Court Report

A couple previously sold their home to their daughter’s godfather. The godfather obtained a loan from a lender to complete the purchase. The godfather later sold the property back to the couple, promising he would clear the property of any and all liens. He did not and in fact defaulted on the loan. The lender purchased the property at a foreclosure sale and the couple filed a quiet title suit against the lender.

The Ninth U.S. Circuit Court of Appeals recently ruled in a dispute concerning access to a maintenance road on land that had been taken by eminent domain by the federal government. Decades after the eminent domain, and after the County of Santa Barbara, Calif., put a fence to block the road, the owner of adjacent property sued for access.

Property owners on adjacent lots sued their title insurer for failing to indemnify them in separate actions regarding the use of each property.

The Third Appellate District Court of Appeals of Ohio reversed a lower court ruling in a case brought by a homebuyer who had sent money to scammers instead of an escrow agent after receiving fraudulent wire instructions. It said the lower court was wrong to dismiss the breach of contract and breach of fiduciary duty claims against the escrow agent because genuine issues of material fact remain as to whether an implied agreement for escrow services exists.

After receiving what she felt to be discriminatory treatment after coming back from maternity leave, and ultimately being terminated, a female title company employee filed suit against her former employer for sex-based discrimination and retaliatory discharge in violation of Title VII of the Civil Rights Act of 1964.

When the mortgagee of the first mortgage on property owned by a borrower foreclosed on its mortgage, it included the mortgagee on the second mortgage as a defendant. The second mortgagee filed a claim under its title policy regarding the foreclosure action. After the title insurer obtained a settlement in the foreclosure action, it filed suit against the borrower.

A title policy holder filed suit against its title insurer for breach of contract for failing to compensate the insured for losses allegedly covered by the title policy. The insured moved to dismiss the case, arguing that a necessary party had not been included.

A title insurer sued a law firm after it was discovered the funds sent to the law firm to pay off prior mortgages on two properties had not been used to pay off the prior loans.

A title insurer filed suit against a limited liability company (LLC) and its registered agent for misrepresenting that the LLC owned certain real property in Georgia and asserting a claim for fraud. After the trial court entered default judgment against the LLC andA title insurer filed suit against a limited liability company (LLC) and its registered agent for misrepresenting that the LLC owned certain real property in Georgia and asserting a claim for fraud. After the trial court entered default judgment against the LLC and granted the insurer’s motion for summary judgment against the agent, the agent appealed. granted the insurer’s motion for summary judgment against the agent, the agent appealed.

After a homeowners’ association foreclosed on its lien on residential property in Las Vegas, the holder of the first mortgage on the property filed a claim with their title insurer. When the title insurer denied coverage, the holder of the lien sued the title insurer for failure to provide coverage for a claim under the title insurance contract. The lender brought claims for declaratory relief, breach of contract, breach of the implied covenant of good faith and fair dealing, deceptive trade practices, and unfair claims practices.