Real Estate Law

Arizona Appellate Court Affirms Judgment for Title Insurance Company and Escrow Agent in Lenders’ Fraud Action

The Arizona Court of Appeals recently affirmed a lower court’s order dismissing claims against a title insurance...

New Jersey Appellate Court Holds Lender Was Required to Serve a Notice of Intent to Foreclose for a Residential Reverse Mortgage

New Jersey’s Appellate Division recently reversed a lower court and held that a lender erred by not...

Texas Federal Court Holds Exclusion 3(a) Bars Claim of Insured Owner and Bankruptcy Trustee

The United States District Court for the Eastern District of Texas recently affirmed a bankruptcy court’s holding...

Superior Court of Pennsylvania Affirms Trial Court’s Granting Summary Judgment in Action to Quiet Title Where Subsurface Rights Were Extinguished After Tax Sale

The Superior Court of Pennsylvania recently held that a 1902 tax sale extinguished a party’s subsurface gas,...

Washington D.C. Appellate Court Holds Foreclosure of Condominium Lien Extinguished First Mortgage Despite Condominium Association’s Representations to the Contrary

The District of Columbia Court of Appeals recently held that a condominium association’s foreclosure of a “super-priority” condominium lien...

Eighth Circuit Holds Borrowers’ Acknowledgment of Receipt of TILA Disclosure Defeated Their TILA Claim

In a decision approved for publication, the United States Court of Appeals for the Eighth Circuit recently...

New Jersey Appellate Court Holds Trial Court Must Determine Fair Market Value Credit of Foreclosed Properties to Ensure Lender Did Not Receive a Windfall

In a decision approved for publication, New Jersey’s Appellate Division recently remanded an action to the Chancery...

New York’s Second Department Holds Commercial Tenant’s Waiver of the Right to Bring a Declaratory Judgment Action Was Enforceable

In a matter of first impression, New York’s Second Department recently held that a waiver of the...

New York Federal Court Grants Insured’s Motion To Amend Complaint

The United States District Court for the Southern District of New York recently granted the plaintiff-insured’s motion...

​Oklahoma Federal Court Holds Restrictive Covenants on Property Did Not Render It Unmarketable but May Be Covered Encumbrances Under the Title Policy

The United States District Court for the Western District of Oklahoma recently held that use restrictions on...

Louisiana Appellate Court Holds Title Insurance Policy Insures Against Judgments Against Insured’s Prior Co-Owner

The Court of Appeal of Louisiana, Third Circuit, recently reversed the judgment of the trial court and...

New York Supreme Court Grants Summary Judgment and Holds Dock Did Not Violate Restrictive Covenant

The New York Supreme Court, Warren County, recently granted a motion for summary judgment and held that...