Resolving Title And Escrow Issues
Rossi, Hamerslough, Reischl & Chuck has represented the largest title and escrow companies in the Bay Area, as well as successfully litigated complicated cases against them.
The roles of title and escrow companies are not always well understood, yet these roles can trigger serious legal ramifications if they are not executed as intended. Whether you need to enforce your title insurance policy or compel your title company to honor its obligations, our attorneys know how to get results. Claims brought against title and escrow companies can involve:
- Fraud
- Failing to deliver proper title
- Failing to provide coverage under the insurance policy
- Overcharging buyers
- Misuse of escrow funds
- Breach of duties
- Improper fees
- Closing escrow when funds are not available
- Misrepresentation of information
- Failing to properly record documents
- Bad faith estimates
We represent clients in all aspects of title review and resolution of title problems, from the simple to the complicated, with a proven history of holding title and escrow companies accountable for their activities.
Recent Case Results
Fogarty v. Midpeninsula Regional Open Space District, et al. (San Mateo Superior Court Case No. CIV441934). Represented title insurance policy holder in an action to assert easement rights in a roadway crossing property owned by Open Space District who cross-complained asserting rights to the same roadway. The matter was successfully settled to the satisfaction of all parties.
Read more about our successful title and escrow cases in our Case Results page.
California Title And Escrow: Frequently Asked Questions
Understanding how title insurance and escrow services work is crucial for a secure and successful real estate transaction in California. Buyers and sellers benefit from knowing what to expect at each stage. Below are answers to some of the most common questions we receive.
How do title insurance and escrow services differ in a real estate transaction?
Title insurance protects buyers and lenders from legal or financial loss due to defects in the property’s title, such as liens or ownership disputes. It offers coverage for claims that may arise after the transaction closes.
Escrow services act as a neutral third party that holds funds and documents on behalf of both parties. The escrow agent sees that all conditions are met before releasing money and transferring ownership. Together, these services support a fair, transparent transaction process.
What steps are involved in the title search process, and how long does it typically take to complete?
The title search process begins with a detailed review of public records related to the property, including deeds, tax records, court filings and previous title transfers. The purpose is to verify legal ownership and identify any encumbrances, such as unpaid taxes, easements or liens that could affect the transaction.
This process is typically conducted by a title company or attorney and can take anywhere from a few days to two weeks, depending on the complexity of the property’s history. A thorough title search is a critical step in protecting the buyer’s investment and ensuring a valid and marketable title.
What are some of the most common title defects or issues that may surface during a property transaction?
Common title defects include outstanding liens, unpaid property taxes, judgments against the seller, errors in public records, missing heirs and forged documentation. Other issues may involve boundary disputes, easements that were not disclosed or problems stemming from prior probate proceedings.
Identifying and resolving these defects before closing can help prevent future legal complications. Our firm has experience working with title companies to address these concerns efficiently and help ensure a clear path to ownership.
How does the escrow process work, and what benefits does it offer?
The escrow process begins after a purchase agreement is signed. The agent holds involved funds and documentation, while ensuring all conditions are met, such as inspections and financing. Once complete, funds are released and ownership is transferred. Escrow protects both parties by preventing early disbursement and promoting transparency throughout the transaction.
Talk To An Attorney Who Understands Title And Escrow Disputes
If you have suffered a financial loss due to a cloud on your title, fraud, improper closings, bad faith estimates or any wrongful act by a title and escrow company, it is important to consult with a lawyer who is well-versed in this specialized area of law.
To arrange your initial consultation with one of our experienced real estate lawyers, please contact us online.