Curiosity Killed The Title Insurer’s Defense

I usually focus my posts on Minnesota real estate disputes, but I’ll make an exception if I sense a budding national trend. The trend in this case is that, more and more, title insurers are denying lender’s claims on the basis of the lender’s unwillingness to provide underwriting information to the insurer. In a case…

Continue Reading

A Minnesota Mechanics Lien Surprise! Building A House From Start To Finish May Not Be “One Continuous Project”

Update (November 27, 2012): The Minnesota Supreme Court has accepted Big Lake for review.  Original Post (September 8, 2012): In Big Lake Lumber v. Security Property Investments, Inc. et. al, the Minnesota Court of Appeals ruled that a contractor’s mechanics lien can take priority over a previously-recorded mortgage only if the contractor’s work related back…

Continue Reading

A Minnesota First: Court Addresses When Duty To Indemnify Arises Under Title Insurance Policy

In a case of first impression in Minnesota, District Court Judge Ann Montgomery ruled on an important question in title insurance circles: When is a lender’s loss under a title insurance policy measured? This decision, in Associated Bank v. Stewart Title, is important (and worth watching for appeals) not only because it is the first Minnesota case to address the…

Continue Reading

New Minnesota Trespass Case: Bad Smells v.s. Chemical Spray

Update (August 2, 2012): The Minnesota Supreme Court knocked a blow to mom and pop organic farmers yesterday in its ruling in  Johnson v. Paynesville Farmers Union Coop.  The Court disagreed with the Minnesota Court of Appeals, and affirmed the trial court’s ruling that pesticide overspray does not constitute trespass in Minnesota. 

Continue Reading