Thursday Thoughts-Title Insurance and Waste

– I have 4 separate cases against title insurance companies right now. Three of the four are pretty cut and dried. One involves the payment of purchase proceeds by a title company to the wrong party. Two involve the title company flat missing, and therefore failing to pay, a lien in the chain of title. At one of the hearings on one of the cases, a lawyer for the title company actually told the Judge: “This was just the way it was done in 2008. My client was extremely busy.” Can’t wait to see what the jury thinks about that excuse.

-Based on my experience, it is rare for title companies to do a cost/benefit analysis before they become fully embroiled in their cases. So often they spend literally hundreds of thousands of dollars in legal fees and end up settling the case (or having a judgment rendered against them) for the same amount they could have paid at the beginning. The lawyers win but do the parties?

-I find myself asking that question more and more. There is just so much waste in litigation. And the only ones who ever benefit from protracted litigation are the lawyers.

-On the flip side , I do have a case right now with a lawyer who called and, during our first conversation said, “we should be able to work this out fairly quickly, don’t you think?” Trust me that is the exception. If I talk about resolution early in a case the response is often: “What’s your hurry?”

-I’m convinced that the only cases that end up getting tried are the ones where ego is involved or the litigants have grossly mis-evaluated their case. It is indeed a rare exception for business cases to be left in the hands of 12 strangers.

-I am thankful for juries, though. And I will probably need one in at least 2 of the title cases I spoke of above.

-I laugh when lawyers parrot what their client tells them to say but they don’t believe it themselves. Reminds me of Ron Burgundy. He’ll read anything you put on the teleprompter. Anything.

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