This shouldn’t surprise anyone, but you need to be aware of this: the title companies are closely following all of the focus on allegations (or concerns about) what is called "robo foreclosures" (see my prior posts). And they are taking action. I’ve been told that several of the largest title insurance companies have become very,… Continue Reading
Tag Archives: Title Policy
Title Insurance Ticking Sound: Indentify Continuing Title Obligations of the Borrower – BEFORE you foreclose or accept a deed in lieu
Posted in Good Times for Lenders, Insurance & Environmental Risks, Tough Times for Lenders, Workout IssuesIn earlier postings, we’ve covered: Verifying title insurance The need to review the terms & scope of the title insurance (2nd in a series; another posting) Some of the title insurance issues when doing a deed in lieu of foreclosure These are all good steps. But they overlook an equally important step: taking another look… Continue Reading
Ticking Sound: Review Your Title Insurance – A Quick Checklist (Part 2 of 2)
Posted in Good Times for Lenders, Insurance & Environmental Risks, Workout IssuesThis is the second part of a two-part series laying out a quick checklist covering title insurance issues—and highlighting topics that should be investigated. This is an important and often overlooked topic. Was UCC insurance obtained (covering attachment, perfection and priority of lender’s security interest in personal property)? Here are the types of transactions where… Continue Reading
Ticking Sound: Review Your Title Insurance – A Quick Checklist (Part 1 of 2)
Posted in Good Times for Lenders, Insurance & Environmental Risks, Workout IssuesNo surprise at this statement: When the real estate mortgage nears the ditch, the lien priority of the loan and the status of the title (such as easements, deed restrictions, access rights and lien priority) all come under scrutiny. One important point of inquiry is the title policy covering the loan. An “audit” or review… Continue Reading