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Massive foreclosures and losses in property value have spurred numerous claims by lenders for coverage under their title policies. Additionally, lenders are filing claims against title insurers under Closing Protection Letters, alleging the insurer is responsible for losses not covered by title insurance, particularly in the context of mortgage fraud. Understanding what title policies and closing protection letters do and do not cover and when a title insurer is liable for the actions of its agents will help you as a practitioner know when to bring a claim and when not to. In addition, tips on what coverage to ask for in handling closings right now will be provided. You will also learn about:
Mortgage fraud: Who might be liable and why
RICO claims involving title insurance lenders and mortgage fraud
Identity theft and how it differs from forgery
The title insurer’s liability if its agent fails to follow closing instructions
Whether declining property values form the basis for a covered title claim
Insuring against mechanics’ liens: does it still exist?
Why the 2006 policy form is best now
Creditors’ rights
Recorded during a live webcast in April 2010.
Credit Information
3 Total CLE credits, 1 of which may be applied toward Ethics
