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Sixth Circuit Reaffirms Mortgagor’s Right to Excess Proceeds in a Foreclosure Under Doctrine of Equitable Title

November 22, 2022

The United States Court of Appeals for the Sixth Circuit recently issued an opinion reaffirming mortgagors’ post-foreclosure...

Federal Court Affirms No General Duty for Title Insurers to Search For and Disclose Title Defects Unless Preparing Abstract of Title

November 15, 2022

In the recently decided matter of Mansur Properties, LLC v. First American Title Insurance Company, 2022 US...

Wisconsin Court of Appeals Finds for Title Insurer Despite Late Policy Issuance

October 13, 2022

The Court of Appeals of Wisconsin, District Three recently upheld a summary judgment finding for title insurer...

Pennsylvania Federal Court Dismisses Statutory Claims, Allows Breach of Contract Claims in Wire Fraud Case

October 11, 2022

In a wire fraud claim raised by a bank’s customer, the United States District Court for the...

NJ Appeals Court Holds Failure to Plead Bankruptcy Discharge Not a Waiver of Affirmative Defense in Post-Discharge Action

June 24, 2022

In a decision approved for publication, addressing the intersection of New Jersey Court Rule 4:5-4 and 11...

NJ Supreme Court Holds Attorney Review Period Not Required in Absolute Auction Sales

June 20, 2022

The New Jersey Supreme Court recently held that the mandatory three-day attorney review clause that must be...

Florida Federal Court Holds Exclusion 3(a) Bars Coverage Under Title Policy

June 9, 2022

The United States District Court for the Northern District of Florida recently held that a property owner...

Utah Supreme Court Holds HOA Restrictive Covenants Not Signed by Property Owners Are Not Void Ab Initio

June 2, 2022

The Supreme Court of Utah recently denied the appeal of a group of landowners (the “Landowners”) who...

Florida Court Holds Lender Can Seek Attorneys’ Fees from Prior, Dismissed Action as Condition of Restatement

May 26, 2022

A Florida appellate court recently held that a lender can include the attorneys’ fees it incurred in...

NY Court Holds Statute of Frauds Bars Oral Modification of Agreement When Parties Dispute Terms

May 19, 2022

The Supreme Court of New York, Suffolk County, recently held that the statute of frauds bars an...

Illinois Appellate Court Holds November 2020 Foreclosure Sale Was Not Improper in Light of COVID Moratorium

May 17, 2022

The Illinois Court of Appeals recently found that Fannie Mae’s COVID-related instruction for servicers to suspend foreclosure...

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