The Title Insurance Law Journal Access
The Title Insurance Law Journal (The Journal), formerly known as the Title Insurance Law Newsletter, is an annual subscription that allows access to current and historic Journal content, as well as the ability to search for information across our extensive library of content from The Journal going back to 2013.
You can find more information on The Title Insurance Law Journal below.
After logging in to the site, you will be returned to this page. If you are a current subscriber, you will have access to The Journal and search functions below. If you do not have access, you will be able to proceed to purchase or renew your subscription. If you have any questions about access or subscriptions, please contact [email protected].
Please Log InThe Title Insurance Law Journal Information
The Title Insurance Law Journal (The Journal), formerly known as the Title Insurance Law Newsletter, is the leading source of information about the current law affecting the land title industry nationwide. Ryan C. Squire, partner of the law firm Garrett & Tully PC, is now the third editor of the Journal’s 42-year history. J. Bushnell Nielsen, editor since 1998, will continue as the author of the Title and Escrow Claims Guide. Since 1992, The Journal has provided an insightful and practical analysis on the most important court decisions and developments related to title insurance.
The Title Insurance Law Journal includes an extensive searchable library of content from The Journal going back to 2013 - allowing you to search and find the exact title law content that you need.
Curated especially for title agents, approved attorneys, underwriters, claim administrators and attorneys who practice in title insurance defense work or conveyancing disputes, this monthly e-journal reports on cases addressing:
- title insurance coverage
- class actions and regulatory enforcement
- escrow and closing duties
- agent/underwriter disputes
- conveyancing law
- RESPA compliance and violations
The Title and Escrow Claims Guide and The Journal complement each other and are the best research materials for United States land title professionals and counsel.
Pricing Information
Purchase of a one year single-user subscription grants access to the Journal content to the named single user only. In order to support the ongoing provision of the publication, we ask that any users who access the online or downloaded PDF editions are licensed users only. Multi-user subscriptions for organizations are available at very reasonable prices.
ALTA Member Pricing for One Year Subscription:- Single-User: $260
- Single-User: $385
For Multi-User and Enterprise Licenses, please contact [email protected]. Please include the number of users if you would like multi-user pricing.
Please access a complementary sample of The Title Insurance Law Journal
If you have any questions, please contact Carolina Perez at [email protected].
The Title Insurance Law Journal Issues
Click on any issues to view a summary of the articles and cases included.
2024 2023 2022 2021 2020 2019 2018 2017 2016 2015 2014 2013
- Bush Nielsen, Long-time Editor of Journal, Passes Baton to Ryan Squire
Title Insurance
- Unrecorded Code Violations Do Not Make Title Unmarketable: Atallah v. Fidelity National Title Insurance Company
- Prendergast Formula Is Not The Sole Method For Calculating Loss Under Title Policy In Texas: Regal Center LLC v. Fidelity National Title Insurance Company
- Insured Waives Attorney Client Privilege When Seeking Fees Against Insurer: Byers v. Superior Court
- If Improved, Property Should Be Valued As Improved: Jha v. Chicago Title Insurance Company
Conveyance News
- A Survey Does Not Speak For Itself—Surveyor Must Testify To Establish Boundary Line: Macy v. Eason
- Transfer Of Property From Corporation To Trust Constitutes Change In Ownership For Tax Purposes: Prang v. Los Angeles County Assessment Appeals Board
- No Misappropriation Or Conversion Of Intangible Rights Such As Right Of Redemption Under Tennessee Law: Family Trust Services LLC v. Green Wise Homes LLC
- Fraudulent Transfer Found Under Texas Law: In re Strange
- Merger Doctrine Bars Creation Of Easement: English v. Barnett
- Merger Doctrine Does Not Bar Creation Of Easement: Reynold Venture Group IX, LLC v. Summit Plaza Shopping Center, LLC
- District Court Discusses Unsettled Question Of Constructive Notice Of Bankruptcy Discharge Orders: Escamilla v. Dyck-O’Neal, Inc.
