When Do Title Cos. Owe A Duty Of Care To Third Parties?
Law360, New York (September 10, 2015, 10:45 AM EDT) -- In Centurion Properties III LLC v. Chicago Title Insurance Co., 793 F.3d 1087 (9th Cir. 2015), the Ninth Circuit recently confronted the question of whether title companies owe a general duty of care to third parties when they record documents. Title companies often record legal instruments at the request of their clients, and in so doing, assume a fiduciary duty to the requesting party. Traditionally, the duty ran exclusively to the client and was defined by the contractual relationship between the parties. Courts have been reluctant to hold title companies responsible to anyone other than the contracting parties, because expanding the...
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