Date: 99-02-09 19:48:29 EST

From: prandolph@CCTR.UMKC.EDU (Patrick A. Randolph, Jr.)

Reply-to: dirt@CCTR.UMKC.EDU

To: DIRT@CCTR.UMKC.EDU

From: (Bill Hart)

This reply is in response to two earlier posts of 1/29/99 By Messrs. Caralon and Lem. Mr. Caralon inquired as to resources most useful regarding receivership and title insurance while Mr. Lem tagged-on to inquire as to U.S. resources regarding real estate and mortgages. I will try and list in alphabetical order what I have found to be the most useful general texts:

NB Refer to TOTAL CLIENT-SERVICE LIBRARY® REFERENCES and Related Matters
set forth in Annotations listed below.

Principal Annotations relating to title insurance matters

ALR Digests, Insurance § 951 Index to Annotations: Abstracts of Title; Sale and Transfer of Property; Title and Ownership; Title Insurance

19 ALR 5th 786, title insurers negligent failure tnsured;
87 ALR 3d 764, what constitutes and charge, encumbrance or lien within contemplation of
title insurance policy;
75 ALR 3d 600, duty of applicant or his agent to disclose facts arising or discovered after
application for title insurance;
59 ALR 3d 1176, liability of attorney for negligence in connection with investigation or certification of title to real estate;
35 ALR 3d 821, liability of insurance agent for exposure of insurer to liability because of failure to fully disclose or assess risk or to report issuance of policy;
35 ALR 3d 504, surveyor's liability for mistake in, or misrepresentation as to accuracy or,
survey of real property;
98 ALR2d 537, construction of clause in title insurance policy excepting defects resulting
from the rights of parties in possession;
85 ALR 2d 184, title examination activities by ending institutions, insurance company or title and abstract company as illegal practice of law;>65 ALR2d 989, right to proceeds of insurance, as between holder of title to real estate and one having option to purchase it;
60 ALR 2d 972, measure, extent, or amount of recovery on policy of title insurance;
40 ALR 2d 1247, Absence of effectual subdivision or of street or easement as Within Title Insurance Policy;

NB       Consult all ALR Digests for earlier or later cases

Claims

15 Am Jury Trials 467, Handling Title Insurance Claims

Principle Text Sources of Title Insurance Case Law

Bayse, Clearing Land Titles**;
Burke, The Law of Title Insurance;
Ellis, Title Insurance Annotated;
Ellis, Title Insurance Law Handbook;
Fineberg, New Jersey Title Practice;
Flick, Abstract and Title Practice
Gosdin, Title Insurance, A Comprehensive Overview;
Harvey, Law of Real Property and Title Closing;
Maupin, Marketable Titles;
McDermott, Land Titles and Land Law*;
Nielsen, Title and Escrow Claims Guide;
North and Van Buren, Real Estate Titles;
Palomar, Title Insurance Law;
Patton on Titles;
Pedowitz, Real Estate Titles;
Reeves; Guaranteeing Marketable Title to Real Estate;
Sackman, The Law of Titles;
Werner, Real Estate Closings;

Representative Journals, Newsletters and Publications addressing Title Insurance issues

Real Property Probate & Trust Journal [RPPTJ] a pub. of the ABA, Fall 1979;
RPPTJ, Summer 1980;
Practicing Law Institute [PLI] Publication no. 144;
PLI Publication no. 158;
The recovery of damages for mental anguish by those observing tortuous activity, 19 Am Bus
L.J. 214 (Summer 1981);
Williams, "The Over Meticulous Title Examiner", 17 Neb. L.B. 98;
Palomar, Title Insurance Companies' Liability for Failure to Search Title and Disclose
Record Title, 20 Creighton LR 455;
Nielsen, the Title Insurance News Latter;
Laska, Title Management Today;
ALTA annual Judiciary Supplement [discontinued]

