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A Title Insurer's Duty to Defend Non-Title Claims in a Title Lawsuit

Title insurers have a duty to defend policyholder when they are sued for matters that can impair the policyholder's title in a way that the policy covers.  But if the lawsuit contains other claims against the policy holder that do not involve title, does the title insurer have to defend those too?

ALTA Announces Dates, Venues for 2015 Conferences
The American Land Title Association (ALTA), the national trade association of the land title insurance industry, announced dates of its 2015 major meetings.
Punctual Abstract
ALTA Awards NTP Designations to Four Title Professionals
The American Land Title Association (ALTA) recently awarded four National Title Professional (NTP) designations to individuals from Virginia, California, Ohio, and Louisiana. The four designees join 34 other industry leaders from around the country who have earned the prestigious professional designation.
MBA: Mortgage Delinquency Rate HIts Seven-Year Low
The delinquency rate for mortgage loans on residential properties decreased to a seasonally adjusted rate of 5.85 percent of all loans outstanding at the end of the third quarter of 2014-- the lowest level since the fourth quarter of 2007. 
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Borrowers, Beware: The Robo-Signers Aren't Finished Yet
Robo-signed foreclosure documents may interfere with Fannie Mae's recent push to get deficiency judgments on thousands of Florida borrowers.
End of Fed bond buying may nudge mortgage rates
The Fed's withdrawal from the Treasury market could have a bigger effect if the economy heats up.
Six people accused of stealing dead woman's house.
Six men-- including a probate lawyer, a real estate agent, and two funeral directors-- have been charged in a scheme to steal a dead South Philadelphia woman's rowhouse and car.
City, HCW get $90M policies in Landing lawsuit
The city of Branson, Missouri and a development company have reached a settlement with title insurers in a long-standing, high-dollar title dispute
New suit alleging kickbacks should be "wake-up call" for brokers: analysts
A new federal court suit alleging kickback violations by one of the country's top-producing real estate sales teams raises an unsettling question for homebuyers.
MBA Weekly Report: Mortgage Application Volume Decreases
Mortgage applications decreased 0.9 percent from one week earlier, according to data from the Mortgage Bankers Association’s (MBA) Weekly Mortgage Applications Survey for the week ending November 7, 2014.
"About that three-story tattoo parlor you're building next door..."

Title insurance does not cover all items in the public record that are adverse to the buyer; rather, title insurance covers what the policy says it covers.  Thus, it is possible to have title insurance and yet be underinsured.  This can lead to unfortunate situations where matters of record inhibit a buyer's plans for a property but do not give rise to coverage.

The Holy Grail of Lending Fail: Getting the Mortgage AND Note Wiped Out

When a bank makes a mortgage loan but does not get a properly drafted and validly executed mortgage, the bank may be unable to foreclose on the property it intended to secure the underlying promissory note, but it can still get a judgment against the borrower on the note.  However, in a recent case, further missteps in the foreclosure action on a fatally flawed mortgage ended up effectively wiping out the note as well.

Better to be Lucky than Good

A title company totally botched its handling of a transaction on an Idaho property.  As a result, the buyer did not get title to a large parcel he believed he was getting.  But this time, the title company got lucky.

Ohio Supreme Court: Homeowners Can't Challenge Old Foreclosures on Standing

The Ohio Supreme Court has resolved a major question that has put into question the status of title of thousands of homes that have been subject to foreclosure judgments.

Georgia Supreme Court Removes All Doubt: Witness-only Closings are Illegal

The state of Georgia has required real estate closings to be conducted by attorneys since the 1930s.  But this has not stopped the prevalent usage of "witness-only closings," where an attorney is present at the closing but does not conduct it.  This has changed recently, as the Georgia Supreme Court has issued an advisory opinion that states that a lawyer can't ethically participate in a witness-only closing.

On the Blogs

DRN Definite Solutions, LLC - Can I get some feed back on this Company please
Suzi Wallace's Blog
2014/11/20
1 comments

San Mateo County Advances Anti-Business Plans
William Pattison 's Blog
2014/11/12
2 comments

Custodian of Records
William Pattison 's Blog
2014/11/03
0 comments

Standards and Practices of Foreclosure Investors
William Pattison 's Blog
2014/10/20
1 comments

Abstracting soundtrack
Teresa Wright's Blog
2014/10/20
3 comments

Camera on Foreclosures: The Dirty Little Cheaters
William Pattison 's Blog
2014/10/11
2 comments

NOT Indexing by legal description - YIKES!!
Teresa Wright's Blog
2014/10/09
10 comments

When is a lien not a lien?
CHARLENE PERRY's Blog
2014/08/28
1 comments

Third party vetting issue rears it's ugly head again
CHARLENE PERRY's Blog
2014/08/15
2 comments

Non Public Information and title agents
CHARLENE PERRY's Blog
2014/08/14
1 comments

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