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Hall Eady is a commercial and financial services litigator. For financial services companies, his practice includes defending against borrower and customer-driven claims, and providing advice regarding recoupment options, including lien rights, closing errors, title insurance, mortgage insurance and correspondent/broker agreements. For commercial clients, his practice includes representing businesses in contract negotiations, general commercial and contract disputes, insurance claims, business owner disputes, real property disputes and claims against professional service providers including insurance brokers. Hall has also represented a number of construction companies in contract negotiations and against large claims of defective construction.

Will Oregon Mandate Closing Services and Title Insurance for Cannabis Transactions?A proposal pending in the Oregon Legislative Assembly would limit title insurers’ potential grounds for refusing to insure certain real property transactions involving cannabis. Specifically, HB 2806, presented by Reps. David Brock Smith and Gary Leif, would prohibit title insurers and their affiliates from refusing to close or insure real estate transactions solely because

In the Strangest Year Ever, We’re Very Thankful and Wish You a Happy Thanksgiving

As everyone steps away from their (home) office to celebrate Thanksgiving, we wanted to count our blessings as we review this truly remarkable and unusual year. In addition to frontline healthcare workers, good WI-FI, food delivery services, and finally finding a mask that is comfortable, we are also thankful for the following:

1. The CARES

ALTA Introduces New CPL Form with Major Potential Negative Implications for the Financial Services IndustryIn April, we posted about the significant protection afforded mortgage lenders and servicers as part of closing protection letters including recent judicial interpretations providing critical indemnity to lenders for “actual loss” in relation to closing instruction violations and fraud. Recently, we learned that title insurers are issuing a new version of the (Closing Protection

Fill-the-gap-between-you-and-your-propoerty-rightsI recently participated in a webinar focusing on businesses and financial institutions who frequently buy and sell properties or make loans taking property as collateral. We discussed emerging issues in the world of title insurance, including recent interpretations of key terms and conditions in standard form lender’s policies, expanded indemnity due under closing protection letters

insurance word cloudMortgage lenders and servicers frequently consider potential indemnity due under finally issued lender’s title insurance policies and strive to submit timely claims when a covered defect arises. These same parties should also consider whether additional indemnity is due as part of a separately issued closing protection letter (CPL), also known as an “insured closing services