[WSBARP] Seller's Claim Against Closing Officer

[Pam Rohr]

I have had a case like this in Spokane County Superior Court.  The title
company appealed and we prevailed.

 

Most title companies require arbitration these days.  Check the jacket on
the title report.

 

Pamela H. Rohr, Esq.

Trunkenbolz | Rohr pllc

P.O.  Box 14033        

Spokane, WA  99214

(509) 928-4100

 <mailto:phr at trlaw-spokane.com> phr at trlaw-spokane.com

 <http://www.SpokaneLegalEagle.com> www.SpokaneLegalEagle.com

 

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From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Nestor Gorfinkel
Sent: Tuesday, September 24, 2024 6:50 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Seller's Claim Against Closing Officer

 

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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P Please consider the environment before printing this e-mail

 

From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com
<mailto: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 <mailto: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

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