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“Better Be Safe Than Sorry in Purchasing an Owner’s Title Insurance Policy,” ABA-TIPS Title Insurance Litigation Committee Newsletter

Fall 2017
Marc W. Brown

“Buyers today, analyzing “closing cost” sheets riddled with fees of questionable purpose and provenance, seek to cut costs where they can—and frequently they look to title insurance,” Goldberg Segalla partner Marc Brown writes in in the ABA-TIPS Title Insurance Litigation Committee Newsletter. But, he warns, “the costs associated with the ultimate litigation of a title dispute far outweigh the cost to purchase a policy that lasts throughout the purchaser’s ownership of the property, and even extends to an heir’s ownership upon bequeath.”

Marc, who has over 12 years of experience handling real estate and title litigation, focuses on four very different cases of title insurance litigation, examining the circumstances that led to the disputes and how owners’ title insurance policies compared to the ultimate costs of litigation.

“It is evident that those who believe that title insurance is unnecessary have never been involved in the sort of litigation illustrated above, and never faced the consequences of losing property in which they devoted significant time and expense in improving,” Marc concludes. “[T]he decision to purchase title insurance is clearly one that leaves a buyer “better safe than sorry.”

The newsletter also features a profile of Marc alongside his article. In his “Member Spotlight,” Marc talks about joining the committee, an interesting adverse possession case he handled, and how he and his family spend their time.