Title Insurance
Title insurance is crafted to mitigate the risks faced by buyers, sellers, and property owners arising from defects in, on, and around title to real property. It serves as a safeguard for both homeowners and lenders against encumbrances and flaws related to lien priority and ownership of real property. These defects can manifest in various forms, such as fraudulent claims of ownership, improperly recorded documents, forgery, unlawful liens, and encroachments. Unlike conventional insurance policies that shield against unforeseen future events, title insurance provides protection against historical issues with the property’s title.
The mechanism of title insurance involves shielding the insured party from financial losses resulting from title defects, unresolved taxes or judgments, fraud, or the enforcement of liens against the property. Disputes over title can be financially burdensome when they arise.
Our legal team possesses a profound understanding of the intricacies of title insurance laws, enabling us to adeptly represent clients and prosecute on their behalf when embroiled in title disputes, as well as offer preventive strategies to mitigate potential legal conflicts. We have successfully represented a diverse clientele, including buyers and sellers of both commercial and residential properties, title insurance companies, title agents, lenders, escrow holders, and brokers, in a broad spectrum of title related matters.
Our firm extends its representation to national and regional title insurers, underwriters, and their insured parties, encompassing property owners, lenders, and underwritten title and escrow companies. This representation spans various disputes, such as boundary disputes, easements, driveways, lien priority disputes, title issues, mechanic’s liens, foreclosures, bankruptcy matters, escrow disputes, and real estate and mortgage broker issues. We specialize in litigation on behalf of title insurance companies and their insured parties, conduct comprehensive coverage analyses, and defend against bad faith and breach of contract actions. Leveraging extensive experience and a specialized focus on title matters, we are uniquely positioned to handle both litigation and transactional aspects of title disputes. Our transactional practice includes reviewing Preliminary Reports and advising clients on any potential title issues as well as extending to the preparation of custom loan documents, handling purchases and sales of both residential and commercial real property, and anything else that a client might need that relates to title to real property.
If you find yourself entangled in a dispute involving:
- The purchase and sale of commercial and residential real estate
- Title insurance defense and prosecution of claims litigation
- Mechanic’s lien rights
- Commercial/Residential Landlord-Tenant disputes
- Probate litigation involving real property
- Litigation involving easements and boundary disputes
- Prescriptive use and adjoining landowner disputes
- Defense of insurance companies in bad faith litigation and failure to defend claims
- Defense of escrow companies
- Consultation and evaluation of title and escrow claims
- Legal description issues
- Lien priority issues and disputes
- Subordination and subrogation claims
- Forgery claims
- Foreclosure disputes and issues
Our seasoned legal team is ready to provide expert guidance and representation to navigate and resolve these complex matters.
For more information please contact Kyle Marks kmarks@gibbsgiden.com or Richard Marks rmarks@gibbsgiden.com or email us at info@gibbsgiden.com or call California: (310) 552-3400 | Nevada: (702) 836-9800.