Pre-answer motion for summary judgment granted dismissing claims against title company.
Plaintiff claimed that a title company failed to perform a "run down" search on a vacant water front lot that she was buying and on which she planned to build a home. Plaintiff alleged that the run-down search would have revealed a CAFRA permit that imposed building restrictions. She sued the title company for a negligent title search.
Mr. Millar presented legal authority demonstrating that a title search is not performed for the buyer but is rather performed for the title insurer so that the title insurer may determine what risks it will insure. Since the search is not performed for the buyer, the buyer has no claim for a negligent title search. The Court agreed with Mr. Millar and dismissed all claims made against the title company.
Spina v. Pearl, et al
Feb 17, 2012
Summary judgment granted dismissing claims against mortgage broker
Plaintiff attempted to buy a home but her mortgage application was denied. Plaintiff sued the seller for the return of her security deposit and sued her mortgage broker alleging that she had received a pre-qualificaiton letter, that no circumstances had changed and that therefore she should have received a mortgage.
Mr. Millar represented the mortgage broker and successfully argued that the pre-qualification letter did not obligate the mortgage lender to issue a mortgage.
Falconite v Daroci, et al
Oct 03, 2012
Summary judgment dismissing plaintiff's claims and entering judgment for real estate broker on claim for commission.
Buyer refused to purchased residential property after learning of undisclosed drainage easement.