Court Report

Lenders disputed whether paying off a first lien mortgage allowed a refinance mortgage to take its first lien position when a home equity line of credit remained on the property at the time of the refinance. Read on for more details.

After getting differing responses from a Louisiana court and local government regarding the proper use of property purchased, the owner of the property sued the title insurer, arguing its policy endorsement covered the current zoning dispute. Read on for more details.

Parties to a purchase agreement that fell through disputed who was entitled to the $2.5 million held in escrow. As part of the case, the court had to determine whether the escrow holder must be joined as a necessary party for the case to continue. Read on for more details.

After the borrower defaulted on their loan, their lender discovered a prior lien on the property that should have been paid with the proceeds of its loan. The lender filed a claim with the title insurer, who denied its claim. The lender then filed suit. Read on for more details.

A couple’s homeowner’s insurer sued their title insurer regarding the duty to defend the couple in a property dispute between neighbors regarding a shared road, seeking a declaratory judgment. Read on for more details.

A refinancing lender didn’t foreclose its property within the statutory limitations period after borrowers defaulted. The proceeds had been used to discharge to existing. A court of appeals concluded the refinance lender’s failure to timely foreclose its lien precluded it from seeking recourse through equitable subrogation. Shortly after the appellate court heard the case, the Supreme Court of Texas heard a similar case and ruled differently. The current case was then brought to the Supreme Court of Texas for review. Read on for more details.

Neighboring landowners disputed the use of a private roadway and the party that did not own the roadway sued the owner to quiet title and requested injunctive relief. A trial court found in favor of the non-owner of the roadway and the owner appealed. Read on for more details.

The Court of Special Appeals of Maryland heard an administrative appeal from the Maryland Insurance Administration relating to the denial of coverage to the insured. The insured sought coverage and litigation expenses from their title insurer under the provision protecting against a lack of a right of access, due to a dispute with their neighbors over the use of a shared driveway leading to their properties. Read on for more details.

After a lender discovered it didn’t have a secured priority interest in property used to secure its loan, the lender filed a claim with its title insurer. The title insurer denied the claim and the lender filed suit. When the trial court granted the insurer’s motion for judgment on the pleadings, the lender appealed. Read on for more details.

The plaintiffs in a kickback class action filed a motion for reconsideration after the U.S. District Court for the District of Maryland dismissed its case alleging a lender accepted illegal kickbacks from a title agent. Read on for more details.