Wendel Rosen’s attorneys bring decades of experience to the title insurance and settlement services area. The firm regularly represents state and national title insurance companies and their insureds (both property owners and lenders), underwritten title companies, and independent escrow companies in a variety of claims, litigation and other legal matters.  In addition, we have extensive knowledge and experience helping client form new title companies and assisting with other regulatory matters for the industry.

Claims and Litigation
  • Title insurance claims evaluation and coverage opinions
  • Real estate title issues and disputes
  • Boundary disputes
  • Easement and access issues
  • Competing priority disputes between mortgagees and other lien holders
  • Mechanic’s lien and stop notice claims and litigation
  • Judicial and non-judicial foreclosures
  • Escrow procedures and liability
  • Mortgage broker practices and claims

 

Licensing and Regulatory

Wendel Rosen’s attorneys have extensive knowledge and experience involving matters before the Commissioner of California Department of Insurance, including:

  • Licensing – obtaining a License to Act as an Underwritten Title Company
  • Changes of Ownership – obtaining Insurance Commissioner’s Consent to Transfer of Underwritten Title Company shares
  • Adding or deleting counties of operation – obtaining a Reissued License to Act as an Underwritten Title Company
  • Actual or threatened enforcement actions – representing companies and shareholders regarding allegations of unlawful rebates commissions, so-called “controlled or affiliated  business arrangements” and  Real Estate Settlement Practices Act or “RESPA”
  • Underwritten Title Company Receiverships – representing underwriters, creditors, and guarantors

Publications

The New California Department of Insurance Expedited Title Company Application Process: Fact or Fiction?

The New California Department of Insurance Expedited Title Company Application Process: Fact or Fiction?

04/17/2018 | Client Update

Obtaining a California underwritten title company license is generally a lengthy process. Once the application is filed with the California Department of Insurance (CDI), it can take a minimum of…

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Filling the Holes in a “Swiss Cheese Parcel” Correcting Flawed Metes & Bounds Descriptions

Filling the Holes in a “Swiss Cheese Parcel” Correcting Flawed Metes & Bounds Descriptions

03/07/2018 | California Land Title Association Claims Awareness Committee

[Originally published in the March, 2018 issue of California Land Title Association's Claims Awareness Committee.] Most real estate parcels in California’s urban areas were carved out of large tracts of what…

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The Swiss Cheese Property Conundrum: Correcting CA’s Flawed Metes and Bounds Description

The Swiss Cheese Property Conundrum: Correcting CA’s Flawed Metes and Bounds Description

10/02/2017 | Western Real Estate Business

Click here to read article "The Swiss Cheese Property Conundrum: Correcting CA's Flawed Metes and Bounds Description" originally published in Western Real Estate Business in October 2017. 

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