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Tag Archives: title insurance

Insurance – Title – Real Property – Easement Endorsement – Damages – Attorney’s Fees (access required)

First American Title Insurance Co. v. Columbia Harbison LLCIn Endorsement 3 to the parties’ title insurance policy, the plaintiff-insurer agreed, with regard to a parking easement, to insure “against loss or damage resulting from an Order of a Court of competent jurisdiction requiring the removal of all or a portion of the structures” designated in the defendant-insured’s “Plans.”

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Real Property – Title Insurance – Damages – Valuation Date – Ambiguity – Certified Question (access required)

Whitlock v. Stewart Title Guaranty Co. Pursuant to a question certified to this court by the U.S. District Court for the District of South Carolina, we hold that where, as here, a title insurance contract does not clearly identify a date for measuring the diminution in value of the insured property or otherwise unambiguously provide for the method of valuation as a result of a title defect...

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Civil Practice – Federal Jurisdiction – Damages – Attorneys – Legal Malpractice Claim – Real Property – Title Insurance (access required)

Fidelity National Title Insurance Co. v. Bernstein According to the plaintiff-title insurer, the defendant-attorney negligently failed to have a prior $200,000 mortgage cancelled or released as part of a real estate closing; later, the bank foreclosed, and the title insurer had to pay $200,000 to satisfy the prior mortgage. Although the foreclosing bank still has the mortgaged properties and could sell them, the attorney has failed to show that the title insurer has not incurred enough damages to allow this court to exercise diversity jurisdiction.

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Landowners face mortgage, title issues when gas leases are sold (access required)

The gas men were coming. That’s what Susan Condlin needed to tell Ted Feitshans when she called his office in January 2010. Condlin, the Lee County director for the N.C. Cooperative Extension, had seen advertisements in the newspaper from companies looking to sign up gas leases, and suspected residents needed help. Feitshans, an extension associate professor in the Agricultural and Resource Economics Department, was the man for the job.

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U.S. Supreme Court hears case involving alleged kickbacks from title insurers  (access required)

BOSTON, MA — At oral arguments two weeks ago, the justices of the U.S. Supreme Court seemed skeptical of a homeowner’s claim that a kickback scheme violated the Real Estate Settlement Procedures Act without showing any actual injury was suffered. In First American Financial Corp v. Edwards, plaintiff Denise Edwards purchased a home in Ohio. In the transaction, her settlement agent referred her title insurance to First American Title. Edwards claims that her settlement agent was part of a network of individual title companies that had entered into exclusive referral agreements with First American that involved kickbacks that violated RESPA.

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Real Property – Title Insurance – Exclusion – Spoilage Easement – Building Permit Ban – Public Record (access required)

Whitlock v. Stewart Title Guaranty Co. A title insurance policy’s exclusion for loss resulting from government police power or regulation concerning land use and improvements on the land does not apply “to violations or enforcement of these matters which appear in the public records at Policy Date,” which was Oct. 30, 2006. The exclusion thus does not apply to an Army Corps of Engineer spoilage easement on record since the 1930’s, nor does it apply to a 2003 county resolution which prohibits building permits except to replace existing structures.

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Real Property – Title Insurance – Availability – Civil Practice – Summary Judgment – Conflicting Evidence (access required)

M&T Group, LLC v. Palmetto Point of Williamston, LLC. Even though the plaintiff-buyer's title insurance company refused to cover title from the defendant-seller, since the seller submitted evidence that such coverage was available, there is a . . .

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