The Title Insurance Law Journal Access

The Title Insurance Law Journal (The Journal), formerly known as the Title Insurance Law Newsletter, is an annual subscription that allows access to current and historic Journal content, as well as the ability to search for information across our extensive library of content from The Journal going back to 2013.

You can find more information on The Title Insurance Law Journal below.

After logging in to the site, you will be returned to this page. If you are a current subscriber, you will have access to The Journal and search functions below. If you do not have access, you will be able to proceed to purchase or renew your subscription. If you have any questions about access or subscriptions, please contact [email protected].

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The Title Insurance Law Journal Information

The Title Insurance Law Journal (The Journal), formerly known as the Title Insurance Law Newsletter, is the leading source of information about the current law affecting the land title industry nationwide. Ryan C. Squire, partner of the law firm Garrett & Tully PC, is now the third editor of the Journal’s 42-year history. J. Bushnell Nielsen, editor since 1998, will continue as the author of the Title and Escrow Claims Guide. Since 1992, The Journal has provided an insightful and practical analysis on the most important court decisions and developments related to title insurance.

The Title Insurance Law Journal includes an extensive searchable library of content from The Journal going back to 2013 - allowing you to search and find the exact title law content that you need.

Curated especially for title agents, approved attorneys, underwriters, claim administrators and attorneys who practice in title insurance defense work or conveyancing disputes, this monthly e-journal reports on cases addressing:

  • title insurance coverage
  • class actions and regulatory enforcement
  • escrow and closing duties
  • agent/underwriter disputes
  • conveyancing law
  • RESPA compliance and violations

The Title and Escrow Claims Guide and The Journal complement each other and are the best research materials for United States land title professionals and counsel.

Pricing Information

Purchase of a one year single-user subscription grants access to the Journal content to the named single user only. In order to support the ongoing provision of the publication, we ask that any users who access the online or downloaded PDF editions are licensed users only. Multi-user subscriptions for organizations are available at very reasonable prices.

ALTA Member Pricing for One Year Subscription:
  • Single-User: $260
Non-member Pricing for One Year Subscription:
  • Single-User: $385

For Multi-User and Enterprise Licenses, please contact [email protected]. Please include the number of users if you would like multi-user pricing.


Please access a complementary sample of The Title Insurance Law Journal

If you have any questions, please contact Carolina Perez at [email protected].



The Title Insurance Law Journal Issues

Click on any issues to view a summary of the articles and cases included.

2024 2023 2022 2021 2020 2019 2018 2017 2016 2015 2014 2013


Title Insurance

  • No Coverage for Excepted Quiet Title Suit; No Escrow or Sub-Escrow Liability Either: 1500 Viewsite Terrace, LLC v. Pickford Escrow, Inc.
  • Owner Cannot Sue Title Insurer After Trial in Main Case: Mocco v. Frumento
  • Policy Protects Insured Against Liens Attaching to Interest of Her Co-Owner: Degueyter v. First American Title Ins. Co. of Louisiana
  • Refi Rate Suit Loses Federal Jurisdiction When Class Claims Dropped: Gale v. Chicago Title Ins. Co.

Agent Focus

  • Tight Connections to Agent Could Make Underwriter Liable for Alleged Investor Fraud: Adrianne Roggenbuck Trust v. Stewart Title Co.
  • Underwriter Must Prove Claim Settlement Was Reasonable To Collect From Agent: Colonial Title Company, LLC v. Commonwealth Land Title Ins. Co.

Escrow Matters

  • No Escrow Negligence Claim in Texas When Parties Signed Escrow Contract: Luppino v. York
  • Bank Not Liable for Check Fraud: Belle Meade Title & Escrow Corp. v. Fifth Third Bank
  • Alleged Violation of Good Funds Law Does Not Benefit Borrower: Newman v. Bank of New York Mellon

RESPA Alert

  • Class Certified in Section 8 Kickback Case: Palombaro v. Emery Federal Credit Union

Title Insurance

  • Agent's Knowledge Imputed to Insured; Claim Notice Was Tardy: Emigrant Bank v. Commonwealth Land Title Ins. Co.
  • Insurer Recovers From Indemnitor: First American Title Ins. Co. v. Howell
  • Fraud Claim Against Title Insurer Barred: Celestin v. Simpson

Agent Focus

  • E & O Carrier Has No Duty to Defend Escrow Account Lawsuit: Fidelity Nat'l Title Ins. Co. v. Maxum Indemnity Co.
  • Title Agent Not Liable for Search Error: Russo v. PPN Title Agency, LLC

