Title Insurance Litigation
Ganfer & Shore’s attorneys represent title insurance companies and their insured owners and lenders in a wide range of complex title disputes. Our firm’s strength in title matters draws upon the multi-disciplinary composition of the group: transactional real estate attorneys with in depth real estate and title insurance background and litigation attorneys experienced in handling the full array of complex title-related issues. The firm’s title insurance litigation team is led by a senior litigation partner and a real estate transactional attorney who served as an assistant major claims counsel at one of the largest title companies in the United States. This unique combination enables us to tackle the most complex title disputes, whether through litigation or successful mediation. In addition to our litigation experience, we counsel underwriters on coverage determinations and claim resolutions.
Recent litigations have included:
- Defense of the priority of a recorded bona fide mortgage lien over an attorney’s charging lien, which matter resulted in the insured lender being paid the entire outstanding amount of principal and interest, and which ruling was sustained on appeal.
- Vacated a default against an underwriter in a suit by its insured for damages based upon the theory of an improperly handled claim, and thereafter obtained summary judgment in favor of the underwriter, which decision was sustained on appeal.
- Dismissal of a claim against a building owner alleging that a “nanny” had been promised a share of the profits from the sale of the owner’s multi-family building.
- Successful defense of a lender’s $5,000,000 multi-property mortgage against a claim that the lender allegedly had been involved in a fraudulent scheme to divest the seller of title.
- In a reversal on appeal, obtained a result in favor of a mortgage recording company on a claim for indemnification asserted by counsel for a mortgagee predicated upon an allegedly improper UCC filing.
- Dismissing a claim made by a lender alleging priority over an insured’s equitable lien.