Completely wrong decision under any State law.  However I sense that the new Federal interest in land ownership records may be at play here.  The Federal court has 1) reduced liability for attorneys by ignoring the minimum standard set by the title standards, 2) reduced liability for title underwriters, 3) and have justified the taking of private property.   The ease with which the title could have been checked is not such a burden that the rights of a lender should trump a co-owner who occupies and possesses the property.  I have a hunch that the lender used off-shore abstracting services from "Peggy in Mumbai" and perhaps Mary's ownership interest was not something they could discover unless that county's records were online and where complete enough to go back far enough in time to discover Mary's title.  So, now do they take chance and go to the Supreme Court?   Perhaps my friends in New Jersey need some legislation and quick!!?? 
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