Major Title Insurance Seminars with Program Materials

Title Insurance in Major Real Estate Transactions, Practicing Law Institute [PLI], March 1978;
Title Litigation Practice, Institute for Continuing Legal Education [ICLE], Newark, Spring 1978;
Title Insurance-The Attorney Role, PLI, NYC, March 1979;
Title Insurance-Special Problems, PLI, NYC, March 1980;
Title Insurance-Beyond the Basics, PLI, NYC, Nov. 1981
Title Insurance in Current Transactions 1983, PLI, NYC, Nov. 1983;
Title Insurance in 1984; PLI, NYC, Oct. 1984;
ABA Title Insurance Seminar, Atlanta, Ga. 1987
Title Insurance 1987: The New Policy Forms, PLI, NYC, Oct. 1987;
Title Insurance 1988: Comparing the 1987 and the 1070 ALTA Policies, PLI, NYC, Oct. 1988
Title Insurance (A Critical Element in Real Estate Transactions), ICLE, 1990
Working out Troubled Real Estate Assets, New York University, May 20-21, 1991;
Title Insurance in Troubled Times, PLI, NYC, Oct. 31, 1991;
Solving Real Estate Title Problems, Pa. Bar Institute [PBI], Philadelphia, 1993;
Title Insurance 1993: Obtaining the Coverage You Want, PLI, Chicago, Nov. 5, 1993;
Insurance Litigation, present by the ABA, Newport, RI, Sept 18-20, 1995;
Title Insurance, presented by PLI, NYC, Nov. 8, 1995
Title Insurance-Beyond the Basics: Current Issues and Trends, PBI, Philadelphia, Feb 22, 1995;
American Land Title Association [ALTA], Second Annual Legal Symposium, Maximizing the Benefits of Title Insurance, New Orleans, May 20-21, 1997;
Title Insurance-Mastering Critical Issues Facing the Buyer, Seller and Lender,PLI, NYC, Nov. 6, 1998


NB Consult with ABA, ALTA, CLTA, ACREL and other state title insurance associations separately for a full list of their educational services, programs and materials on title insurance.

Title Standards

A centralized collection of current state title standards has been assembled at the Oklahoma City University Law Library. Call (405) 521-5062. Fax: (405) 521-5172. See Bayse, Supra. §7.

ABA RPPT Title Insurance Committee list server information available at RPPT web site
http://www.abanet.org/rppt/listservs.html.

ALTA Title Counsel

The American Land Title Association Title Counsel Committee meets twice annually to discuss the impact of government affairs and legisnsurance Law Handbook [Lawtext Pub. Co.];
Ferris, Extraordinary Legal Remedies (1926)
Fletcher, Cyclopedia of the Law of Private Corporations (perm. ed 1931)
Fineberg, New Jersey Title Practice [NJLTA];
Flick, Abstract and Title Practice [West];
Friedman, Contracts and Conveyances of Real Property [PLI];
Glenn, Fraudulent Conveyances [Baker Voorhis];
Glenn on Mortgages [Baker Voorhis];
Gordon's Modern Annotated Forms of Agreement;
Gosdin, Title Insurance, A Comprehensive Overview [RPPT/ABA];
Jones On Mortgages [Bobbs Merril];
Hart, Title Insurance Underwriting, Principles and Exception Language;
Hart, Instructions as to the Use of Title Insurance Endorsements;
Hart, The Title Insurance Underwriting Process [T.A.Title Ins. Co.];
Hart, Standard Title Underwriting Practices [Va.Land Title Inst.];
Harvey, Law of Real Property and Title Closing [Clark Boardman](Out of print);
Hornstein, Corporation Law and Practice [West]
Kratovil and Werner, Modern Mortgage Law and Practice (2d Ed.)[Prentice Hall];
Kratovil, Modern Real Estate Documentation [Prentice Hall];
Kratovil and Werner, Real Estate Law (9th Ed.) [Prentice Hall];
Lieberman, Effective Drafting of Contracts for the sale of Real Property [Gann];
Lieberman, Effective Drafting of Leases to Real Property [Gann];
Lipscomb, Structuring Complex Real Estate Transactions [Wiley];
McDermott, Land Titles and Land Law* [Anderson];
McQuillan, Municipal Corporations (3d ed. 1950)
Maupern, Marketable Title to Real Estate;
Modern Legal Forms [West]
Natelson, Modern Law of Deeds to Real Property [Little Brown];
Nelson and Whitman, Real Estate Finance Law (3d ed.) [West];
Nichols Cyclopedia of Legal Forms Annotated [Callaghan];
Nielsen, Title and Escrow Claims Guide;
Osbourne On Mortgages [West];
Ostrager and Newman, Handbook on Insurance Coverage Disputes (8th) [Aspen];
Palomar, Title Insurance Law [Matthew Bender];
Page on Wills (Bows-Parker revision, ) [Anderson];
Patton on Titles [West];
Pedowitz, Real Estate Titles [NYSBA];
Powell on Real Property [Matthew Bender];
Rabkin and Johnson, Current Legal Forms with Tax Analysis [Matthew Bender];
Rasch, Real Property Law and Practice [Baker Voorhis];
Reeves, Guaranteeing Marketable Title to Real Estate [CT&T];
Richards on Insurance [Baker Voorhis];
Rohan, Real Estate Financing-Forms;
Rowley on Partnerships [B-M]
Sackman, The Law of Titles [Matthew Bender-out of print];
Scott on Trusts (3d ed. 1967);
Silver, Title Comments [New Jersey Realty Title Insurance Company];
Scott on Trusts (2nd Ed.) [Little Brown];
Stevens on Corporations, (2d ed. 1949)
Thompson on Real Property (Permanent Ed.) [Bobbs Merril];
Tiffany Real Property (3rd Ed.) [Clark Boardman Callaghan];
Walsh, Commentaries on the Law of Real Property [West];
Walsh on Equity [Callaghan];
Washburn on Easement and Servitudes [Little Brown, ancient];
Werner, Real Estate Closings (2nd Ed.) [PLI];
West Legal Forms, Second Ed.
Williston on Contracts [Baker Voorhis];
Woerner, American Law of Administration (2d ed. 1923);
Wrightman, Law of Unincorporated Associations (2d ed. 1923)
Yzenboard, Residential Real Estate Transactions

