the commentariat world from musings of perhaps little practical utility but great import (at least to us) to the more...
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