Title Insurance

Overview

We handle a wide range of matters for title insurers and their insureds. We serve as lead counsel in complex title matters in 17 states.

Key Matters 

Class Action Defense

• Obtained denial of class certification in consumer class action alleging title insurance underwriter overcharged for title insurance premiums in mortgage refinance transactions.
• Obtained denial of motion for class certification in putative multistate class action alleging overcharging for title insurance.
• Obtained dismissal of putative multistate class action alleging violations of RESPA, unfair trade practices, and unjust enrichment based on alleged overcharging for title insurance.
• Obtained reversal of class action discovery order requiring production of more than 300,000 title agent closing files.
• Obtained dismissal of putative class action alleging that the unearned split of premiums with agents constituted a RESPA violation.
• Represented national title insurance underwriter in defense of putative class action alleging improper fee splitting with national builder in violation of RESPA; Settled.
• Represented numerous national title insurance underwriters and agents in defense of approximately 15 separate putative class actions around the country alleging failure to comply with reissue rate regulations; Five were dismissed, two settled, balance pending.
• Collaborated with lead counsel in federal class action in Ohio in which the court decertified a statewide class alleging overcharges for title insurance premiums.

Coverage Disputes

• Represented national title insurance underwriter in defense of claim involving restrictive covenants at shopping center where title policy did not contain exception for restrictions; Obtained settlement that limited loss to less than 10 percent of damages sought.
• Represented national title insurance underwriter in defense of claim involving a lis pendens not excepted from title policy; Defeated coverage based on the "assumed and agreed to" policy exclusion.
• Represented national title insurance underwriter in defense of claim involving allegations of adverse possession and an unrecorded agreement; Defeated coverage based on the "parties in possession" and "accurate survey” policy exceptions.
• Represented national title insurance underwriter in defense of claim involving allegations that insured leases were disguised financing arrangements; Defeated coverage based on the "assumed and agreed to" policy exclusion.
• Represented national title insurance underwriter in defense of claim involving absence of title to submerged lands where title policy had no "sovereignty lands" exception; Obtained settlement substantially limiting loss and pursued subrogation claim against seller on behalf of insurer.
• Represented national title insurance underwriter in defense of claim involving allegations of overburdening of easements and rights of way ownership; Defeated coverage based on the "assumed or agreed to" and "created subsequent to date of policy" policy exclusions.

Defalcation Actions

• Represented major title insurance underwriter in coordinating claims resolutions stemming from multimillion-dollar title agent defalcation; Obtained $1.89 million restitution order and coordinated with criminal authorities who obtained a five-year jail term for title agent’s principal.
• Represented national title insurance underwriter regarding agent defalcation of more than $8.5 million; Recouped more than $6.5 million.
• Represented national title insurance underwriter regarding agent defalcation of more than $4 million; Obtained contribution from bank, fidelity insurer, and third parties significantly reducing loss.
• Represented national title insurance underwriter regarding third-party misappropriation of approximately $4 million; Obtained prejudgment writs of attachment against approximately 50 properties and prejudgment writs of garnishment against multiple bank accounts leading to recoupment of entire loss.

Closing Protection Letter Disputes

• Represented national title insurance underwriter in defense of claim by national lender for $8.6 million alleging series of inflated appraisals and failures to follow closing instructions; Obtained dismissal of all tort claims and settled remaining contract claim.
• Represented national title insurance underwriter in defense of lender’s claims of $100,000 in losses, and that underwriter’s agent was part of fraud scheme to inflate the property’s value and divert loan proceeds to the borrower; Claim denied after factual investigation resulting in no liability to underwriter.

Market Conduct and Unfair Trade Practice Disputes

• Represented national title insurance underwriter in defense of RESPA investigation by U.S. Department of Housing and Urban Development that involved alleged kickbacks to realtors; Consent agreement negotiated with no liability finding.
• Represented two title insurance underwriters regarding market conduct examinations by the Florida Office of Insurance Regulation.
• Represented national title insurance agency regarding market conduct examination by Florida Department of Financial Services; Consent agreement negotiated with no liability finding.

Title and Closing Agent Disputes

• Represented lender in challenge to validity of its mortgage on grounds it was unauthorized under a partnership agreement; Obtained summary judgment based on finding of ratification; affirmed on appeal.
• Represented lender in challenge to the priority of its mortgage; Obtained summary judgment based on doctrine of equitable subrogation; affirmed on appeal.
• Represented title company regarding “flip” transaction where plaintiff alleged failure to disclose the recent purchase, and environmental problems with the property; Obtained dismissal with prejudice; affirmed on appeal.
• Represented prior owner of property in action to establish title under constructive trust; Obtained judgment re-establishing title after bench trial; affirmed on appeal.