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The Legal Description’s Case Law Report: Third Quarter 2011

The Legal Description’s Case Law Report: Third Quarter 2011

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This year the title industry, and real estate industry generally, have been working through several significant issues, such as invalid foreclosures and fees owed by parties in bankruptcy. These issues were mirrored in the cases decided during the third quarter of 2011.

In The Legal Description’s Case Law Report – Third Quarter 2011, you will find a story about an Arkansas couple who sued several parties after discovering they were victims of escrow fraud. Some of the alleged conspirators argued that the use of the conspiracy theory of in personam jurisdiction at the federal level violated state law. The issue was then brought before the Arkansas Supreme Court.

The right of a party to foreclose on a homeowner has been hotly debated in several cases throughout the year. The Superior Court of New Jersey Appellate Division had to make that determination when it heard the appeal of a trial court decision granting foreclosure. That story is on Page 19.

This 35-page special report includes 16 other cases that impacted the industry in the third quarter. Here are just a few:

  • Foreclosure rescue scam leads to title suit

Dwight Louers et al. v. Shanita Lacy et al.

  • Court finds debt to title company nondischargeable in bankruptcy case

In re Russell LOONEY; Old Republic Title Company of Tennessee as Subrogee to Robert S. Greenberg and Jo Ann Greenberg v. Russell Looney

  • Title co. says it owes no duty to defend in series of ownership disputes

266 Summit LLC v. Lawyers Title Insurance Corp.

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