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    Ground Leases: Some Basics, Some Specifics and How to Make Them Financeable
    2018-06-29

    Ground leases are fairly common but sometimes overlooked property interests. A succinct but adequate definition of a ground lease was articulated by Herbert Thorndike Tiffany (Tiffany on Real Property § 85.50 [3d ed.]) as follows:

    Filed under:
    USA, Banking, Insolvency & Restructuring, Real Estate, BakerHostetler, Beneficial ownership, Title insurance
    Authors:
    Eben P. Clark
    Location:
    USA
    Firm:
    BakerHostetler
    Texas Federal Court Holds Exclusion 3(a) Bars Claim of Insured Owner and Bankruptcy Trustee
    2018-03-27

    The United Stated District Court for the Eastern District of Texas recently affirmed a bankruptcy court’s holding that an insured’s claim was barred under the title insurance policy’s exclusion for title risks “created, allowed, or agreed to by” the insured. SeeMoser v. Fidelity Nat’l Title Ins. Co., 2018 WL 1413346 (E.D. Tex Mar. 21, 2018). Kernel and Stanley Thaw (the “Thaws”) were a married couple, and in 2008 a creditor brought an action against Stanley seeking repayment of a debt.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Real Estate, Riker Danzig LLP, Title insurance, US District Court for Eastern District of Texas
    Authors:
    Michael R. O’Donnell
    Location:
    USA
    Firm:
    Riker Danzig LLP
    Pennsylvania Appellate Court Affirms Order Granting of Summary Judgment to Title Insurer Based on Survey Exception
    2018-02-27

    The Superior Court of Pennsylvania recently affirmed a trial court’s order granting a title insurance company summary judgment based on a defect that a survey of the premises would have shown. SeeKreider v. Correia, 2018 WL 359285 (Pa. Super. Ct. Jan. 11, 2018). In the case, the plaintiff insured purchased a property after the lender had obtained it via a foreclosure (the “Property”). Before plaintiff purchased it, the real estate agent informed him that the Property included a two-car garage and some other surrounding land.

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Insurance, Litigation, Real Estate, Riker Danzig LLP, Foreclosure, Title insurance, Superior Court of Pennsylvania
    Authors:
    Michael R. O’Donnell
    Location:
    USA
    Firm:
    Riker Danzig LLP
    Illinois Fed. Court Holds No ‘Bad Faith Denial Of Coverage’ Against Title Insurers in Illinois
    2017-08-01

    The U.S. District Court for the Northern District of Illinois recently held that a title insurer may exclude coverage under the exception for defects “created, suffered, assumed, or agreed to by the insured claimant” without intentional or wrongful conduct by the insured. 

    In so ruling, the Court also held that the Illinois statute for bad faith denial of coverage by insurers did not apply to title insurers.

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Insurance, Litigation, Real Estate, Maurice Wutscher LLP, Mortgage loan, Foreclosure, Title insurance, US District Court for Northern District of Illinois
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    The Provisional Nature of Discharge: Trustee's Knowledge of Fraud May Not Be Imputed to United States Trustee
    2016-06-29

    The purpose of filing for Chapter 7 bankruptcy is to discharge debts. But even after obtaining a discharge, a debtor is not totally in the clear. A recent case in the United States Bankruptcy Court for the Western District of Michigan involves an adversary proceeding in which the United States Trustee sought to revoke a Chapter 7 debtor’s (the “Debtor”) discharge.[i]

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Litigation, White Collar Crime, Foster Swift Collins & Smith PC, Debtor, Fraud, Title insurance, Bankruptcy discharge, Trustee, United States bankruptcy court
    Authors:
    Patricia J. Scott
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC
    The use of receiverships for managing troubled assets
    2010-08-10

    Receiverships are becoming a popular tool for creditors to manage distressed real estate and to realize upon their collateral. Lenders are looking at receiverships as a faster and more efficient and cost effective strategy than forcing a debtor into bankruptcy. They offer the lender flexibility as opposed to well established procedures under bankruptcy. The current economy is also resulting in increased use of receiverships to complete unfinished buildings.  

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Saul Ewing LLP, Bankruptcy, Debtor, Collateral (finance), Limited liability company, Mortgage loan, Foreclosure, Legal burden of proof, Condominium, Liability insurance, Refinancing, Default (finance), Title insurance, Bank of America
    Authors:
    Samuel H. Levine
    Location:
    USA
    Firm:
    Saul Ewing LLP
    Calculating title insurance claims: reduction in value vs. insured claim
    2014-10-31

    First Am. Bank v. First Am. Transp. Title Ins. Co., 759 F.3d 427 (5th Cir. 2014) –

    After a mortgagor filed bankruptcy, a lender brought claims under a ship mortgage insurance title policy. The lender appealed the district court’s determination of the amount due under the policy, contending that the court used the wrong date of valuation, miscalculated the value of one of the insured vessels, and improperly made certain deductions.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Shipping & Transport, Troutman Pepper, Title insurance
    Location:
    USA
    Firm:
    Troutman Pepper
    Title insurance: may not solve as many problems as you might expect
    2014-07-08

    Amzak Capital Mgmt. v. Stewart Title of Louisiana (In re West Feliciana Acquisition, L.L.C.), 744 F.3d 352 (5th Cir 2014) –

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Real Estate, Troutman Pepper, Debtor, Title insurance
    Location:
    USA
    Firm:
    Troutman Pepper
    Lenders' risk: who really owns the collateral?
    2014-04-03

    Unlike real estate transactions where a lender can obtain title insurance, secured lenders are often relying upon the representations and warranties in their loan agreement and the borrower’s audited financial statements, if and when determining whether the collateral securing their loans is owned by the borrower or another pledgor.  After default, a lender may find itself in a precarious position whereby it is unable to foreclose on the collateral because it is not owned by its borrower and it does not have a pledge from the person that actually does own the property.  According

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Blank Rome LLP, Debtor, Collateral (finance), Title insurance
    Authors:
    Nikolaus J. Caro
    Location:
    USA
    Firm:
    Blank Rome LLP
    U.S. Bankruptcy Court holds Illinois mortgage may be avoided for failure to state interest rate and maturity date
    2012-04-20

    In a ruling on February 29, 2012, the U.S. Bankruptcy Court for the Central District of Illinois allowed a bankruptcy trustee to avoid an Illinois mortgage as to other creditors of the estate because the mortgage failed to expressly state the maturity date of and interest rate on the underlying debt (In Re Crane, Case 11-90592, U.S. Dist Ct, C.D. IL, February 29, 2012).

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Litigation, Dykema Gossett PLLC, Debt, Mortgage loan, Maturity (finance), Title insurance, Constructive notice, United States bankruptcy court
    Authors:
    Michael S. Kurtzon , Gary P. Segal , Diana Tsai
    Location:
    USA
    Firm:
    Dykema Gossett PLLC

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