Tag Archives: title insurance
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Client Alert: Canova Land and Investment Company v. Carolyn Lynn
This morning, the Supreme Court of Virginia interpreted a restriction contained within a 146-year-old deed as not being an unreasonable restraint on alienation. In Canova Land and Investment Company v. Carolyn Lynn, the Supreme Court analyzed whether ancient deed restrictions, undiscovered by a subsequent lender, vitiate the security for its loan. In 1875, Edna and Levi Lynn granted a deed to ... Read More
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Client Alert: Wilson v. Eagle National Bank
The United States District Court for the District of Maryland has allowed a complaint alleging Sherman Act violations by a lender in purported conspiracy with its internal title company and competitor title company to proceed. In Wilson v. Eagle National Bank, the Court held that allegations of horizontal price-fixing in title and settlement services, if proven true, constitute per se ... Read More
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Client Alert: Yacko v. Mitchell
The Court of Special Appeals of Maryland has issued an opinion adverse to lenders decrying the “high volume of foreclosure cases” in which lenders “often treat these matters as routine and expect our courts to rubber-stamp the foreclosure with methodical expediency.” In Yacko v. Mitchell, the Court noted that the Maryland Rules mandate that trial courts slow the foreclosure action ... Read More
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Client Alert: Chicago Title Insurance Co. v. Allynnore M. Jen
Last Thursday, the Court of Special Appeals of Maryland issued an opinion on an insurance coverage matter that only eight (8) jurisdictions have issued a published decision on since 1951. Fortunately for the title insurer, the Court of Special Appeals sided with the majority and joined seven (7) of those jurisdictions. While the case raises other issues such as the ... Read More
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Client Alert: SGT Kang’s Group, LLC v. Board of County Supervisors
The Supreme Court of Virginia recently issued an unpublished decision interpreting a reservation of easements prior to a recorded dedication. While unpublished, the decision provides valuable insight into the mindset of the Supreme Court. In SGT Kang’s Group, LLC v. Board of County Supervisors, two adjoining property owners in Prince William County obtained special use permits to construct a car wash ... Read More
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VA: Foreclosure Purchasers Face New Potential Hurdle In Virginia
In Parrish v. Federal National Mortgage Association, the Virginia Supreme Court ruled 5-2 that when a defendant raises a bona fide question of the plaintiff's title in an unlawful detainer/ejectment action before the General District Court, that court loses subject matter over the case and the plaintiff must vindicate its title in the Circuit Court, thereby creating another ... Read More
Virginia Supreme Court Rejects Role of Juries in Title Insurance Bad Faith Claims
In a new opinion that merits review by anyone who underwrites title or defends title insurers in Virginia, a 6-1 majority of the Virginia Supreme Court held that Virginia Code sec. 38.2-209 requires that judges, not juries, make the determination of whether an insurer has acted in bad faith under ... Read More