Escrow Matters

  • Rhode Island Escrow Suit Controlled by Legal Malpractice Limitations Law: Fogarty v. Palumbo
  • Escrowee Not Liable Because Seller Made Unsecured Installment Sale: Jenkins v. Security Title Agency Inc.
  • Sub-Escrow Owes No Duty to Borrower: Ruvalcaba v. Ocwen Loan Servicing, LLC
  • Insurer May Argue Lender Negligence as Defense in Flipping Escrow Lawsuit: Federal Deposit Ins. Corp. v. Chicago Title Ins. Co.
  • Conveyance News
  • Unreleased Mortgage Forces Loan Repurchase: Community Banc Mortgage Corp. v. North Salem State Bank
  • Tax Agreement is an Encumbrance: AHF-Bay Fund, LLC v. City of Largo

Title Insurance

  • Limited Recoupment From Non-Borrower Owner: Stewart Title Guar. Co. v. Delcid
  • Title Insurance Is Not Property Crime Coverage: Sullivan v. Chicago Title Ins. Co.
  • Insurer Gets Default Judgment Against Defendants Who Gave No Discovery Documents in Fraud Case: Stewart Title Guar. Co. v. 2485 Calle del Oro, LLC
  • Individuals Are Not Insureds Winding Up Affairs of Corporate Insured: Horowitz v. Stewart Title Guar. Co.
  • Idaho Reissue Rate Class Decertified: Lewis v. First American Title Ins. Co.
  • Bad Faith Failure to Clear Title Claim Abated: Stewart Title Guar. Co. v. The Machado Family Limited Partnership

Agent Focus

  • Time to Sue Agent Begins Running on Policy Date: Stewart Title Guar. Co. v. ISGN Fulfillment Services, Inc.

Escrow Matters

  • Person Who Deposited Money Not a Third Party Beneficiary of Escrow Instructions: Muller v. Stewart Title Guar. Co.
  • Closer Did Not Err in Prorating Taxes: B & H Resources, L.L.C. v. 28925 Lorain Inc.
  • Settlement Agent Not a Mere Notary: DiRenzo v. Katchen

Conveyance News

  • Access Case Against BIA Dismissed: Northern New Mexicans Protecting Land, Water and Rights v. United States

RESPA Alert

  • Title Agencies Did Not Violate RESPA Affiliated Business Rule: Consumer Financial Protection Bureau v. Borders & Borders, PLC

Agent Focus

  • Quicken Loans' Title Agency Did Not Commit Unauthorized Practice of Law: Boone v. Quicken Loans, Inc.

Title Insurance

  • Title Policy Lawsuit Filed Too Late: Park v. First American Title Ins. Co.
  • Sellers Cannot Evade Warranty Liability to Buyers Because Insurer Paid Tax Debt: In re Brown
  • Loan Policy Terminates on Trustee's Sale: Hovannisian v. First American Title Ins. Co.
  • Insurer Cleared Title With Reasonable Diligence: Wade v. Stewart Title Guar. Co.

Escrow Matters

  • Construction Escrowee Has No Duty to Inspect Project: 231 W. Scott, LLC v. Lakeside Bank

Title Insurance

  • Policy and Duty to Defend Terminate on Voluntary Conveyance: Fidelity Nat'l Title Ins. Co. v. Butler
  • Lender That Had Priority by Subrogation Had No Loss: First Bank Texas, SSB v. W.D. Welch, P.C.
  • Easement by Necessity Does Not Automatically Qualify as Right of Access: BJD Properties, LLC v. Stewart Title Guar. Co.

Agent Focus

  • Agent Debt to Insurer is Dischargeable: Conestoga Title Ins. Co. v. Patchell (In re Patchell)
  • Escrow Theft Claim Not Dischargeable in Bankruptcy: Southern Title Ins. Corp. v. Syed Rizwan Mohiuddin (In re Mohiuddin)

Escrow Matters

  • Attorney Closing Error Not a Consumer Protection Act Violation: Faerber v. Troutman & Troutman, P.C.
  • Party Who Rejected Escrowee May Not Sue for Escrow Negligence: Goldberg, Sager & Associates v. Gilewski
  • Judgment Creditor Cannot Grab Debtor's Escrowed Money: O'Reilly Law Group, LLC v. Stewart Title Co.

Closing Protection Letters

  • Court Enforces CPL Notice Time Limit against FDIC: Federal Deposit Ins. Corp. v. Fidelity Nat'l Title Ins. Co.

