Title Insurance Defense

Frost Brown Todd is recognized as one of the leading law firms in the region for representing national and regional title insurance underwriters and title agents in the areas of title insurance defense, insurance coverage, bad faith, corporate, and regulatory matters.  Recognizing the unique interdisciplinary needs of the title insurance industry, Frost Brown Todd's Title Insurance Defense Practice is comprised of a team of litigators and corporate attorneys offering extensive experience serving the title insurance and real estate industries.

The Title Insurance Defense Practice has represented all of the current national title insurance underwriters or their family of insurance companies, their insureds, and other clients in cases involving land title issues, mortgage priority issues, mortgage fraud, title agent defalcations, insurance coverage, and claims of bad faith in Indiana, Kentucky, Ohio, Tennessee, and West Virginia.  The Practice has also assisted title insurance underwriters and title agents with transactional matters involving corporate issues, regulatory matters, employment law, and government contracting issues.

To efficiently staff matters, Frost Brown Todd attorneys work hand-in-hand with attorneys and paraprofessionals at Frost Brown Todd’s affiliated title agency, Multi-State Title Agency, Ltd. (“Multi-State”).  Multi-State is an agent for six national title insurance underwriters including Chicago Title Insurance Company, Commonwealth Land Title Insurance Company, Fidelity National Title Insurance Company, First American Title Insurance Company, Old Republic National Title Insurance Company, and Stewart Title Guaranty Company.  For more information, please visit Multi-State's website.

The Title Insurance Defense Practice enjoys an advantage over other title insurance defense practices in that it offers its clients a team comprised of both paraprofessionals from a skilled and agile title agency and experienced and talented attorneys from several practice groups within the firm’s litigation and corporate departments.

Attorneys and paraprofessionals associated with the Title Insurance Defense Practice are also actively involved in title industry associations.  Members of the Practice are active members and leaders in the American Land Title Association, the Indiana Land Title Association, and the Ohio Land Title Association and their respective committees.  The attorneys are also frequent speakers on issues impacting the title industry.

Practice Highlights

  • Represented title insureds at the trial court level and/or at the appellate court level in matters involving issues of mortgage priority, access, deed restrictions, incorrect legal descriptions, and adverse possession.
  • Represented insured lenders in numerous adversary proceedings brought by bankruptcy trustees attempting to avoid mortgages allegedly defectively executed by debtors or their spouses.
  • Represented underwriters in multimillion dollar, multiple loan, and multiple party mortgage fraud cases.
  • Represented title insurance underwriters in insurance coverage and bad faith cases involving multiple parties, properties, and loans.
  • Represented title insurance underwriters in title agency defalcations.
  • Represented a national title insurance underwriter in an antitrust class action case.