Tag Archives: title insurance

Season 3, Episode 4

September 16, 2024Episodeproperty survey, title defects, title insurancecbowness

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Title Nerds co-hosts Michael O’Donnell and Bethany Abele talked with special guest Jeffrey Greif, a seasoned real estate title sales professional with 37 years’ experience, most of which has been with First American Title Insurance Company, with which he is a four-time Circle of Excellence award winner. Jeffrey explained why title insurance is necessary, to confirm that “the property you think you are buying is actually the property you are buying,” giving examples of the various title defects that can be uncovered when conducting title searches, including neighbor disputes, inheritance issues, fraud, and more. Jeffrey discussed how title insurance has evolved over the years and how technology has fueled new enhancements, along with cautions against relying on attorney opinion letters in lieu of title insurance. Also, since Bethany described Jeffrey as a “fantastic networker,” he provided valuable and practical networking tips for professionals.

He closed with a fascinating war story from his career, where his team had to research documents from 100 years ago in order to confirm property ownership.

Next, Riker Danzig associate Matthews Florez provided an overview of a recent case decided in the Court of Appeals in Washington State, finding that a title insurance company could deny coverage to a policyholder based on an exception for loss by reason of “matters disclosed by a record of survey” when the recordation information for a boundary line adjustment was disclosed only on the survey. Matthews and Mike discussed the details of the case, High Definition Homes, LLC v. Stewart Title Guar. Co., No. 58677-1-II, 2024 Wash. App. LEXIS 1601 (Ct. App. Aug. 6, 2024), which makes clear the importance of understanding and exploring what is disclosed in a property survey prior to purchase.

Season 3, Episode 1

March 6, 2024Episodeexpert consultants, joint tenancy, title expert, title insurancecbowness

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Co-hosts Mike O’Donnell and Bethany Abele kicked off the third season of Title Nerds by welcoming special guest Bushnell Nielsen, author of the well-regarded treatise Title and Escrow Claims Guide, which Mike and Bethany noted they and every title insurance attorney in the country regularly refer to. Bush provided tips on finding and working with expert consultants for title insurance cases, from hiring to trial.

He gives his insight on when you should find the expert, asking specific questions to discern if the expert knows what you need the expert to know, how to work with an expert on his report and testimony and addressing the other side’s expert, and other procedural tips.

Mike then interviewed Kevin Hakansson, an associate in our Title Insurance practice, about Pillai v. Scalia, 103 Mass. App. Ct. 1122 (2024), a case at the intersection of family law, real estate and joint tenancy. Title to the property at the center of the case originated in joint tenancy between three parties, but questions arose after a divorce, a death, a resale and a refinancing, at which point a possible title defect was uncovered. Kevin explains the facts of the case that resulted in the Appeals Court determining that the surrounding circumstances demonstrated that joint tenancy was what parties’ intent dictated.

Season 1, Episode 2

July 29, 2021Episode11th Circuit, adversary complaint, bankruptcy, coverage investigation, debtor, deed, Eight Corners Doctrine, In re Lindsey, quiet title, real estate, reform, title insurancecbowness

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Title Nerds hosts Mike O’Donnell and Bethany Abele welcome fellow Riker Danzig attorneys Ron Ahrens and Mike Crowley to the podcast. In the first segment, Mike O’Donnell and Ron Ahrens talk about coverage investigations in the context of title insurance, drawing on some of their experiences in uncovering fraud and collusion, as well as issues in more routine fact-based investigations. They cover the analysis of covered claims, including what issues are probed, the Eight Corners Doctrine and beyond, privilege issues when a challenge to title is being litigated at the same time a coverage investigation is ongoing, and common exclusions and exceptions. Next, Bethany Abele interviews Mike Crowley about the 11th Circuit’s In re Lindsey case (2021 WL 140661 11th Cir.), which raises two issues of interest to title insurers. First, the case addresses whether a Bankruptcy Court can retain jurisdiction over an adversary complaint seeking quiet title after the debtor dismisses the bankruptcy action. Second, it analyzes the Court’s decision to reform a deed to include the debtors’ 50% interest even though the seller failed to sign individually and later claims he never intended to do so, as the evidence all points to the intention to convey his interest through the bankruptcy. Mike O’Donnell, Bethany Abele, Ron Ahrens and Mike Crowley are all members of Riker Danzig’s Title Insurance and Commercial Litigation Practices.

Season 1, Episode 1

May 3, 2021EpisodeALTA, Daniel's Law, litigation, mechanic's liens, mortgage, New Jersey, real estate, residential deeds, title insurancecbowness

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Title Nerds hosts Mike O’Donnell and Bethany Abele are joined by fellow Riker Danzig attorneys Mary Kay Roberts and Mike Crowley. In this inaugural episode, Mike O’Donnell talks to Mike Crowley about the Fifth Circuit’s Hall v. Old Republic case (990 F.3d 933, 5th Cir. Mar. 10, 2021) concerning coverage for mechanic’s liens, and then turns to changes in ALTA’s Owner and Lender Policies. Bethany Abele and Mary Kay Roberts discuss New Jersey’s new “Daniel’s Law” (A1649 P.L.2020 c.125)/S3453 P.L. 2021, c.24) protecting the disclosure of certain personal information of judges, prosecutors and some others, as well as the impact of the Planned Real Estate Development Full Disclosure Act /Homeowner’s Association Fees Corrective Bill (S908 P.L. 2020, c.100), and a bill encouraging the Timely Recording of Residential Deeds (A3396/S1319). Mike O’Donnell, Bethany Abele and Mike Crowley are all members of Riker Danzig’s Title Insurance and Commercial Litigation Practices, while Mary Kay Roberts is a lobbyist and Governmental Affairs partner, heading Riker Danzig’s Trenton office.