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The nation's largest title companies trust Ganfer Shore Leeds & Zauderer to resolve complex title disputes.

Multifaceted Perspective

Our Title Litigation Practice synthesizes the strengths and experience of our real estate litigators and transactional attorneys. Additionally, one of the practice leaders understands the client experience first-hand, having been in-house major claims counsel for a leading title insurer. Blending these diverse skills and insights, we develop innovative strategies to achieve the best possible results through cost-effective motion practice, through trial, on appeal, and through mediation. Our multidisciplinary practice also advises underwriters on coverage determinations and claim resolutions.

The Work

We represent title insurance companies and their insured owners and lenders in a wide range of complex title issues, including:

  • Breach of contract
  • Fraud
  • Fraudulent conveyances
  • Forgery
  • Breach of fiduciary duty
  • Bad faith
  • Lien and judgment priority
  • Impersonation
  • Boundary disputes
  • Cooperative and condominium law
  • Partition proceedings
  • Title agent disputes
  • Mechanics liens
  • Surrogates practice
  • Family Law

 


Representative Matters
  • Successful defense of a lender’s multi-property mortgage against a claim that the lender allegedly had been involved in a fraudulent scheme to divest the seller of title
  • Vacatur of 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 upheld on appeal
  • Defense of the priority of a recorded bona fide mortgage lien over an attorney’s charging lien, which resulted in the insured lender being paid the entire outstanding amount of principal and interest, a ruling upheld on appeal
  • Dismissal of a claim alleging priority over an insured’s equitable lien
  • 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
  • Dismissal of a claim against a building owner alleging that an “employee” had been promised a share of the profits from the sale of the owner’s multi-family building

Our Title Litigation practice is led by Mark A. Berman and Jason A. Ganfer.