Litigation and Title Insurance
California Attorneys in Los AngelesTitle Insurance
The purpose of title insurance is twofold:
- To insure a marketable title to property
- To protect the insured (lenders or property owners) against loss due to defects in the title to real estate
Real estate property generally has a history of ownership, called a chain of title. There may be defects in the title, such as liens on the property, unpaid real estate taxes, claims of other ownership, unresolved boundary disputes, easement and encroachment issues, probate matters, or even forged signature during title transfer.
Our attorneys at Schwartz, Wisot & Wilson, LLP offer legal services that include a thorough examination of the chain of title and survey of property to determine if there are any title defects regarding the property being sold. We will review and scrutinize records from the county recorder’s office, from tax agencies and all public records relating to the property.
Two types of title insurance exist in California:
- ATLA, which stands for American Land Title Association and ensures lenders,
The policy remains active until the property loan has been paid.
- CLTA, which stands for California Land Title Association and ensures the property owner. The coverage remains active until the property is sold.
Mortgage lenders typically require title insurance for purchase and sale transactions prior to the close of escrow. Our real estate lawyers are capable of handling any action needed to clear title to a client’s property.
Litigation
Clearing the title may involve litigation when there are discrepancies or disputes regarding the property.
Legal actions can be brought to remove cloud on title, such as errors in public records regarding the property, debts paid off that were not recorded, and so on.
Quiet title actions are lawsuits brought to “quiet the challenges against a title” and the court will establish a party’s title to the real estate property. Some grounds for quiet title actions include:
- Boundary disputes
- Surveying errors
- Adverse possession
- Fraudulent conveyance
- Tax taking matters
Clients look to the real estate lawyers at Schwartz, Wisot & Wilson, LLP for extensive experience regarding title insurance, legal advice for title related matters, and our litigation capabilities to clear titles.
At Schwartz, Wisot & Wison, LLP, our attorneys tailor our legal services to meet the individual needs of each client. Please contact our law firm via email or phone us at (310) 277-2323 to arrange a consultation to discuss your title concerns. We also offer legal services in civil litigation, business law, probate, and construction law.
