Real Estate Litigation

New Jersey Appellate Division Affirms That Lender Was Not Entitled to Priority for Its First-Recorded Mortgage When It Was Aware of Other Mortgage, Even if It Was Not Aware of Other Mortgagee’s Identity

The New Jersey Appellate Division recently affirmed that a lender who records a mortgage with knowledge of...

Texas Appellate Court Affirms Grant of Summary Judgment for Title Agent, Holding It Was Not Liable to Third Party for Escrow Disbursement

A Texas appellate court recently affirmed a lower court’s decision granting summary judgment and holding that a...

Connecticut Court Grants Title Insurance Company’s Motion for Summary Judgment and Holds Insureds Agreed to Easement Traversing Property

The Superior Court of Connecticut recently held that insured owners were barred from coverage under a title...

New Jersey Federal Court Denies Servicer’s Motion to Dismiss RESPA Claims

The United States District Court for the District of New Jersey recently denied a defendant loan servicer’s...

Mississippi Appeals Court Holds Beneficiary of Deed of Trust Has Priority Over Prior Deed of Trust Because the Prior Deed of Trust Lacked a Named Beneficiary

In an action brought by plaintiff, a beneficiary under a subsequent deed of trust, seeking a declaration...

California Appellate Court Affirms Judgment for Title Insurer After Insured Conveyed Its Interest in Foreclosure Sale

In an action brought by foreclosure sale purchasers against the foreclosing bank’s title insurer based on the...

New York Supreme Court Holds Residential Construction Violated Restrictive Covenant

The Supreme Court of New York, Richmond County recently granted a permanent injunction prohibiting a residential homeowner...

Arizona Court of Appeals Affirms Summary Judgment for Mortgagee Under Replacement Doctrine, but Reverses Application of Equitable Subrogation

In an action regarding lien priority between two lenders, the Court of Appeals of Arizona recently affirmed...

Florida District Court Dismisses Plaintiff’s Complaint Alleging Violations of RESPA Due To Lack Of Article III Standing In Light Of Plaintiff’s Failure To Allege Actual Damages

The United States District Court, Middle District of Florida, recently granted defendant loan servicer’s motion to dismiss...

New York’s Third Department Finds Factual Questions Exist Whether Defendant Timber Company Adversely Possessed Disputed Parcel For Requisite Period

The Third Department of New York’s Appellate Division recently held that the lower court erred: (1) in...

Pennsylvania Federal Court Holds That RESPA Claims for Captive Reinsurance Arrangement Were Not Time-Barred

The United States District Court for the Eastern District of Pennsylvania recently held that a claim that...

New York Federal Court Dismisses RESPA Claim Because Alleged Fees Were Not Split

The United States District Court for the Southern District of New York recently dismissed a complaint filed...