The firm has extensive experience representing and defending regional and national title insurance companies and their insured owners and lenders in a variety of complex real property litigation matters. The firm has defended a variety of escrow practice claims, complex class actions and unfair business practice claims. The firm’s attorneys also provided title insurance coverage and claims advice and defend title insurers against coverage and bad faith claims.
Cases of Interest
- We obtained an order sustaining demurrer without leave to amend and granting judgement on the pleadings, affirmed on appeal, in favor of a National Bank against complaint by property owners challenging the validity and enforceability of the Bank’s $35 million loan secured by a leasehold deed of trust.
- We successfully defended a title insurer against bad faith claims brought by an insured lender who failed to properly and timely provide notice of its claim.
- We successfully defended a lender’s deed of trust against the priority of a homeowner’s association claimed lien. Diamond Heights Village Ass’n, Inc. v. Financial Freedom Senior Funding Corp. (2011) 196 Cal.App.4th 290, 126 Cal.Rptr.3d 673.
- We successfully defended a title insurer against bad faith claims by an insured owner arising over the interpretation of the insured land in a CLTA Standard Coverage title policy. Havstad v. Fidelity National Title Ins. Co. (1997) 58 Cal.App.4th 654, 68 Cal.Rptr.2d 487.
- We successfully defended a title company against escrow claims arising out of the failure to timely record an uninsured document. Rooz v. Kimmel (1997) 55 Cal.App.4th 573, 64 Cal.Rptr.2d 177.
- Firm partner Jeffrey H. Lowenthal successfully defended a secured lender establishing that attorney’s fees are not recoverable against a lender in a mechanic’s lien action. Abbett Electric Corp. v. California Fed. Savings & Loan Assn. (1991) 230 Cal.App.3d 355, 281 Cal.Rptr. 362.
- We represented multiple lenders in a series of coordinated lawsuits arising from a loan stacking mortgage scheme where various borrowers closed simultaneous loans. We were able to successfully negotiate settlements recognizing our clients’ equitable lien rights in all but one case, which was tried to a successful judgment.
- We obtained a jury verdict in favor of title insurer in subrogation action arising from real property ownership dispute.
- We successfully defended a commercial property owner against the neighboring owner’s attempt to invalidate easement rights, obtaining a favorable judgment and substantial attorney’s fees award after trial.
- We obtained summary judgment on behalf of a title insurer against a $4 million title policy claim arising from the encroachment of certain buildings in Union Square upon the Central Subway in San Francisco.