Insights

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...

Federal Court Decision Holds Transgender Status and Gender Dysphoria May Constitute Disability Under FHA, ADA, and Rehabilitation Acts but Plaintiff Failed to Plead Necessary Factual Links

The United States District Court for the District of Oregon (“the Court”) recently issued an opinion with...

Wisconsin Court of Appeals Finds for Title Insurer Despite Late Policy Issuance

The Court of Appeals of Wisconsin, District Three recently upheld a summary judgment finding for title insurer...

Pennsylvania Federal Court Dismisses Statutory Claims, Allows Breach of Contract Claims in Wire Fraud Case

In a wire fraud claim raised by a bank’s customer, the United States District Court for the...

NJ Appeals Court Holds Failure to Plead Bankruptcy Discharge Not a Waiver of Affirmative Defense in Post-Discharge Action

In a decision approved for publication, addressing the intersection of New Jersey Court Rule 4:5-4 and 11...

NJ Supreme Court Holds Attorney Review Period Not Required in Absolute Auction Sales

The New Jersey Supreme Court recently held that the mandatory three-day attorney review clause that must be...

Florida Federal Court Holds Exclusion 3(a) Bars Coverage Under Title Policy

The United States District Court for the Northern District of Florida recently held that a property owner...