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Real Property Law
Recorded Mortgage Does Not Remove Title Insurance Claim From Policy Exclusion When Underlying Deed Was Not Recorded
Zucker Real Estate Corp. v. Old Republic National Title Insurance Co., 2023 WL 2124497, AppDiv, First Dept. (memorandum opinion)
In insured's action against a title insurance company, insured appealed from Supreme Court's grant of title insurer's summary judgment motion. The Appellate Division affirmed, holding that the claim was the subject of a policy exclusion.
Insured purchased the subject property on March 16, 2016. Wilson, who was not the seller, had been in possession since 1978. He held a mortgage on the property, which was recorded in 1978, but he also held an unrecorded deed to the property. Insured's title insurance policy excluded claims of a person "in actual possession whose right was not of record." Insured brought this action on the title insurance policy, contending that Wilson's right was of record because his mortgage was recorded. Supreme Court disagreed and awarded summary judgment to the title insurer.
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