Florida Supreme Court hears arguments in foreclosure case Court Report
The Florida Supreme Court last week heard oral arguments in a foreclosure case that has been watched by many in the real estate and mortgage servicing market in Florida. The court will answer a certified question regarding alleged fraud in the original foreclosure filing. Read on for more details.
Underwriter successful in limiting liability to lender after borrower defaultCourt Report
After a borrower in California defaulted on a $37 million construction loan, the lender sued the underwritten title company and the title insurer for allegedly breaching the lenders closing instructions and the title policy and also for alleged fraud, breach of fiduciary duties and bad faith. After almost 2 months of trial, a jury found otherwise, finding no fault on the part of the title company or the title insurer. Read on for details of this case.
Governor signs major title insurance bill Legislative Developments
Two months after its passage in the Florida legislature, Gov. Rick Scott signed a bill that prepares the way for an effective agent data call and amend other aspects of title insurance regulation. Read on for more details.
New, revised standard endorsements show increase in energy, mineral coverageIndustry News
As the demand for renewable energy and domestic oil and gas reserves has increased over the last several years, so has the demand from energy developers for title insurance endorsements to protect their investments. While individual insurers have been offering this coverage for years, the American Land Title Association recently adopted standard forms for this coverage. The Legal Description spoke with members of the ALTA forms committee to give readers an inside look at the new coverages.
Miswritten lot number leads to negligence suit Court Report
After spending several months building on property he thought he purchased, a man in Oregon found that he had actually purchased an adjacent lot in the same development. As part of a series of court proceedings, he sued the title company for changing the lot number in the title commitment and deed without informing him or the seller of the property. Read on to find out what the Court of Appeals of Oregon had to say when the case came before it.
Kentucky clerks take aim at MERS, title industryCourt Report
Fourteen Kentucky clerks filed suit against Mortgage Electronic Registration Systems Inc. and several others, including the American Land Title Association, First American Title Insurance Co. and Stewart Title Guaranty Co. Read on for more details about the suit.