Banking, Title Insurance, and Real Estate Litigation Blog

Title Disputes: Defenses and Strategies

Of Counsel Michael O'Donnell and Associate Keshav Agiwal authored the practice note, "Title Disputes: Defenses and Strategies," featured on LEXIS, which discusses...

First Department in Forrest Equities Draws a Sharp Line on Title Policy Coverage for Enforcement Actions and Marketability Claims

What You Need to Know The First Department affirmed that Covered Risks 5 and 6 do not...

Colorado Court of Appeals Rejects Complete Defense Rule in Title Insurance Context

What You Need to Know The complete defense rule does not apply to title insurance. The Colorado...

New Jersey Supreme Court Rules on Tidelands Licensing and Pierhead Line Authority

What You Need to Know The Court held that the Tidelands Resource Council can set or modify...

Pennsylvania Federal Court Reinforces the Importance of Obtaining a Survey When Buying Property

What You Need to Know: The survey exception in a title policy bars coverage when property boundary...

New Jersey Appellate Division Reinforces Clear Terms of Loan Agreement

What You Need to Know The New Jersey Appellate Division affirmed summary judgment in favor of a...

New Jersey Court Defines Standards for Immediate Tax Foreclosure on Abandoned Property

What You Need to Know: The New Jersey Appellate Division confirmed the procedures that tax certificate holders...

NJ Appellate Division Finds Easement Abandoned by Its Holder’s Actions

What You Need to Know A recorded easement may be deemed abandoned under New Jersey law based...

Appeals Court Finds State Licensing Does Not Override Local Zoning

What You Need to Know This decision reinforces a key principle in New Jersey land use law:...

Georgia Federal Court Determines Physical Defects on a Property Fall Outside Title Insurance Coverage

What You Need to Know Title Marketability vs. Economic Marketability: Title insurance covers defects affecting title (legal...

NJ Supreme Court Clarifies Personal Guaranty Requirements for Corporate Officers

What You Need to Know No Two-Signature Requirement – New Jersey does not impose a bright-line rule...

EDNY Reinforces That Parties-In-Possession Exclusion Bars Adverse Possession Claims In Title Policies

What You Need to Know Adverse possession claims fall squarely within parties-in-possession exclusions - The court reinforced...