On July 29, 2021 Riker Danzig released Episode 2 of “Title Nerds,” the Firm’s title insurance podcast. Title Nerds hosts Mike O’Donnell and Bethany Abele welcome fellow Riker Danzig attorneys Ron Ahrens and Mike Crowley to the podcast. In the first segment, Mike O’Donnell and Ron Ahrens talk about coverage investigations in the context of title insurance, drawing on some of their experiences in uncovering fraud and collusion, as well as issues in more routine fact-based investigations. They cover the analysis of covered claims, including what issues are probed, the Eight Corners Doctrine and beyond, privilege issues when a challenge to title is being litigated at the same time a coverage investigation is ongoing, and common exclusions and exceptions. Next, Bethany Abele interviews Mike Crowley about the 11th Circuit’s In re Lindsey case (2021 WL 140661 11th Cir.), which raises two issues of interest to title insurers. First, the case addresses whether a Bankruptcy Court can retain jurisdiction over an adversary complaint seeking quiet title after the debtor dismisses the bankruptcy action. Second, it analyzes the Court’s decision to reform a deed to include the debtors’ 50% interest even though the seller failed to sign individually and later claims he never intended to do so, as the evidence all points to the intention to convey his interest through the bankruptcy.
Episode 1, which was released on May 14, 2021, covered the Fifth Circuit’s Hall v. Old Republic case, “Daniel’s Law,” the Planned Real Estate Development Full Disclosure Act /Homeowner’s Association Fees Corrective Bill as well as a bill encouraging the Timely Recording of Residential Deeds.