Conveyance News

  • Willingness to Insure Does Not Make Title Marketable: Latter & Blum, Inc. v. Ditta
  • Actual Knowledge of Lien Matters Even if Defect Foils Constructive Notice: Borries v. Goshen Mortgage, LLC

Title Insurance

  • No Bad Faith on Title Insurance Claim; "Agreed To" Not Limited to Bad Acts: Bank of America, N.A. v. Chicago Title Ins. Co.
  • Ohio Court Bends Over Backwards to Find Mechanic Lien Coverage: Johnson v. U.S. Title Agency, Inc.
  • Insurer Seeking to Fix Title Is Not a Debt Collector: S. Bank, N.A. v. McBride
  • References to Federal Laws Do Not Support Federal Question Jurisdiction: Vos v. First American Title Ins. Co.
  • Pre-Coupment Claim Not Ripe: Fidelity Nat'l Title Ins. Co. v. Wooden

Agent Focus

  • Insurer May Sue Searcher for Claim Payment and Attorneys' Fees: Chicago Title Ins. Co. v. Accurate Title Searches, Inc.
  • Agency Contract Not Clear About Whether Owner Owes for Escrow Account Shortage: First American Title Ins. Co. v. National Title Agency, LLC

RESPA Alert

  • Illinois Attorney Agent RESPA Ruling Left Standing: Chultem v. Ticor Title Ins. Co.

Escrow Matters

  • Principal Cannot Sue Escrowee for Performing Instruction to Alter Deed: Versailles Investments, LLC v. First California Escrow Corp.

Conveyance News

  • Recorder Not Required to Redact Racial Restrictions From Recorded Deeds: Mason v. Adams County Recorder

Title Insurance

  • Insured ‘Agreed To’ Grant Easement, Voiding Coverage; Escrowee Had No Duty to Search Title: Eleazer v. First American Title Ins. Co.
  • Insurer Must Defend Suit Claiming Loan was Fraud on Creditors: Banner Bank v. First American Title Ins. Co.
  • Title Insurer Must Defend All Claims in Pennsylvania: Lupu v. Loan City, LLC
  • Policy Might Insure Title Not Conveyed to Insured: Michael v. Stock
  • Survey Exception Negates Duty to Defend Boundary Dispute Action: Fischer Sand and Aggregate, LLP v. Old Republic Nat'l Title Ins. Co.
  • Proposed Buyer From Insured Not a Third Party Beneficiary of Policy: McRae v. Westcor Land Title Ins. Co.

Agent Focus

  • E&O Carrier That Refused to Defend Must Pay Judgment and Settlement Amounts: Title Industry Assurance Co., R.R.G. v. First American Title Ins. Co.

Escrow Matters

  • Escrow Forum Clause Applies Even When Escrowee Accused of Fraud: Podesta v. Hanzel

Agent Focus

  • Agent Has No E&O Coverage for Theft of Escrow Money by Email Impostor: Resource Real Estate Services, LLC v. Evanston Ins. Co.
  • Time to Sue Agent for Deed Drafting Begins Running When Title Challenged: LCL, LLC v. Falen
  • Agent Not Granted Perpetual Use of Underwriter's Name: Stewart Title Guar. Co. v. Stewart Title Latin America, Inc.

Escrow Matters

  • Time to Sue for Recording Error Begins on Recording: Long v. Freedom Escrow
  • Indemnity Not Enforceable When Escrowee Was Grossly Negligent: Busch v. Welling
  • Title Agent Check Valid to Redeem Taxes: City of Chattanooga v. Tax Year 2011 City Delinquent Real Estate Taxpayers
  • Escrow Instruction Forum Choice Clause Not Enforceable: Summit Diamond Bridge Lenders, LLC v. Philip R. Seaver Title Co., Inc.

Title Insurance

  • Insurer Entitled to Conduct Watchful Waiting in Response to Affidavit: Osprey Landing, LLC v. First American Title Ins. Co.

Conveyance News

  • Buyer Takes Title to Lien Vacated by Void Judgment: OC Interior Services, LLC v. Nationstar Mortgage, LLC
  • Recent Equitable Subrogation Decisions

Title Insurance

  • Full Credit Bid Does Not Extinguish Policy Claim: Equity Income Partners, LP v. Chicago Title Ins. Co.
  • Exclusion 3(a) Negates Coverage for Liens Not Paid Off by Lender's Closing Agent: Northwest Savings Bank v. Fidelity Nat'l Title Ins. Co.

Agent Focus

  • Insurer Not Liable for Acts of Title Agent that Allegedly Abetted Fraud: Thurber v. Thurber
  • Insurer Not Bound by Escrow Agreement Signed by Title Agent: La Candelaria East Harlem Community Center, Inc. v. First American Title Ins. Co.

Closing Protection Letters

  • Latest FDIC CPL Fight in Michigan Muddles On: Federal Deposit Ins. Corp. v. Fidelity Nat'l Title Ins. Co.

RESPA Alert

  • Court Agrees With CFPB on Captive Reinsurance Agreement and RESPA: White v. PNC Financial Services Group, Inc.

Escrow Matters

  • No Class Treatment For Escrow Dispute: Angelo v. Stewart Title & Trust of Phoenix, Inc.
  • Waiver of Jury Trial in Escrow Agreement Is Enforceable: DAB, Incorporated v. Sunbelt Rentals, Inc.
  • 1031 Intermediary Liquidity Problems Not a Racketeering Operation: Germinaro v. Fidelity Nat'l Title Ins. Co.

