June 5, 2020

Title Litigation

Fotolia 12099983 Subscription L1 e1300295265878 Title Litigation

Marderosian Law has industry-leading experience handling title litigation for some of the largest title insurance companies in the country, representing their insured lenders and borrowers. We have excelled winning priority disputes between holders of mortgage, mechanics’, judgment, and other liens. Our attorneys have been involved in some of the leading landmark court decisions involving conventional subrogation and equitable subrogation, by which the court moves later-recorded lien interests ahead of earlier-recorded ones (contrary to the general “first in time, first in right” rule). We also possess vast expertise in other title disputes, including suits to quiet title, partition property, and for other equitable remedies in the chancery courts.

We have had great success also in exposing fraudulent mortgage practices in cases that do not even involve any allegations of fraud. Our attorneys have uncovered schemes in which plaintiffs use their knowledge of the mortgage and title recording process to work with defendants to fabricate claims seeking fraudulent ownership interests in properties. In one such case, after claiming a $200,000 interest in a property and making settlement demands in the $150,000 range, our attorney investigation yielded facts that made a scheme obvious and hastened a nuisance settlement for just over $10,000. In other cases, we have been able to win for our clients by eliminating lien superiority claims through cost-effective pre-trial motion practice. We also have outstanding experience successfully prosecuting and defending cases in the appellate courts based on trial court rulings in various title disputes.

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