Court Report

A title agent sued its errors and omissions insurer for losses relating to an email spoofing scheme in which the agent was tricked into sending real estate loan proceeds to a fraudulent account. Read on to find out how a federal district court ruled on the parties’ cross motions for summary judgment.

An errors and omissions insurance provider filed suit seeking a declaration that it does not owe a duty to defend or indemnify a title agency in a pending putative class action. The underlying action alleges that the title agency improperly charged a buyer, and perhaps thousands of others, a closing fee that was supposed to be paid by the seller. Read on for more details.

In the latest in a case where an insured filed suit against its title insurer after the insurer denied a claim regarding a lien that was not released before it purchased the property, the title insurer seeks summary judgment on the insured’s negligence claim. Read on for more details.

The Virginia State Bar Disciplinary Board recently revoked the license of the attorney who handled LandAmerica Financial Group’s bankruptcy and wind down. He had recently presented an affidavit declaring consent to the revocation of his law license, acknowledging the facts of misconduct regarding his handling of the bankruptcy trust account were true. Read on for more details.

A couple filed suit against the law firms that assisted them for failing to properly inform the couple of the risks of litigating the propriety of a mortgage lien on their residence. This led them to reject several settlement offers in reliance on the firms’ advice, which resulted in an adverse judgment against them. After a trial court granted the firms’ motion for summary judgment in the malpractice litigation, the couple appealed. Read on for more details.

When a couple purchased property in New Jersey, their attorney charged additional funds for recording their deed and mortgage. They filed suit against their title insurer, arguing that they were required to reimburse them for the losses they incurred under the closing service letter and sought certification of a class of similarly situated buyers. Read on for more details.

After the owner of property divided it and sold it to another, the buyer and seller argued as to which party held the easements after sale. The buyer filed suit to quiet title and the seller filed counterclaims for negligence against the title company that conducted the transaction. The title company moved to dismiss the suit. Read on for more details.

The Ninth U.S. Circuit Court of Appeals recently heard a case regarding the superpriority lien of an homeowners’ association against a mortgagee. After the homeowners’ association foreclosed on its lien, the bank filed suit against it, seeking a declaration that the foreclosure sale was invalid and that its deed of trust continued as a valid encumbrance against the real property. Read on for more details.

A couple that loaned money to another couple sought to prevent the discharge of the note they held after the other couple went into bankruptcy. Read on for more details.

After a couple bought a home in Annapolis, Md., their neighbors informed them of a suit they were bringing against them and the developers of the couple’s property due to runoff damaging the neighbors’ property. The couple sought coverage from their title insurer, who denied coverage. After hearing of the denial, the couple filed suit against the title company. Read on for more details.