Title Law Associates™


ABOUT US

Title Law Associates™
is a small boutique firm specializing in title insurance related information services, underwriting support and coverage dispute resolution . The cite is owned and operated by William C. Hart, Chief Underwriter Emeritus of T.A. Title Insurance Company, for the benefit of the legal community, the title insurance industry and the agents and employees of T.A. Title Company and its subsidiaries. If you would like a second opinion or possible alternative suggestions to consider when negotiating title insurance coverage please contact the website editor or e-mail a detailed factual scenario to our attention. Employees, customers, friends and affiliates of T.A. Title should use the following address:  titlelaw@comcast.net; phone: 800.220.3901, ext. 132; fax: 610.892.7588.

OUR PHILOSOPHY
Understanding the nature of the transaction is essential to the measure of the risk undertaken. While the focus of title insurance is primarily upon risk avoidance, the benefits of title insurance are much more than risk elimination alone. Traditionally, title insures have insured against hidden defects such as fraud or forgery, or imperfections of record which render the title technically unmarketable notwithstanding the fact that it is otherwise sound and not capable of being defeated. There are many titles that do not meet the test of true marketability which nevertheless are sound in spite of certain defects and, being sound, are defensible and insurable.  We believe that if the underwriter has all the facts at its disposal, an understanding of what the customer is really trying to accomplish, and sufficient time to address those needs, the underwriter can find a way to meet the customers needs within the framework of its underwriting standards without exposing the Company to unwarranted liability.

ABOUT THE WEBSITE EDITOR

Bill Hart is a title insurance underwriter with more than 30 years experience in the title insurance industry.   Among the many positions of responsibility he has held are: Chief Underwriter Emeritus, T.A. Title Insurance Company; Chief Title Officer, American Title Insurance Company of Miami, Florida 1985-92 and Chief Title Officer, Meridian Title Insurance Company, 1988-92. He is a graduate of Florida Southern College, 1969 and New York University, 1975; The Forum, New York City, 1987 and the Dale Carnegie "Leadership Training for Managers" Program, 1994. In addition he has attended numerous Practicing Law Institute title insurance seminars. At T.A. and American Title his principal responsibilities were to develop and monitor all underwriting policies and procedures for the company and to negotiate all extended commercial policy coverage provided by the company on a case by case basis. He has served as: Chairman of the New Jersey Land Title Association Legislative Committee, 1988-89; a member of the Pennsylvania Land Title Association Forms Committee, 1989-92 and 1994-95; New York State Land Title Association Education Committee 1993-94; American Land Title Association [ALTA] Reinsurance Committee 1994-97 and the ALTA Title Counsel Committee 1990-1997. Mr. Hart has written and lectured extensively on real estate titles and title insurance principles for numerous real estate, title and banking groups and worked as a course planner of numerous title insurance seminars for title associations and companies including The Land Title Institute of Virginia, 1990 and 1991; New Jersey Land Title Institute; American Title Insurance Company, 1985-1992; T.A. Title Insurance Company, 1993-1997; and Neumann College Professional Education Programs, Aston, Pa., 1996-1997. He also served as an instructor at the New Jersey Title Institute, Upsula College, East Orange, New Jersey, 1976; New Jersey Lawyers Title Institute, 1983-84; New Jersey Land Title Institute, 1987 through 1989; Mr. Hart is the recipient of Certificates of Recognition from American Title Insurance Company, The New Jersey Land Title Association and Neumann College. He was presented with the designation of "Certified Land Title Insurance Professional" [CLTIP] by the Land Title Institute of Virginia in 1991. He is the subject of biographical record in Who's Who in the East, 25th Anniversary Edition, 1995-96 and Who's Who in the World, 1996; Who's Who in America, 1997 and Who's Who in Business and Finance, 1998. He became of Fellow of the American Biographical Institute, Raleigh, North Carolina in 1996 and became an Honorary Member of their Research Board of Advisors in 1997. He is the author of Standard Title Underwriting Practices, 1991; Creditors Rights and Title Insurance, Questionable Titles, Remedies & Extra-hazardous Risks, 1991; Title Insurance Underwriting Principles and Exception Language, 1992; Instructions as to the Use of Title Insurance Endorsements, 1992; The Title Insurance Underwriting Process, 1994; The Law of Titles in New York 1997. He is the co-author and Editor-in-Chief of the The Law of Titles in Pennsylvania, 1995 and The Law of Titles in Florida, 1996. Mr. Hart has served as a member of the Mortgage Bankers Association; Mortgage Professionals Society; the International Platform Association; The World Affairs Council of Philadelphia; Sigma Phi Epsilon Fraternity and Eagle Lodge Country Club. He currently serves on the Alumni Board of Sigma Phi Epsilon Fraternity, Penn Rho Chapter, at Villanova University and is a member of the Sigma Phi Epsilon Alumni Association and Sigma Phi Epsilon's New Mentors Program. Hobbies include golf, gardening, martial arts and Austin Healeys. He is Married to Charlotte R. Wagner Hart.

