Recent Case Decisions articles

indemnity agreement, mechanic's lien on construction loan

Is an owner required to reimburse a title insurer under an indemnity agreement when the insurer excludes mechanic’s liens from coverage?

Is an owner required to reimburse a title insurer under an indemnity agreement when the insurer excludes mechanic’s liens from coverage?

An owner of commercial property obtains a construction loan secured by a trust deed and obtains a title insurance policy. As a condition of the policy, the owner indemnifies the insurer against loss by mechanic’s liens.

The homeowner files a claim against the builder for construction defects and violation of the building standards set forth in the Right to Repair Act without first giving notice of the defects to the builder.

Is a homeowner entitled to money losses from a builder for construction defects if the owner fails to send a notice of defects to the builder?

The homeowner files a claim against the builder for construction defects and violation of the building standards set forth in the Right to Repair Act without first giving notice of the defects to the builder.

An individual is in adverse possession of a parcel of real estate for five years. They file a quiet title action to clear title of the owner’s interest of the lot, but fail to deliver the lis pendens to the address listed on the county assessor's roll.

Is a lis pendens void if it was not mailed to a property owner’s address as listed on the county assessor’s roll?

An individual is in adverse possession of a parcel of real estate for five years. They file a quiet title action to clear title of the owner’s interest of the lot, but fail to deliver the lis pendens to the address listed on the county assessor’s roll.

Silhouetted handshake

Is a purchaser of a mortgage liable for the conduct of the lender who sold but continues to service the mortgage?

An owner refinances their mortgage secured by a trust deed on their property and establishes an impound account for the payment of homeowner’s insurance.

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