United States: Civil Law

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Article
First Department In Forrest Equities Draws A Sharp Line On Title Policy Coverage For Enforcement Actions And Marketability Claims
The First Department's decision in Forrest Equities LLC v. Old Republic National Title Ins. Co. clarifies critical boundaries of title insurance coverage, specifically addressing when Covered Risks 3, 5, and 6 apply to post-closing enforcement actions and marketability disputes. The court examined whether a title policy covers litigation seeking to restore a distressed property to habitability and distinguished between legal marketability of title versus economic marketability of property.
United States Real Estate
RD
Riker Danzig LLP
Article
Texas Supreme Court Rejects The “Gist” Doctrine And Clarifies When Parties May File Texas Lawsuits Regarding Out-of-State Property Interests
The Texas Supreme Court has overturned the "gist" rule used by lower courts to dismiss cases involving out-of-state property, establishing that Texas courts can exercise jurisdiction over contractual disputes and deed reformation matters regardless of property location. This landmark decision clarifies the distinction between in personam and in rem suits, potentially opening Texas courts to a broader range of extraterritorial real estate disputes. The ruling in Braxton Minerals III, LLC v. Bauer provides cr
United States Litigation
KM
Katten Muchin Rosenman LLP
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