Title Insurance Coverage Narrowed For Properties Sold Through Foreclosure

28 Jun , 2021

To register for the upcoming live webinar, please Click Here

New York State is known for a lot things. Being lender friendly is not one of them. The foreclosure process (especially for home loans) is lengthy and laden with traps. It is also becoming quite onerous, as evidenced by the passage of a recent statute, which creates a significant new impediment to title insurance for home loan mortgages devolving through a foreclosure sale. The new statute, RPAPL § 1302-a, effective December 23, 2019, provides, in essence, that the defense of lack of standing is no longer waivable where the mortgage is categorized as a home loan, even though a defendant neglected to raise the defense in a pre-answer motion to dismiss or in a responsive pleading. If a defendant appeared, their ability to raise the defense continues to the moment when the hammer falls at the foreclosure auction sale. But if a defendant did not appear, then the ability to pursue the defense survives the foreclosure sale, lurking to assault the foreclosure sale title for what is a potentially uncertain duration. It is this unpredictable exposure which understandably makes title companies more than timorous to insure foreclosure sales, and which not, incidentally, creates problems for foreclosing lenders and foreclosure sale bidders.

To register for the upcoming live webinar, please Click Here

More Webcasts

Navigating Rule 8.4(...

Bias and discrimination continue to shape workplace dynamics, legal practice, and professional respo...

Internet and Sports ...

The statistics are compelling and clearly indicate that 1 out of 3 attorneys will likely have a need...

What Should I Do? â€...

"I think he drinks too much - but he's my boss!" “She's the firm's rainmaker, but something i...

Estate Planning and ...

Addressing the sensitive subjects of incapacity, death and health care are not either seamless or pa...

Welcome to the NFL, ...

The always idiosyncratic Nassim Taleb likes to say, “Nothing is more permanent than ‘tem...

Data Privacy Year in...

In today’s fast-evolving digital landscape, data privacy is no longer just a compliance checkb...

Legal Ethics: The Us...

Attorneys have begun to experience what can happen when safe, ethical and legal use of AI is not ado...

Ode to the Joy of HI...

As the Holiday Season is upon us, the widely known “12 Days of Christmas” comes to mind ...

Substance Use in the...

Mary Beth O'Connor will describe her personal history of 20 years of drug use and 30+ years of sobri...

From High-Functionin...

“Maybe I drink more than I should, but it isn’t affecting my life-I’m ‘High-...