Court Report

After it won a court case against a couple which was required to deed it the entirety of the 1,300 acres they had mortgaged under a bankruptcy settlement, the mortgage holder sought compensation for the cost of attorneys’ fees, including the fees incurred after the litigation concluded. The title insurer paid the fees incurred during the litigation only and filed suit for declaration that it was not liable for any additional payments. Both parties filed motions for summary judgment. Read on for more details.

A Louisiana woman filed suit against the United States and others, alleging that the government improperly acquired a warranty easement deed over a portion of her property. The settlement agent she claimed conducted the transaction filed a motion for summary judgment of the claims against her. Read on for more details.

After purchasing property in Hurricane, Utah, the new owner discovered that the plat map used in the transaction had a material defect, one of the lots partially overlapped another parcel. The plat map was amended, shrinking the overlapping lot and imposing additional development requirements on all of the lots the owner purchased. The owner filed a claim with his title insurer, which denied the claim. The owner then filed suit against the title insurer. Read on for more details.

Transcripts recently released by the U.S. District Court for the District of Columbia of the preliminary injunction hearing held before U.S. District Judge Timothy Kelly on Dec. 22 in the case of Leandra English v. Donald John Trump, et al. provide some insight into the arguments that may be made when the parties go before the D.C. Circuit Court for oral arguments today. Read on for some insight from the transcript.

A title agency got caught in a lawsuit the purchaser had with the city when the new owners refused to honor an agreement to give the city a right of way to expand a roadway that went along the property. Read on for more details.

After a mortgagor failed to pay the required home owners association assessments, the HOA began the process of filing a lien on the property and foreclosing on that lien. After the property was sold, the mortgagee filed suit against the HOA and the buyer, seeking to set aside the foreclosure. Read on for more details.

After agreeing to five loans for the purchase of 40 acres of land in Arizona, the borrowers defaulted. The lenders then sued their title company, among others, alleging that its representative had breached her fiduciary duty by helping the purchasers facilitate a conspiracy to defraud the lenders through illegal or invalid escrow transactions. Read on for more details.

The United States has filed a complaint-in-intervention against Rosicki, Rosicki & Associates, P.C. , a foreclosure law firm in New York, and its wholly owned affiliates, Enterprise Process Service, Inc and Paramount Land, Inc. , for engaging in a scheme to generate false and inflated bills for expenses and causing those expenses to be submitted to and paid by Fannie Mae. Read on for more details.

A bank filed suit against a title agency, asserting a single claim of negligence and seeking to recover damages in excess of $800,000. The claim revolves around a Home Equity Line of Credit that was not paid off when the non-party seller sold the property via short sale, the closing of which was conducted by the defendant. Read on for more details.

A bankruptcy trustee and one of the insureds covered by a title policy appealed the decision of the bankruptcy court that found that an exclusion and the fortuity doctrine barred coverage under a title policy. Read on for more details.