Title Insurance Claims

Title Insurance Claims Lawyer

Generally, title insurance claims are made when a homeowner’s real property rights are affected by a defect, lien or encumbrance brought by a third party.  Common issues giving rise to a title claim include boundary disputes, divorce, and in today’s world a wrongful foreclosure.  A lot of times, these issues arise when a title search is conducted during the sale or refinancing of the property.

One aspect of title insurance that most people aren’t aware of relates to the duty of a title insurance company to defend a property owner from a claim. The duty to defend is a broadly defined duty, meaning even if the title insurance company doesn’t think you can win your case they still may have an obligation to defend your rights.  Of course, under certain circumstances if they do defend you, they may be able to seek recovery from the homeowner for the cost of defending the claim.  There are, however, things one can do to protect themselves from this possible outcome.  An experienced title insurance attorney can advise you of your rights and guide you through the title claim process.

A more extensive list of title insurance issues that give rise to the filing of a claim include:

  • Fraud, forgery and theft by a closing agent
  • Wrongful Foreclosure - Where a former homeowner seeks the return of their wrongfully foreclosed home and the current owner files a title claim.
  • Adverse possession
  • Boundary and property line disputes
  • Easements, right of way and access issues
  • Title transfers and acquisition disputes
  • Legal description of property
  • Title insurance coverage issues
  • Title reformation actions
  • Zoning, land use and contract disputes
  • Restrictive covenants and deeds
  • Mechanics liens and lien-priority and validity disputes
  • Surveying errors

If you require the services of an attorney to submit a claim to your title company, Larry Tolchinsky, can assist you with that process.  Larry is familiar with the issues related to filing a claim including timeliness, the type of information required to be submitted, and the format of a claim.   

Contact an Experienced Title Insurance Lawyer

If you would like more information about this topic or require assistance in filing a title insurance claim, contact Lawrence Tolchinsky to find out how he can help you. You can contact him by phone at 954-458-8655 or by e-mail through this web site to schedule an appointment and learn more about title insurance. He offers a free initial consultation.

To learn more about Lawrence Tolchinsky, click on this link:  Title Insurance Attorney

 

 

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Lawrence Tolchinsky represents clients throughout South Florida, including the cities of
Hallandale, Hollywood, Aventura, Miramar, Pembroke Pines, Weston, Davie,
North Miami Beach and Dania Beach since 1994

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