Title Insurance 

In today’s volatile real estate market, it is imperative that a law firm have the background necessary to effectively and efficiently represent insurance companies and insureds by providing a full range of litigation services. With practice group members throughout our four state footprint, the Goldberg Segalla team has significant experience representing insured owners and lenders of real estate. This includes advising, defending, and providing analysis to title insurance companies and their insureds on all aspects of coverage and/or claims involving:

  • Title and priority issue litigation concerning property line disputes, mechanic’s liens, easements, partitions, and adverse possession claims
  • Coverage investigations, response, and litigation
  • Mortgage fraud and fraudulent real estate conveyances
  • In rem tax proceedings
  • Negligence actions surrounding property conveyances
  • Negotiating settlements
  • Foreclosures and bankruptcy actions

The complexity of the claims handled by our title insurance attorneys demonstrate an understanding of the intricacies of owners’ and lenders’ policies, and a familiarity with real property laws. This provides the attorneys with the knowledge necessary to advise their clients in a wide variety of real property disputes.  

Types of matters handled include:

  • Representation of insured in action to remove an improper party to the mortgage and real estate transfer documents
  • Representation of insurer surrounding real estate closing complications
  • Representation of insured in an action to compel the determination of a claim to real property
  • Representation of insured to protect insured’s rights from a sheriff’s sale of insured’s property
  • Representation of insurer in a coverage determination regarding a title policy
  • Representation of insured in negotiating the execution of a replacement mortgage
  • Representation of insured in issues surrounding recording interest of a mobile park
  • Representation of insurer in actions surrounding an estate’s outstanding real estate taxes
  • Representation of insured in negotiation with borrower to complete foreclosure action
  • Representation of insurer in action involving borrower’s execution of real estate documents
  • Representation of insurer in matter to protect insured’s property rights at tax foreclosure sale
  • Representation of insured in action to correct warranty deed
  • Representation of insured in negotiating lobbying efforts with the New York State Legislature to resolve property title issues
  • Representation of insurer through investigation of claim and determination of third party’s standing
  • Representation of insured to correct incorrect legal description attached to insured’s mortgage
  • Representation of insured in action for equitable subrogation
  • Representation of insured in action surrounding the priority of recorded real estate documents
  • Representation of insured to negotiate the execution of a corrected deed
  • Representation of insured in action surrounding third party’s knowledge surrounding sale of property that would remove the third party’s senior position
  • Representation of insured in action surrounding sufficiency of collateral for mortgage and senior position
  • Representation of insured in action surrounding a strict foreclosure proceeding
  • Representation of insured in action surrounding authority to enter into real estate transfer documents
  • Representation of insured in action surrounding a bona fide purchaser’s lack of notice of unrecorded agreement
  • Representation of insured in action surrounding a bona fide purchaser and encumbrancer of property
  • Representation of insured in priority action surrounding expired judgments against real property
  • Representation of insurer in coverage dispute surrounding the investigation of original lenders and agents at closing
  • Representation of insured in action surrounding sale of religious property and implication on recorded mortgage
  • Representation of insurer in action surrounding insured’s duty to cooperate and work with retained counsel
  • Representation of insured in priority action and determination of other party’s senior position in light of delay
  • Representation of insured in mechanic’s lien action surrounding the deposit and discharge of the lien
  • Representation of insured in action surrounding a bona fide purchaser and ownership of property based on recording statute
  • Representation of insured in action surrounding adverse possession of property and battle of expert surveyors
  • Representation of insured in farmer’s Chapter 12 bankruptcy adversary proceeding surrounding gas and oil rights
  • Representation of insured in action surrounding equitable subrogation and missed recorded interest in title search
  • Representation of insured in action surrounding a bona fide encumbrancer for value and payoff of senior mortgage
  • Representation of insured in negotiating a corrected mortgage and executed deed
  • Representation of insured in action surrounding priority of foreclosed mortgage
  • Representation of insured in action surrounding open home equity line of credit and implication on insured’s mortgage
  • Representation of insurer in action regarding the re-execution of mortgage documents
  • Representation of insured in action involving adverse possession, prescriptive easements, and unjust enrichment involving beach-front property
  • Representation of insured in mechanic’s lien foreclosure action and insured’s interest to property surrounding estoppel payments, unclean hands, and equitable subrogation 

For more information, please contact Marc. W. Brown