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Title Insurance Coverage Narrowed For Properties Sold Through Foreclosure

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Description: New York State is known for a lot things. Being lender friendly is not one of them. The foreclosure process (especially for home loans) is lengthy and laden with traps. It is also becoming quite onerous, as evidenced by the passage of a recent statute, which creates a significant new impediment to title insurance for home loan mortgages devolving through a foreclosure sale. The new statute, RPAPL § 1302-a, effective December 23, 2019, provides, in essence, that the defense of lack of standing is no longer waivable where the mortgage is categorized as a home loan, even though a defendant neglected to raise the defense in a pre-answer motion to dismiss or in a responsive pleading. If a defendant appeared, their ability to raise the defense continues to the moment when the hammer falls at the foreclosure auction sale. But if a defendant did not appear, then the ability to pursue the defense survives the foreclosure sale, lurking to assault the foreclosure sale title for what is a potentially uncertain duration. It is this unpredictable exposure which understandably makes title companies more than timorous to insure foreclosure sales, and which not, incidentally, creates problems for foreclosing lenders and foreclosure sale bidders.
Jason C. Bergman has nearly two decades of experience in the real estate/title insurance industry.
Prior to joining Benchmark, Jason was a Vice President and Underwriting Counsel for one of the nation’s largest title agencies. Before that, he was title insurance underwriting counsel for First American Title Insurance Company in New York, and previously served as claims counsel for First American Title Insurance Company and Fidelity National Title Group.
He is a Board Member of the Rutgers Center for Innovation Education and the Professional Science Master’s Degree, Customer Experience Certificate Program. Jason was a three-term Chair of the New York State Land Title Association’s Law Committee, is Vice-Chair of the American Bar Association Real Estate, Condemnation, and Trust Litigation Committee’s Title Insurance subcommittee, and Co-Chair of its Mortgage and Foreclosure subcommittee.
Jason was awarded the CRE® credential by the Counselors of Real Estate, an international organization of high profile property professionals. Individuals awarded the CRE® credential have attained the highest levels of expertise and achievement in their real estate specialty, particularly in the provision of sophisticated advice and high-level problem solving.
He writes regularly on compelling real estate law and practice subjects for various publications, including the New York Law Journal. Jason received a B.A. from Muhlenberg College, a J.D. from New York Law School, and is pursuing his M.A. in Real Estate Finance & Development from New York University.

Practice Areas: Insurance Law, Real Estate Law
Online Media Type: Audio
Production Date: 06/28/2021
Level: Intermediate
Category: Standard
Duration: 1 Hours, 3 Minutes
Online Format: On Demand

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Total Credits: 1
Specialty Credits: 
Status: Reciprocal Credit Available
Expiration: 06/27/2024
Training Type: Online

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Jason Bergman - Benchmark Title Agency, LLC
This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.

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