In addition to these, CJS, Am Jury 2d, and the ALR series, there are also numerous State Treatise which may prove beneficial such as:

Bergerman and Rooth, New York Real Property Forms [Matthew Bender];
Bongiovanni, Real Estate Transactions, Pennsylvania Transactions Guide [Matthew Bender];
Boyer, Florida Real Estate Transactions [Matthew Bender]
Booth, Florida Land Titles [FLTA]
Celentano, Real Estate Law and Practice, part of the New Jersey Practice Series [West];
Cunningham and Tischler, Law of Mortgages, part of the NJ Practice Series [West];
Dewing, Virginia Title Examiner's Manual [Michie];
Gill on Missouri Titles
Hall, Searches and Title in Pennsylvania [Soney & Sage];
Ladner, Conveyancing in Pennsylvania [Bissel];
McDermott: Ohio Real Property and Practice (5th) [Michie];
Medina's Bostwick Common Practice Forms (NY) [Matthew Bender];
Minor, on Real Property (Va.) [Michie];
Park: Real Estate Law, part of the Massachusetts Practice Series [West];
Warrens-Weed New York Real Property [Matthew Bender];
Principles of Ohio Real Estate Titles [OLTA];
Insurance Litigation: California Practice Guide [TRG]

Auto-Cite®

Cases and annotations referred to above may be further researched the Auto-Cite® computer assisted research service. Use Auto-Cite® to check citations for form, reference, history and annotations.
I hope this list proves useful to fellow DIRTers as a general research source. Regards,

William C. Hart
Chief Underwriter Emeritus
T.A. Title Insurance Company
e-mail: or info@titlelawannotated®.com

* Trademarks and Copyright 1954 is an encyclopedic summary of early real property law with special reference to matters of title wherein Am Jur, ALP, ALR, CJS, Powell, Restatement, Property; Sime's, Thompson and Tiffany are cited and cross referenced by footnote.
**a Treatise on the manner or proceedings necessary to the disposal of title objections citing various law reviews, ABA RPPT Committee Reports, state statutes, state title standards, state curative statutes and validating acts, Model and Uniform Acts and prior works including ALP, ALR, Bogert, CJS, Corbin, Flick, Glenn, Osborne, Patton, Reeve & Williston.