Articles & Case Summaries
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California Cases
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Court Rules on Escrow Responsibility (PDF)
An unpublished court of appeal decision refused to extend escrow responsibility to a non-party warehouse lender who provided no escrow instructions. The court also followed a recent decision that forged notes did not create any indebtedness under title policies because no money had been actually loaned to the purported borrowers. The court did not address whether the title policies were void because of the fraud of the insured or the issue of rescission of a title policy.
Legal Articles
Private Transfer Fee Covenants and Their Consequences for Real Property” (PDF)
by American Land Title Association - February 2010
The TOUSA, Inc. Bankruptcy Decision: Anatomy and Implications of a Landmark Creditors' Rights Case (PDF)
by Arthur F. Coon and Kristin B. Peer, Miller Starr Regalia - January 2010
Nationwide Life Insurance Company v. Commonwealth Land Title Insurance Company: What steps must an insurer take to make certain restrictions “expressly excepted” from coverage when an ALTA 9 Endorsement is issued? (PDF)
By: Richard G. Carlston and Ella K. Gower, Miller Starr Regalia - December 2009
Water Boundaries Called into Question
by John Briscoe, Briscoe Ivester & Bazel - November 2009
The Marketable Record Title Act -- Is Private Foreclosure Barred Ten Years After Maturity, Or not? (PDF)
by Lewis J. Soffer, February 2008
Dividing Land and Air: The Impact of the California Subdivision Map Act (PDF)
by Michael E. Dullea, George E. Hurley, Jr. and Christina R. Sansone - 2007
Reprint permission granted by CA Real Property Journal
CA Appellate Court Reaffirms Limited Duties of Escrow Holders (PDF)
Opinion one of only a few to address "sub-escrow" law in CA - by Stuart B. Wolfe, Wolfe & Wyman LLP, September 2006
Mortgage Impairment Product is Title Insurance According to California Court of Appeal
The California Court of Appeal has upheld the cease and desist order issued by Insurance Commissioner Garamendi, against Radian, a mortgage guaranty company. April 4, 2005
Disputes over the Location of Existing Walls or Fences in California
By Lawrence Lacombe, January, 2004
Common Title Insurance Pitfalls to Avoid for the General Practitioner (PDF)
By John MacMillan, 2000
New Court Case - Triple A Management Co. v. Frisone
By Robin Meadow, Esq.
Title Insurance Coverage For Revocable Trusts
By Lawrence E. Green and Elliot F. Smith
Buss v. Superior Court
By Lawrence E. Green and Robin Meadow
Abode Assurance - CLTA's New Homeowner's Policy
By Lawrence E. Green
Senior Lien Maintains Priority Modifications are Junior
The "Creditor's Rights Exclusion" in light of the Ninth Circuit's Recent Decision of In re McConville
By Keith Turner, Esq. and Robert Ryan, Esq.
Creditors' Rights Issues for Title Insurers
By Joseph C. Bonita
When is a Release Not a Release?
By Robin Meadow
Title Insurers Duty to Defend Limited to Covered Causes of Action
Attorney General Opinions
Attorney General Rules on Tentative Subdivision Map Ordinance
The California Attorney General has issued an opinion (Opinion 07-704) that a county board of supervisors may adopt an ordinance requiring that the county surveyor, and not a deputy county surveyor, conduct public hearings and make initial determinations on tentative subdivision maps submitted for county approval, because the ultimate power to review tentative subdivision maps is vested in the board of supervisors.
Attorney General Rules on Property Database Containing Public Official Information
The California Attorney General has issued an opinion (Opinion 06-802) that a county recorder does not have to obtain permission from local officials whose information might be transmitted over a limited access network.
(Bulletin 08/09-20 - August 7, 2008)
The State Attorney General’s Office released a legal opinion concluding that a parcel boundary map is required to be released to the public for copying and inspection and the assessor must provide. News Express, October, 2005
Opinion of Bill Lockyer, Attorney General (PDF)
The repeal of Streets and Highways Code section 905 in 1961 did not cause counties to obtain fee title ownership pursuant to the presumption of Civil Code section 1105 to any county highway where the deed conveying the land under the highway was ambiguous with respect to the interest intended to be transferred to the county. July, 2005
California Law Revision Commission
California Law Revision Commission Issues Recommendation on Transfer on Death Deed
The California Law Revision Commission (CLRC) has analyzed the revocable transfer on death deed, or beneficiary deed,as it is known in some jurisdictions, for possible adoption in CaliforniaNews Express, September 5, 2006