- Recording Of Deed Starts Statute Of Limitations: Katz v. Katz
Title Insurance
- Overholtzer Does Not Preclude Highest and Best Use in Valuation: Tait v. Commonwealth Land Title Ins. Co.
- Access Coverage Not Satisfied by Permissive Travel: Coolbeth v. Connecticut Attorneys Title Ins. Co.
- Testimony Needed on Whether Accurate Survey Would Disclose Underground Gas Pipeline: MKA Exchange Powell, LLC v. First American Title Ins. Co.
- Insurer Diligently Cleared Title By Settling Lawsuit: Nagra v. First American Title Ins. Co.
Escrow Matters
- Escrowee Disclosed Claimed Fraud Issue Through Title Commitment: Moldovan v. Long
- Closer Not Required To Hire Sign Language Interpreter For Deaf Seller: Burnett v. Title Professionals Group Ltd.
- Wire Transfer Fraud Negligence Claim Against Bank Survives: Approved Mortgage Corp. v. Truist Bank
Conveyance News
- Title Voided 28 Years Later Due to Forged Deed: McKenzie v. Boodoo
Title Insurance
- Title Clearance Does Not Require Lawsuit; Possession Exception Negates Duty to Defend Adverse Possession Claim: Main Street Ltd. Partners v. Commonwealth Land Title Ins. Co.
- Insurance Lawsuit Stayed Until Road Status Decided: Munden v. Stewart Title Guar. Co.
- Ohio Court Affirms That Policy Arbitration Provision Not Enforceable Because “Not Usual”: Fucci v. Bowser
- No Mechanic Lien Coverage Under Covered Risks 10 and 12: NorthMarq Finance, LLC v. Fidelity Nat’l Title Ins. Co.
Escrow Matters
- Trustee of Deed of Trust Still Ensnarled in Borrower Action: Carpenter v. Fawcett
- Recent Fed Reserve Rule Sets Check 21 Fraud Loss Rules: 63rd & Morgan Currency Exchange, Inc. v. Citibank, N.A.
- Wire Transfer Fraud Warnings Do Not Automatically Exonerate: Lanahan v. Regions Bank
- Lawsuit on Texas Escrow and Purchase Sent to New York: Sommery Lot 2 LP v. Sommery Round Rock TX, LLC
Conveyance News
- Title Not Made Good By Offer of Insurance: 771 Allison Court LLC v. Sirianni
Escrow Matters
- Prior Lawsuit Did Not Preclude Action Against Escrowee in Same Sale: Ebbeler v. WFG Nat’l Title Co. of Washington, LLC
- Escrowee Had No Duty To Send Building Code Report To Buyers: Decuir v. West Coast Escrow
- Texas Closer Must Tell Seller If Its Own Attorney Is Qualified to Serve as Exchange Intermediary: In re Chris Pettit & Associates, P.C
- Liquidated Damages in Holdback Escrow Not Enforceable: Schmuelian v. Bichoupan
Agent Focus
- Agent Liability For Wire Transfer Fraud May Depend On Safeguards: Cengiz v. Huron Title Co.
Title Insurance
- Owner’s Affidavit “No Encumbrance” Statement Includes Assessments Not Yet Due: DJL AZ Investments LLC v. Chicago Title Ins. Co.
- Insurer Proved Up Policy, And That It Does Not Cover Dam Repairs: Boyd v. Fidelity Nat’l Title Ins. Co.
- Texas Bad Faith Claim Began Running on Date of Claim Payment: Regal Center LLC v. Fidelity Nat’l Title Ins. Co.
- Insurer’s Knowledge of Zoning Code Action Did Not Invoke Zoning Violation Notice Coverage: Sachtleben v. Alliant Nat’l Title Ins. Co.