 

PURPOSE OF THE WEBSITE
The purpose of this website is to provide the reader with the location of a single, convenient and comprehensive reference source dealing with the subjects of real property and title insurance. The right of ownership, use, occupancy, sale and purchase of real property and how each relate to one another involve multiple rules and principles of law. Traditionally, guidance in these areas required reference to a number of treatise including Bankruptcy, Contracts, Debtor and Creditors Rights Law, Easements, Fraudulent Conveyances, The Law of Future Interest, Gratuitous Transfers, Insurance, Liens and Encumbrances, Mortgages and Mortgage Foreclosure, The Law of Titles, Trusts and Estates, etc., in order to determine their impact and affect upon marketability of title to real estate. In addition to those authors for whom some of the major treatise are named, there are some very distinguished lawyers, past and present, who have contributed to the subject of real estate title and conveyancing law including: Paul E. Bayse of the California and Missouri Bar; Oscar H. Beasley of the California Bar; Robert S. Bozarth and Janice E. Carpi of the Virginia Bar; D. Barlow Burke, Jr., of the Pennsylvania Bar; Hugh A. Brodkey and Robert E. Ellis of the Illinois and Chicago Bar; Lawrence J. Fineberg of the New Jersey Bar; Milton R. Friedman of the New York Bar; James L. Gosdin of the Texas Bar; Robert Kratovil of the Illinois and Chicago Bar; Melvyn Mitzner of the New York Bar; John C. Murray and J. Bushnell Nielsen of the Illinois and Chicago Bar; Joyce D. Palomar of the Oklahoma Bar; James M. Pedowitz and Bernard M. Rifkin of the New Bar; and Raymond J. Werner of the Illinois and Chicago Bar.

These authors are particularly noteworthy because their writings, for the most part, do not suffer from the deficiency of a single state focus, i.e., all or a portion of the subject matter contained in the various author's works may be applied either nationally or in more than one venue. However, each of these authors and those mentioned in the attached bibliography approach the subject of title insurance from a unique perspective. If nothing else, the diversity of authorship illustrates that there is no unanimity of thinking when it comes to resolving a title controversy. And so there was a need to collect and list these references in one place in order to consolidate the substantive law relating to the title insurance underwriting process. Those references were originally listed on a "DIRT" post dated February 9, 1999 and are listed again on the attached page entitled Resources on Real Estate Law and Mortgages. These resources in turn include within their framework additional references, case law cites, selected bibliographies and annotations.

BENEFITS OF THE WEBSITE AND SERVICES OFFERED
Services provided by TLA® include authoritative analysis and in-depth review of subject matter including access to the following material:

  • Proprietary title software databases including real estate law digest and state digest of real estate practices;

  • National underwriting services and the TLA© Underwriting Menu and TLD® including:

  • underwriting library;

  • ALTA and CLTA title insurance forms;

  • residential and commercial title endorsement coverage and the prerequisite underwriting guidelines including ALTA, CLTA, FLORIDA, OLTA,TIRBOP AND TIRSA and other state specific approved endorsements;

  • special objection title issue underwriting guidelines and bulletins;

  • selected forms previously prepared and used by title counsel to remove or insure over title objections;

Title insurance law library including Publications and Articles and the contents of the following Trademarks and Copyrights appearing in the TLA© Underwriting Menu and available on CD-Rom;

  • New Jersey Title Law Annotated; © 1986

  • Creditors' Rights and Title Insurance:  Remedies and Extra hazardous Risks © 1990

  • Standard Title Underwriting Practices © 1991;

  • Title Insurance Underwriting, Principles and Exception language ©1992;

  • Instructions to the Use of Title Insurance Endorsements, © 1992;

  • The Title Insurance Underwriting Process, © 1994;

  • The Law of Titles in Pennsylvania, ©1995;

  • The Law of Titles in Florida; ©1996

  • The Law of Titles in New York; ©1978, rev. 1997;

Referral Services via Title Alliance, Ltd.;

New York Style title insurance closing services for title underwriters and agents

CONDITION OF USE AND CONFIDENTIALITY NOTICE

The subject matter appearing in the Underwriting Menu are proprietary work products protected by intellectual property law and Trademarks and Copyright under the Bern Convention. Apart from fair dealing for the purpose of private study, education, research or review, as permitted under the Trademarks and Copyright Act of 1916, no part of these materials may be reproduced, stored in an electronic retrieval system or transmitted in any form whatsoever without the express written permission of the website editor and author. Any persons engaged in the unauthorized or improper use of these materials who, by their conduct or acts, violate this understanding shall be subject to legal recourse and punishable by law. In contacting the website the user agrees to subject themselves, their corporation or their firm to the foregoing condition of use.

DISCLAIMER

This WEBSITE and the services herein offered are designed as a reference source for the purpose of providing title company employees, title officers, title agents and title attorneys general information. The information contained herein has been obtained from sources believed to be reliable and/or represents the editors personal view. It does not represent the opinion of any prior employer.

While every attempt has been made to assure the accuracy

Trademarks and Copyright © 1999 - Revision June, 2001
William C. Hart
Title Law Associates™
Phone: 215·379·3195
Fax : 215·379·2214
e-mail: 

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