Formerly serving as in-house litigation counsel for a major title insurer, Tom has developed an expertise in title and title insurance law. He has handled hundreds of cases related to all facets of title related litigation including, but not limited to, defective deeds, mortgage priority and enforceability litigation, adverse possession and boundary line disputes, and quiet title actions. Tom’s proficiency and experience place him within a relatively small group of attorneys who practice title and title insurance law in New York.
Title law covers all aspects concerning title to real property. The owner of real property is generally entitled to full and absolute ownership of the property, free from liens and claims against the property.
As the New York area becomes densely populated, title law is increasingly put into practice. For instance, if your neighbor erects a fence over a portion of your backyard claiming to be the true owner of that land, you would have what is called a claim against your title and, thus, would be involved in matters regarding title law.
If you do not have title insurance, you may be compelled to fight such a claim on your own and at your own expense. To protect against such claims, one usually obtains title insurance. In the aforementioned instance, one would submit a claim to its title insurer which would, if covered by the title insurance policy, be compelled to defend the claim and in the case of a loss, compensate the owner.
There are two types of title insurance policies – owner and lender. Nearly all lenders require title insurance to protect its loan which is secured by a mortgage against real property. A lender’s policy covers the lender only and offers no protections to the owner/purchaser of the real estate.
An owner’s policy covers the owner/purchaser of the property and protects the owner against claims that, for example, he or she is not the true owner of the property or a portion of the property and is subject to a lien or encumbrances. Thus, it is imperative when one purchases real estate that one understands the coverage afforded under a title insurance policy.
Tom is available to assist both owners and lenders with this task and ensure that not only that their policy provides maximum coverage, but to represent them should they ever find themselves involved in any title litigation matters.