- Puerto Rican Practices Cause Another Policy Limits Loss: MCLP Asset Company, Inc. v. Stewart Title Guar. Co.
Title Insurance
- Providence Rhode Island Development Rights Policy Coverage Saga Ending: IDC Properties, Inc. v. Chicago Title Ins. Co.
- CLTA 100.13 Endorsement Does Not Give Post-Policy HOA Lien Coverage: Wells Fargo Bank, N.A. as Trustee v. Commonwealth Land Title Ins. Co.
- Owner Must Repay Insurer That Paid His Taxes to Protect His Lender: Sherwood v. Old Republic Nat’l Title Ins. Co.
- Title Expert Excluded Because Disclosure Was Very Tardy and a Switcheroo: Holman-Farrar Holdings, LLC v. Old Republic Nat’l Title Ins. Co.
Escrow Matters
- Closing Statement Trumps Loan Agreement As a Disbursement Instruction to Escrowee: Cottonwood Development Corp. v. Longhorn Title Co.
- New York Requires Delivery to Third Party to Form an Escrow: In re Odonata Ltd.
- Escrowee Did Not Violate Laws by Closing Loan With Onerous Terms: Cary v. First American Title Ins. Co. Lenders Advantage
- Missouri Court Has Jurisdiction Over Maryland Residents in Wire Fraud Action: Fidelity Nat’l Title Ins. Co. v. APM Management Service’s, LLC
- Excessive Notary Fee Class Action Suit Trimmed But Continues: Seplow v. ClosingPro, Inc.
Agent Focus
- Pro Forma Did Not Make Agent Liable For Causing Proposed Transaction to Happen: Johnston v. Flying S Title & Escrow, Inc.
- New Jersey Says That Mobile Notaries and Abstractors are Title Agent Employees: Your Hometown Title, LLC v. New Jersey Dep’t of Labor and Workforce Development
Title Insurance
- Policy Does Not Insure Ability to Later Divide and Build on Insured Parcels: Kiritsis v. Stewart Title Guar. Co.
- Street Address Does Not Cause Policy to Insure Lien on Parcel Not Mortgaged: Deutsche Bank Nat’l Trust Co. v. Stewart Title Ins. Co.
- Federal Judge Lines Up With Nevada Supreme Court in Homeowner Assessment Case: HSBC Bank USA N.A. v. Chicago Title Ins. Co.
Agent Focus
- Court in Agency Employment Case Applies New Federal Rule to Strike Expert Testimony: Cleaver v. Transnation Title & Escrow, Inc.
- Court Dismisses Title Agent Suit Against FedEx For Promised Discount: Metropolitan Title Agency, Inc. v. Federal Express Corp.
Escrow Matters
- Claims Survive Against Trustee on Deed of Trust: Carpenter v. Fawcett
- Cyberattack Warrants Extension of Closing Date Set By Court Order: In re Strudel Holdings LLC
- No TILA Rescission on Purchase Loan and No Claims Against Closer: Cabrera v. Nazor
- Agent Gets Judgment Against Guarantor for Loan Paid Off to Protect Insured: Parsa v. Weststar Title, LLC
- Hawaii Refuses to Dismiss Claims Against Escrow Company Brought By Lender To Be Paid from Escrow: Wolf v. Heis
- Escrowee Owes No Duty to Person Claiming Sale Proceeds: Lyons v. Birmingham Law Office, LLC
Title Insurance and Escrow
- Insurer-Escrowee Not Liable For Second Parcel Buyers Thought They Would Receive: Christensen v. First American Title Co.
Title Insurance
- Insurer Gets Judgment Against Borrower on Note, But Not for Indemnification: Chicago Title Ins. Co. v. Valembrun
- Court Dismisses Insurer’s Parent Company From Coverage Lawsuit: S. Bank, N.A. v. Fidelity National Title Group, Inc.
