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Real Property – Title Insurance – Title Defect — Mortgages – Foreclosure (access required)

Preservation Capital Consultants, LLC v. First American Title Insurance Co. Although a lender recouped more at the foreclosure on one of three mortgaged properties (via its own credit bid) than the original mortgage amount – and more than the amount of the title insurance policy – the amount owed on the mortgage had increased, leaving a deficiency which the title insurer must pay, up to the amount the lender could have recouped against a second mortgaged property if there had not been a defect in the title to that second property.

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Real Property – Inverse Condemnation – Temporary Taking – Road Construction – Denial of Access – Damages (access required)

Frampton v. South Carolina Department of Transportation Even though road construction only blocked access to plaintiff’s rental property between November 2008 and January 2010, the trial court correctly allowed the jury to consider plaintiff’s evidence that, because of the planned construction, his tenant vacated the premises in October 2008 before his lease ended and that a short marketing period was required before plaintiff was able to re-let the premises in March 2010.

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Real Estate – Takings Claim Survives for ‘Nuisance’ Cottages (access required)

Trustee Roc F. Sansotta v. Town of Nags Head A North Carolina beach town did not violate procedural due process and equal protection rights of the owners of six beachfront storm-damaged cottages declared to be “nuisances” under a town ordinance, but the 4th Circuit says the trial court erred in holding the owners’ takings claim was not ripe, and remands for further proceedings on that claim.

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