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Dissent highlights disturbing potential for increasing escrow holder policing and disclosure obligations

USA - March 4 2014 A new decision in Ash v. North American Title Co. holds that (1) contract damages based upon a bankruptcy were not foreseeable, and (2) an escrow…

Trustee empowered to void foreclosure sale where error discovered before delivery of trustee’s deed

USA - May 21 2013 California’s Supreme Court affirmed a trustee’s right to void a non-judicial foreclosure sale based on mistakes in the foreclosure process discovered…

One-stop shop? Court finds no violation of California’s notary statute limiting fees charged for “taking an acknowledgement” where additional services provided

USA - February 8 2013 A California court has confirmed that notaries who provide services additional to notarizations may charge for such services without violating the fee…

A cautionary tale on holding title: marriage license does not override domestic partnership agreement

USA - January 22 2013 A recent case, the Estate of Wilson, 2012 WL 6216869 (1st Dist. 2012), illustrates generally why escrow holders should avoid giving advice to parties…

Identifying red flags to avoid fraud in an escrow

USA - November 16 2012 Few people would risk closing any real estate transaction without using the services of the neutral party known as an escrow holder.