Title Insurance & Title Company Litigation
Even seemingly minor title defects can cause major headaches for buyers, sellers and owners of commercial and residential property. Title insurance is designed to address this risk by protecting the insured against financial loss from title defects, unsatisfied taxes or judgments, fraud, or the enforcement of liens against the property; however, disputes over title insurance do arise – and they can be costly.
Our attorneys have a deep understanding of the highly specialized title insurance laws in Texas and beyond and are thoroughly equipped both to defend clients engaged in title disputes and to offer strategies to help avert potential legal conflicts. We have represented buyers and sellers of commercial and residential property, as well as title insurance companies, title agents, lenders, and brokers in a wide range of matters related to title insurance. Our attorneys have obtained successful results for insurers and insureds in insurance coverage disputes involving highly complex factual and legal issues, including matters of international law.
Jackson Walker also has significant experience and has achieved noteworthy results representing title companies facing claims arising out of the process of closing a real estate conveyance and serving as the escrow agent for parties to transactions. Title companies can face claims for misrepresentation, negligence, or breach of fiduciary duty arising from the process of shepherding a transaction to completion, but our attorneys’ broad experience and familiarity with the industry puts Jackson Walker on the leading edge of this field.
- Adverse possession
- Bad faith claims
- Boundary disputes
- Coverage issues
- Document defects
- Easements
- Erroneous mortgage cancellation
- Errors in conveyance instruments
- Escrow agent claims
- Mechanic’s liens
- Partition actions
- Priority disputes
- Recording issues
- Tax sale disputes
- Trespass to try title
- Unauthorized, forged, or fraudulent instruments
- Muller v. Stewart Title Guar. Co., 525 S.W.3d 859 (Tex. App. – Houston [14th Dist.] 2017, no pet) (affirming summary judgment on claim against title company for breach of fiduciary duty brought by member of limited liability company).
- Stewart Title Guar. Co. v. Spalding, 463 S.W.3d 770 (Mo. Banc 2015) (ruling on accrual of actions under title insurance policy and on scope of damages recoverable based on policy language).
- West Feliciana Acquisition, L.L.C. v. Stewart Title of La., 744 F.3d 352 (5th Cir. 2014) (affirming trial court’s grant of summary judgment and holding that a claim for lost profits or consequential damages was not covered by a lender’s policy of title insurance).
- IQ Holdings, Inc. v. Stewart Title Guar. Co., 451 S.W.3d 861 (Tex. App. – Houston [1st Dist.] 2014, no pet.) (affirming summary judgment for title insurance company on breach of policy claim and for title company on negligence and breach of fiduciary duty claims arising out of closing of condominium purchase).
- McGonagle v. Stewart Title Guaranty Co., 432 S.W.3d 535 (Tex. App. – Dallas 2014, pet. denied) (affirming summary judgment for title insurance company on claims of breach of contract and negligent misrepresentation arising from dispute regarding dedication agreement regarding property).
- Stewart Title Guar. Co. v. Mims, 405 S.W.3d 319 (Tex. App. – Dallas 2014, no pet.) (reversing class certification order in case involving premium rates charged for title insurance policies.
- Mims v. Stewart Title Guar. Co., 590 F.3d 298 (5th Cir. 2009) (reversing class certification order in case involving alleged overcharging of premiums in violation of Real Estate Settlement Procedures Act).
