Court Report

After a mistake on a mortgage was fixed, the borrower defaulted on the mortgage and the lender’s assignee attempted to foreclose on the unit. At the same time, the condominium association for the unit foreclosed on its lien on the property. An entity purchased the unit at the condominium association’s foreclosure auction and sought to quiet title to the property. The case eventually went before the 2nd U.S. Circuit Court of Appeals.

The plaintiff in a series of cases regarding property in Denver that was titled to the defendant appealed a lower court order striking a notice of lis pendens recorded on the property as a spurious document.

When a couple purchased property in Woodinville, Wash., from a bank that had acquired the property after foreclosing on the previous owners, it agreed to do so as-is. It also obtained title insurance and later sought coverage for alleged title defects. The insurer denied all but one of the claims, and the couple sued.

A title company settled a lawsuit with a class of plaintiffs that participated in a real estate closing and were charged a separate fee for one of several services.

A party to real estate transactions filed suit against bank and title and escrow entities, alleging they violated her constitutional rights by racially discriminating against her and thwarting her transactions by breaching and interfering with contracts.

The Court of Appeals of Georgia considered whether a defective security deed, which does not provide constructive notice to future bona-fide purchasers of the subject property, may provide inquiry notice in view of a purchaser’s failure to inquire into the chain of title prior to purchasing the property.

The owners of adjacent property both claim ownership of a 1.63-acre parcel of land on the Little Red River in Arkansas. After escalating actions, one party filed a quiet title suit to the property. The case eventually went before the Court of Appeals of Arkansas.

The Supreme Court of Nevada recently heard an appeal from a district court order granting a motion for summary judgment in an insurance coverage and bad faith dispute arising out of an homeowners’ association foreclosure.

The Supreme Court of Washington recently heard a case where the owner of property sued the lender that wrongly foreclosed on the property. The owner prevailed at trial court on both quiet title and damages for slander of title and the trial court awarded substantial fees based on the slander of title claim. The appellate court reversed the slander of title claim but awarded fees to the owner on a new theory before the case was reviewed by the highest court of the state.

A couple, as themselves and as trustees of a trust, filed suit against a title insurer for the purported wrongful foreclosure on their property. Two related cases are also making their way through the court system and the court ruled it was necessary to stay this case pending appeal in the others.