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Appellate Court Affirms Strength of “Continuance of Insurance” Title Policy Condition

March 17, 2023

In the November 2022 matter of Shah v. Fidelity National Title Insurance Company, No. A165816, LEXIS 7239...

Illinois District Court Holds ECOA Protections Inapplicable to Prospective Loan Applicants

March 14, 2023

On February 3, 2023, the Northern District of Illinois (“the Court”) issued an important opinion in the...

New York Court Issues Comprehensive Summary of Adverse Possession Principles and Awards Plaintiff Possession of Defendant’s Property

March 7, 2023

On February 21, 2023, the New York Supreme Court (“the Court”) issued its opinion in Gelles v....

U.S. Supreme Court Disallows Innocent Partner’s Discharge of Debt From Partner’s Fraud

March 3, 2023

On February 22, 2023, the United States Supreme Court (“the Supreme Court”) issued its Opinion in the...

Maryland Court Illustrates the Unique Challenges of RESPA Class Actions

February 7, 2023

In Morgan v. Caliber Home Loans, Inc., 2022 U.S. Dist. LEXIS 208704 (D. Md., Nov. 16, 2022,...

11th Circuit Holds No Modification for Principal Residence Mortgage in Bankruptcy

February 2, 2023

In the United States Court of Appeals for the Eleventh Circuit’s (“the Court”) recently issued decision In...

Illinois Holds Title Insurance Claims Exempt From Complete Defense Rule

January 19, 2023

In Findlay v. Chicago Title Ins. Co., 2022 IL App (1st) 210889 (2022), the Appellate Court of...

Florida Court Denies RESPA Claim Based on Mortgage & Promissory Note Rights Dichotomy

January 17, 2023

In the recently-decided matter of Fis v. Newrez, LLC, LEXIS 233104 (SD Fla. Dec. 28, 2022, No....

Alaska Holds Improperly Recorded Lien Effective Under “Equitable Mortgage” Doctrine

January 12, 2023

On December 7, 2022, the Alaska Supreme Court (“the Court”) issued an opinion in the matter of...

NY Holds CEMA Defense Waiver Enforceable & Effective to Waive Statute of Limitations Defense

January 10, 2023

In the matter of Bank of N.Y. Mellon v. Vogt, LEXIS 2178 (N.Y.L.J. Nov. 3, 2022), on...

NY Court Holds Landmark Designation Triggers 1(A) Exclusion and Cannot Constitute Title Defect

January 6, 2023

In Fawn Second Ave., LLC v. First American Title Insurance, LEXIS 122021 (S.D.N.Y. July 11, 2022), the...

New York Court Reaffirms Basic 3(a) and 3(d) Exclusion Principles and That Issuance of Title Policy Does Not Create Fiduciary Duty

December 29, 2022

In Murphy v. Commonwealth Land Title Ins. Co., No. 20-CV-2793, LEXIS 144866 (E.D.N.Y. Aug. 12, 2022), the...

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