Court Report

The Supreme Court of Montana considered an appeal from the state’s Fifth District Court involving property owners that clashed with their title insurance company over the handling over a private access road.

An appeals court case heard from a title agent looking to overturn a prior decision that found in favor of a family that had inherited property with an unrecorded deed.

While arbitrating a property boundary dispute with their neighbor, a household of co-plaintiffs sought defense and indemnification in the dispute from their title insurance company. The title company denied coverage, and the plaintiffs filed suit.

An Indiana man was sentenced to three years in prison for his role in a Chicago-based mortgage fraud scheme targeting multiple financial institutions to the tune of more than $1.5 million.

The Superior Court of New Jersey’s Appellate Division heard an appeal from the spouse of a previous defendant in a quiet title dispute, who sought intervention in the sale and deed transfer of her marital home. The appellant had previously been denied intervention by the court’s Chancery Division.

After a bank was sued by the relative of a trust holder over defaulted loans and alleged mishandling of closing procedures, the trust’s title insurance issuer was asked to defend against the claims. The insurer declined, and the bank and insurer filed cross motions for summary judgement.

A realty company sued their title insurer seeking indemnification and defense after several third parties alleged claims adverse to, or defects with, the title to property it purchased in Catskill, N.Y. The court denied the realty company’s motion for partial summary judgement and granted the insurer’s motion for summary judgment. The realty company appealed.

The Supreme Court of South Carolina disbarred an attorney and title agency owner for misappropriating loan proceeds for multiple clients and failing to use loan funds to pay off clients’ mortgages.

In light of Texas Top Cop Shop Inc., et al. v. Garland, et al., companies are “not currently required” to file beneficial ownership information with the Financial Crimes Enforcement Network (FinCEN) by the Jan. 1, 2025, deadline, FinCEN said in an alert posted on its website.

Two property owners sought their underwriter’s help in defending against a rescission claim. A trial court ruled the underwriter had no duty to defend the insured because the suit alleged claims against the property owners purportedly not covered by their policy. They appealed.