Bank, insurer argue over handling of title defect

After discovering that another’s ownership interest was not properly subordinated, a bank relied on its title insurer to get the person to sign a subordination agreement. Despite the insurer and the bank believing the interest was subordinated, when the bank went to sell the property, the sale fell through because the buyer believed the other party’s interest was still attached to the property. After waiting 16 months for the title insurer to address its claim, the bank filed suit, alleging breach of contract. Read on to find out what the U .S. District Court for the Middle District of Georgia had to say when the case went before it on the insurer’s motion for a judgment on the pleadings.