[WSBARP] Seller's Claim Against Closing Officer

[Gregory L. Ursich]

Nestor: For an undisclosed easement claim, as soon as easement holder attempts to assert rights by use, would usually trigger a claim. -Greg Ursich
Sent from my iPhone

On Sep 24, 2024, at 6:52 AM, Nestor Gorfinkel <nestor at glclawyer.com> wrote:


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

<image001.jpg>

ATTENTION - This e-mail message and any attachment to this e-mail message may contain confidential information that is legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at the phone numbers provided herein and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender.

P Please consider the environment before printing this e-mail

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
206-467-8215 Fax
Bio<http://www.carneylaw.com/team/scott-r-weaver/> | vCard<https://www.carneylaw.com/wp-content/uploads/2019/09/scott-r-weaver.vcf> | Address<https://www.carneylaw.com/contact-us> | Website<https://www.carneylaw.com/>
weaver at carneylaw.com<mailto:weaver at carneylaw.com>

This e-mail contains confidential, privileged information intended only for the addressee. Do not read, copy, or disseminate it unless you are the addressee. If you are not the addressee, please permanently delete it without printing and call me immediately at (206) 622-8020.


***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20240924/fad99cda/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 731986 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20240924/fad99cda/image001-0001.jpg>