Conveyance News

  • No Transfer Tax Payable on Mortgage Assignment: City of Chicago v. Elm State Property LLC
  • Recent Equitable Subrogation Decisions

Title Insurance

  • Closing Protection Letter Loss Capped at Value of Property at Time of Foreclosure: Aurora Loan Services, LLC v. Hirsch
  • Michigan Reverses CPL Decision in Favor of Title Insurer: Bank of America, N.A. v. Fidelity Nat'l Title Ins. Co.
  • Seller Has Legal Duty to Disclose Easement Not Excepted in Commitment: Gardner Group, LLC v. Commonwealth Land Title Ins. Co.
  • Unrecorded Easement Exception Did Not Negate Duty to Defend Insureds: Schram v. Fidelity Nat'l Title Ins. Co.
  • Statute of Limitations for Suit on Policy Starts When Claim Is Closed: Grill v. Ticor Title Ins. Co.
  • Insured Cannot Sue Insurer for Bad Title After Court Rules That Her Title Is Good: Gillard v. Fidelity Nat'l Title Ins. Co.

Escrow Matters

  • Borrowers Have No Claim Against Escrowee for Payoff of Borrowers' Income Tax Debts: Edwards v. First American Title Ins. Co.

Agent Focus

  • Lender Sued Title Agent Too Late for Mortgage on Wrong Parcel: S. Bank, N.A. v. HLC Escrow Inc.

Title Insurance

  • No Loss Payable Because Insurer Cleared Title: Kahama VI, LLC v. HJH, LLC
  • Insurer Entitled to Judgment Against Seller for Policy Loss: Glassick v. Wells Federal Bank
  • Closing Agent's Failure to Pay Off Prior Loan Invokes Exclusion 3(a): Plaza Home Mortgage, Inc. v. Fidelity Nat'l Title Ins. Co.
  • Insurance Department Complaint Does Not Keep Case Out of Federal Court: WFG Nat'l Title Ins. Co. v. Peniel Holdings, LLC
  • Coverage Action Determined Property Ownership: Swinger v. Vanderpol, 2016
  • Insurer Cannot Recover Loss From Foreclosure Surplus: Board of Managers of the Coronado Condominium v. Silva
  • Policy Might Cover Water Pipe Because it Might Include Land Where Pipe is Located: Evans v. City of Warrentown
  • Suit Against Title Insurer Frivolous Because Policy Issued by Different Insurer and Dispute Would Not Be Covered: Johnson v. Law Office of Schwartz

Escrow Matters

  • FDIC's Bullying of Closer Does Not Change the Facts: Federal Deposit Ins. Corp. v. Ticor Title Ins. Co.
  • New York Escrowee's Duties Are Very Limited: Sasidharan v. Piverger
  • FDIC Must Prove Escrowee Violated Instructions by Obeying Seller Payment Directions: Federal Deposit Ins. Corp. v. Chicago Title Ins. Co.

Title Insurance

  • No Policy Owed When Requirements Not Met: Bank of New York Mellon v. Commonwealth Land Title Ins. Co.
  • Guest Column: No Constructive Notice When Restriction Not Filed in Chain of Title to Parcel at Issue: By Michael J. Sikora III, Sikora Law LLC, Columbus, Ohio
  • Court Cannot Enforce Settlement After Action Dismissed: Camp Horne Self Storage LLC v. Lawyers Title Ins. Corp
  • No Fiduciary Duty or Punitive Damages Claims on Title Policy Dispute: Johnsen and Allphin Properties, LLC v. First American Title Ins. Co.
  • Title Company Wins Suit Over Claimed Improper Release of Deed of Trust: Eagle Equity Fund, LLC v. TitleOne Corp.
  • Federal $75,000 Jurisdictional Limit Based on DIV, Not Policy Amount: David & Sheri Elter, LLC v. Stewart Title Guar. Co.

RESPA Alert

  • Class Certified in Marketing Services Kickback Case: Fangman v. Genuine Title, LLC

Agent Focus

  • Agency Contract Need Not Say That Mortgages Must Be Recorded: Stewart Title Guar. Co. v. Lewis
  • E&O Policy Void Because Lawsuit Threat Not Disclosed in Application: Alterra Excess & Surplus Ins. Co. v. Excel Title Agency, LLC
  • Insurer Entitled to Arbitrate Claim Against Agent for Search Error: Fidelity Nat'l Title Ins. Co. v. Wendell L. Hawkins, PA

Escrow Matters

  • Escrowee Owed No Duty to Person Not a Party to the Escrow: Alereza v. Chicago Title Co.
  • Bank May Be Liable to Customer for Not Stopping Escrow Fraud: Chang v. JPMorgan Chase Bank