[WSBARP] Seller's Claim Against Closing Officer

[Nestor Gorfinkel]

The only issue I see is recovery under the title policy from the underwriter since title insurance provides coverage on claims-made basis. The claim I believe would "ripen" when the owner of the easement would attempt to use it, and the buyer would block or refuse access to the easement owner and the easement owner filing suit against the buyer.

Anyone, please correct me if I am wrong.


Cordially,

Nestor Gorfinkel, Attorney at Law
Licensed in Florida & Washington State
Florida Civil-Law (International) Notary

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Scott R. Weaver
Sent: Monday, September 23, 2024 8:30 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Seller's Claim Against Closing Officer

Any of you dealt with this situation?


  1.  Closing officer / title insurance failed to identify an easement that was recorded against title.
  2.  Buyer learns of easement and alleges it devalues the property.
  3.  Buyer sues seller and the closing officer/title insurance.

Based on initial research, Seller has a negligence claim and indemnification claim against closing officer/title insurance.

If you have had such a case, I would love to look over the pleadings and briefing in the court file if you don't mind sharing the cause number, etc.

Thx!

Scott


Scott Weaver, Shareholder
CARNEY BADLEY SPELLMAN, P.S.
206-607-4165 Direct | 206-622-8020 Main
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