Title Insurance Law Journal

Title Insurance

• Endorsement Not Reformed and Exclusion 3(a) Does Not Control: Regions Bank v. Commonwealth Land Title Ins. Co.
• Insurer Cannot Sue Defense Counsel for Malpractice: Stewart Title Guar. Co. v. Sterling Savings Bank
• Survey Exception May or May Not Apply to Deeded Right-of-Way: Patel v. Lawyers Title Ins. Corp.
• Lender Has No Loss When Lien Fails on One Parcel but Foreclosure Nets More Than Loan Amount: Doss & Associates v. First American Title Ins. Co.
• No Bankruptcy Discharge for Debtor Who Gave False Lien Affidavit: Stewart Title Guar. Co. v. Roberts-Dude
• Bankruptcy Discharge Does Not Depend on a ‘Benefit’: In re Speisman
• Partial Disclosure of Lien Rights Enough to Thwart Knowledge Exclusion: Stewart Title Ins. Co. v. Credit Suisse
• Insurer May Recover From Loan Fraudster: Stewart Title Guar. Co. v. Sanford Title Services LLC

Escrow Matters

• Time Limit to Sue in Escrow Instructions Enforced: Openiano v. First American Title Ins. Co.
• Escrowee Cannot Conduct Two Escrows at Same Time for Sale of Same Property Time Limit to Sue in Escrow Instructions Enforced: In re SMIC, Ltd.

Agent Focus

• CRESPA Can Support Tort Claims in Virginia: Fidelity Nat’l Title Ins. Co. and Commonwealth Land Title Ins. Co. v. Washington Settlement Group, LLC

Title Insurance

• Buyer Assumed or Agreed to Decree Making Land Part of National Park: Citigroup Global Markets Realty Corp. v. Stewart Title Guar. Co.
• No Policy Coverage for Land Not Insured: Batra v. Electronic Land Services, Inc.
• Use Restrictions Were Zoning Conditions, Not Title: Sonnett v. First American Title Ins. Co.
• Policy Not an Abstract and Insurer Did Not Interfere With Property Owner’s Rights: Walker v. Anderson-Oliver Title Ins. Agency, Inc.
• Physical Access Not Equal to Right of Access; No Duty to Defend Permit Hearing: Guenther v. Old Republic Nat’l Title Ins. Co.
• Environmental Cleanup Cost Relevant to Diminution Calculation: Commonwealth Land Title Ins. Co. v. OMG Americas, Inc.
• Pending Condo Lawsuit Does Not Affect Its Title: Yen v. Chicago Title Ins. Co.
• No Duty to Except Right Barred by Marketable Title Act: Village Carver Phase 1, LLC v. Fidelity Nat’l Title Ins. Co.
• Loan Policy Not Terminated by Release of Void Mortgage: Countrywide Home Loans, Inc. v. United General Title Ins. Co.
• Case Venue Not Based on Agent’s Location: PNC Bank N.A. v. Fidelity Nat’l Title Ins. Co.
• Claims Against Construction Disburser Time-Barred: Stewart Title Guar. Co. v. Inspection and Valuation International, Inc.

Agent Focus

• Title Agent Has Standing to Clear Title: In re County Treasurer
• Title Agent License Revoked for Abetting Loan Fraud: All American Title Agency, LLC v. Department of Financial and Professional Regulation

Escrow Matters

• Escrowee Cannot Be Sued for Failure to Pay Commission Not Legally Earned: Business Advisors, Inc. v. Chicago Title Ins. Co.
• Settlement Agent That Accepted Seemingly Valid ID Not Liable for Identity Theft: Countrywide Home Loans, Inc. v. United General Title Ins. Co.
• Escrowee Has No Duty to Command Deposit of Money: Clarkston Holdings, Ltd. v. Avington Park Condominium Ass’n, Inc.