Insights

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,...

Arkansas Court of Appeals Holds Insured’s Negligent Recording of Its Mortgage Can Trigger 3(a) Exclusion to Preclude Coverage

In the recently-decided matter of First National Bank of Izard County v. Old Republic National Title Insurance Company,...

NJ Appellate Division Holds That HOA Declaration Trumps Prior Recorded Mortgage in Certain Instances

The New Jersey Appellate Division, in a published opinion, recently held that in certain instances, a recorded...

Sixth Circuit Reaffirms Mortgagor’s Right to Excess Proceeds in a Foreclosure Under Doctrine of Equitable Title

The United States Court of Appeals for the Sixth Circuit recently issued an opinion reaffirming mortgagors’ post-foreclosure...

Federal Court Affirms No General Duty for Title Insurers to Search For and Disclose Title Defects Unless Preparing Abstract of Title

In Mansur Properties, LLC v. First American Title Insurance Company, 2022 US Dist. LEXIS 190201 (WD Wash...