Insights

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

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

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

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

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

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

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

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

New Jersey Appellate Division Holds Unrecorded Mortgages Enforceable and Sufficient to Trigger Statutory Interest Caps Under N.J.S.A. 31:1-1

In the recently-issued decision of Deutsch v. Iedu Tech., No. A-1541-21, LEXIS 2309 (App. Div. Nov. 23,...