Follow

Banking, Title Insurance, and Real Estate Litigation Blog Blog

Articles: 1-10 of 457

Federal Appeals Court Denies Easement Rights-Based Challenge to Eminent Domain Title

USA - May 24 2023 On May 10, 2023, the Ninth Circuit Court of Appeals (“the Court”) issued a wide-ranging opinion - currently pending publication - in the matter of…

Alabama Court Reforms Reverse Mortgage and Foreclosure Deed Due to Mutual Mistake

USA - May 18 2023 In Davis v. Reverse Mortgage Solutions, No. 2:20-cv-632-CWB, 2023 U.S. Dist. LEXIS 42496 (M.D. Ala. Mar. 14, 2023), the United States District Court…

Escrow Agent’s Theft of Premium Payment Insufficient to Compel Provision of Title Coverage

USA - May 10 2023 On April 25, 2023, the United States District Court for the Western District of Washington (“the Court”) issued its opinion in the matter of Ticor…

Texas Appellate Court Dismisses Fraud and Fiduciary Duty Claims Against Title Insurer and Title Agent

USA - May 4 2023 On February 28, 2023, the Texas Third District Court of Appeals (“the Court”) entered its opinion in the matter of Houndstooth Capital Real Estate…

N.J. Appellate Court Issues Guidance on Sufficient Proofs Under Revised “Fair Market Value” Standard

USA - April 27 2023 On April 21, 2023, the New Jersey Appellate Division (“the Court”) issued an important and uniquely topical decision in the matter of NR Deed, LLC v…

NJ Appeals Court holds tax certificate’s interest rate does not control when tax sale is set aside

USA - April 19 2023 In the recent matter of Mo Geo LLC v. City of New Brunswick, No. A-2019-21, LEXIS 436 (App. Div. Mar. 23, 2023), the New Jersey Appellate Division…

NY Holds Short-Term Rentals Excluded by “Single Family Residential” Use Restriction

USA - April 12 2023 On March 7, 2023, the New York Supreme Court (“the Court”) issued its opinion in West Mountain Assets LLC v. Dobkowski, N.Y. Slip Op. 23064 (N.Y. Sup…

Illinois District Court Holds ECOA Protections Inapplicable to Prospective Loan Applicants

USA - March 14 2023 On February 3, 2023, the Northern District of Illinois (“the Court”) issued an important opinion in the matter of Bureau of Consumer Financial…

Maryland Court Illustrates the Unique Challenges of RESPA Class Actions

USA - February 7 2023 In Morgan v. Caliber Home Loans, Inc., 2022 U.S. Dist. LEXIS 208704 (D. Md., Nov. 16, 2022, No. 8:19-cv-02797-PX), the United States District Court…

11th Circuit Holds No Modification for Principal Residence Mortgage in Bankruptcy

USA - February 2 2023 In the United States Court of Appeals for the Eleventh Circuit’s (“the Court”) recently issued decision In re Bozeman, 2023 U.S. App. LEXIS 545 (11th…