LexisNexis® Legal Newsroom
More Analysis Of The Impact of U.S. Bank v. Ibanez Decision: VIDEO

By Richard D. Vetstein, ESQ Harold Clarke, Esq., Senior Underwriter for Westcor Title Insurance Company-New England says the U.S. Bank v. Ibanez decision could be one of the most important real estate decisions in recent memory. He explains how it will impact the Massachusetts real estate market...

Vetstein Law Group: Lawmakers To The Rescue? Legislation Filed To Fix “Ibanez” Foreclosure Title Defects

By Richard D. Vetstein, ESQ Massachusetts Senate Bill 830 Addresses Toxic Foreclosure Titles Finally, Massachusetts lawmakers have taken action to help innocent purchasers of foreclosed properties in the aftermath of the U.S. Bank v. Ibanez and Bevilacqua v. Rodriguez decisions, which resulted...

Ballard Spahr LLP: Title Insurers Not Liable for Agent's Negligence

By Robert A. Scott Title insurance companies can enforce exculpatory provisions in title insurance policies that exclude liability for tort claims based on a negligent title search performed by an agent, Maryland's highest court has ruled. In 100 Investment LP v. Columbia Town Title [ enhanced...

Pennsylvania Title Washes Upheld

The Pennsylvania Superior Court, [ enhanced version available to lexis.com subscribers ], has reversed the Court of Common Pleas of Centre County and upheld the controversial “title wash” tax sale principle first applied by the Pennsylvania Supreme Court in Hutchinson v. Kline , 49 A. 312...

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – September 4, 2014 Update

Anticipated award of a divorcing couple’s Vermont vacation home was not enough to support the wife’s claim of homestead . The Vermont Supreme Court held in March that a homestead interest in real estate requires both occupancy and title. A wife who was divorcing her husband moved into a vacation...

Ibanez Update: Land Court Ruling May Clear Defective Titles

It appears we may be nearing the end of the misery resulting from the infamous U.S. Bank v. Ibanez , [ enhanced version available to lexis.com subscribers ], foreclosure decision, which has caused hundreds if not thousands of title defects across the Commonwealth. A recent Land Court ruling combined...

Gov. Patrick Effectively Kills Act Clearing Titles to Foreclosed Properties

Senate Bill 1987 Would Have Cleared Title For Innocent Homeowners Acceding to the demands of fair housing community activists, Massachusetts Governor Deval Patrick has rejected Senate Bill 1987, An Act Clearing Titles to Foreclosed Properties . The bill would have cleared title of homes affected by...

SJC Puts The Nail In Popular Foreclosure Defense Strategy

Abate v. Fremont Investment & Loan : High Court Rules That “Try Title” Procedure Only Available After Foreclosure Auction Completed , [ enhanced version available to lexis.com subscribers ]. After Deutsche Bank foreclosed his Newton home, Thomas Abate brought a lawsuit in the Land...

The Importance of Fences in Adverse Possession

It is often said that tall fences make good neighbors. In the world of adverse possession, the presence of a fence can often be the difference between winning or losing. The vast majority of legal transfers of title occur through a transaction: buyer makes an offer to purchase real property from a...