- Forgery Claim Barred by Statute of Limitations: D’Angelo v. JP Morgan Chase Bank
- Very Tardy Disclosure of Expert Reports Okay Because They Are Important: Holman-Farrar Holdings, LLC v. Old Republic Nat’l Title Ins. Co.
Agent Focus
- Competing Owner Cannot Sue Title Agent For Agreeing to Insure Title: Crehan v. McGuire
Escrow Matters
- Covid Rule Overturns Default Judgment Against Escrowee But Court Does Not Make Judgment Creditor Return Garnished Money: Big Bell 21, LLC v. Title Alliance Elite Agency, LLC
- Wire Fraud Victim Keeps Claims About Sending Bank’s Post-Wire Conduct: Pirata P.S.C. v. Bank of America
- Filing of Lawsuit Discussed in Escrow Agreement Was Not a Condition to Release of the Money: 1754 Weeks Ave LLC v. Brewster
Conveyance News
- Survey and Title Insurance Policy Impart Inquiry Notice of Unrecorded Easement: JMMJ Development, LLC v. Town of Greenport
Title Insurance
- Title Insurance Commitment Makes Title Unmarketable as a Matter of Law: JhLandfall Trust LLC v. Fidelity Nat’l Title Ins. Co.
- Insurer Has Duty to Defend Lender Insured in Suit Accusing it of Conspiring with Fraudster: Sharestates Investments, LLC v. WFG Nat’l Title Ins. Co.
Conveyance News
- Hard Money Lender Not Held to Lower Standard in Establishing Bona Fide Encumbrancer Status: Cathay Bank v. Bonilla
RESPA Alert
- Hard Money Lender Not Held to Lower Standard in Establishing Bona Fide Encumbrancer Status: Bezek v. First Nat’l Bank of Pennsylvania
Escrow Matters
- Presumption From Acknowledgment That Signatures Are Genuine Is Overcome by Facts: Prakelt v. Reform Physicians
- Unit Owners Have Voice in Enforcing Condominium Lien Release Agreement: Fidelity Nat’l Title Ins. Co. v. Arcon Tenant Improvement Contractors
- Replacement Mortgage Doctrine Used to Prevent Junior Lienor’s Windfall: Capital Bank, N.A. v. Cornerstone Capital, LLC
- Escrow Suit Fails Because Escrowee Performed Its Instructions: McGraw v. Kim
- Bank’s Lawyer Not Liable to Borrower under TILA For Issuing Inflated Payoff Letter: Formica v. Parke Bancorp, Inc.
- Ironclad Release Shuts Down Escrow Lawsuit: 1125 Morris Avenue Realty LLC, v. Title Issues Agency LLC
Title Insurance
- Insureds Agreed To Take Title Subject to Expense of Completing House, Negating Coverage for Recorded Violation Notice: Jha v. Chicago Title Ins. Co.
- No First Party Bad Faith Against Title Insurer in Maryland, But Common Law Claim Survives For Now: Fidelity Nat’l Title Ins. Co. v. Perkins
- Encroaching Fence Does Not Invoke Homeowner’s Coverage for Someone’s Right to Limit the Use of the Land: Braud v. First American Title Ins. Co.
Agent Focus
- Insurer Says North Carolina Agent Breached Contract by Giving Closings to Attorney Not on Approved List: First Nat’l Title Ins. Co. v. Buccaneer Title, LLC
Escrow Matters
- Forum for Wire Transfer Fraud Action Not Set by Loan Agreement: Astone v. Global Mortgage Group, LLC
- Escrowed Money Is In Trust and May Not Be Garnished: Philips North America, LLC v. KPI Healthcare, Inc.
- Deal Broker May Sue Escrowee For False Statements Although He Was Not a Party to the Escrow: Cadu Medical, LLC v. James Worldwide, Inc
- Escrow Mishandling Becomes Claim of Aiding and Abetting Securities Fraud: Securities and Exchange Commission v. Aaron-Cain McKnight