Recent Publications - Michael J. Heller


Title Reporter Published in Real Estate Finance Journal
April 23, 2024 | Real Estate, Zoning & Land Use

Michael Heller’s, Matthew Spero’s and Lawrence Han’s Winter issue of the Title Reporter was published in the Real Estate Finance Journal.

This article discusses the following court rulings and other title insurance-related developments, among others:

  • The U.S. Court of Appeals for the Eleventh Circuit, affirming a decision by the U.S. District Court for the
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Title Reporter Published in Real Estate Finance Journal
January 18, 2024 | Real Estate, Zoning & Land Use

Michael Heller’s, Matthew Spero’s and Lawrence Han’s Fall issue of the Title Reporter was published in the Real Estate Finance Journal.

This article discusses the following court rulings and other title insurance-related developments, among others:

  • “Deed Theft: Recent New York Developments” explains that New York State prosecutors, and the New York State legislature, have
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The Title Reporter: A Legal Update for the Title Insurance Industry
January 8, 2024 | Real Estate, Zoning & Land Use | Insurance Coverage

Here is what we cover in this issue of Title Insurance Update Winter 2024:

  • The U.S. Court of Appeals for the Eleventh Circuit, affirming a decision by the U.S. District Court for the Northern District of Florida, has ruled that Standard Exclusion 3(a) of a title insurance policy precluded coverage of fees and costs
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Title Reporter Published in Real Estate Finance Journal
November 1, 2023 | Real Estate, Zoning & Land Use

Michael Heller’s, Matthew Spero’s and Lawrence Han’s Summer issue of the Title Reporter was published in the Real Estate Finance Journal.

This article discusses the following court rulings, among others:

  • A trial court in New York has dismissed a negligence action against a title company brought by a developer, ruling that the only entity
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The Title Reporter: A Legal Update for the Title Insurance Industry
October 26, 2023 | Real Estate, Zoning & Land Use | Insurance Coverage

Here is what we cover in this issue of Title Insurance Update Autumn 2023

  • “Deed Theft: Recent New York Developments” explains that New York State prosecutors, and the New York State legislature, have been focusing on the growing problem of deed thefts.
  • A trial court in New York has granted summary judgment to a
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The Title Reporter – Summer 2023
June 22, 2023 | Real Estate, Zoning & Land Use | Insurance Coverage

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:

  • A trial court in New York has dismissed a negligence action against a title company brought by a developer, ruling that the only entity to which the title company owed a duty was the
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The Title Reporter — Spring 2023
March 23, 2023 | Real Estate, Zoning & Land Use | Insurance Coverage

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:

  • An appellate court in Arkansas, affirming a trial court’s decision, has ruled that a title insurer had properly denied coverage to an insured bank in connection with a defect in title of which the
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The Title Reporter — Winter 2023
January 5, 2023 | Real Estate, Zoning & Land Use | Insurance Coverage

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry

  • A federal district court in New York granted summary judgment in favor of a title insurance company and its affiliate in a case alleging that they breached their fiduciary duty and engaged in deceptive
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The Title Reporter — Fall 2022
October 11, 2022 | Real Estate, Zoning & Land Use | Insurance Coverage

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry

  • A federal district court in New York has rejected a lawsuit filed by insureds under a title insurance policy demanding indemnification for the ostensible diminution in their insured property’s value stemming from an
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Title Insurance Reporter Published in Real Estate Finance Journal
July 28, 2022 | Real Estate, Zoning & Land Use

Michael Heller’s, Peter McNamara’s and Matt Spero’s Spring issue of the Title Insurance Reporter was published in the Real Estate Finance Journal.

The authors discuss recent court decisions of note involving title insurance.

Read the full column here.

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The Title Reporter — Summer 2022
July 6, 2022 | Real Estate, Zoning & Land Use | Insurance Coverage

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry

  • An appellate court in New York has ruled that an exclusion in a title insurance policy precluded coverage of a claim asserted by the policyholders.
  • A federal district court in Illinois has rejected
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Title Insurance Reporter Published in Real Estate Finance Journal
April 22, 2022 | Real Estate, Zoning & Land Use

Michael Heller’s, Peter McNamara’s and Matt Spero’s Winter issue of the Title Insurance Reporter was published in the Real Estate Finance Journal.

The authors discuss recent court decisions of note involving title insurance.

Read the full column here.

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The Title Reporter — Spring 2022
April 7, 2022 | Real Estate, Zoning & Land Use | Insurance Coverage

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:

  • A federal district court in Montana has ruled that a conveyance of property by policyholders under a title insurance policy to trusts was a voluntary conveyance to “a separate and distinct entity” and that,
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Heller Published in The Banking Law Journal
March 17, 2022 | Banking

Michael Heller published the article, “Federal Trade Commission Expands Data Security Safeguards Requirements” in The Banking Law Journal.

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The Title Reporter — Winter 2022
January 10, 2022 | Real Estate, Zoning & Land Use | Insurance Coverage

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:

  • A Delaware trial court has ruled that plaintiffs suing a title insurer for breach of a title insurance policy would not be able to present damages evidence on lost wages, carrying costs, lost opportunity
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A Legal Update for the Title Insurance Industry
January 4, 2022 | Real Estate, Zoning & Land Use

Michael Heller Peter McNamara and Matthew Spero published the article, “A Legal Update for the Title Insurance Industry,” in the Winter 2021 issue of Real Estate Finance Journal.

The authors discuss five recent court decisions of note involving title insurance.

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Title Reporter Published in Real Estate Finance Journal
October 25, 2021 | Insurance Coverage

Michael J. Heller’s, Peter P. McNamara’s and Matthew V. Spero’s Summer 2021 issue of the Title Reporter has been published in the Real Estate Finance Journal.

Click here to read the full article.

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Heller Published in The Banking Law Journal
October 21, 2021 | Banking

Michael Heller published the article, “New Private Flood Insurance Guidance on Horizon for Banks” in The Banking Law Journal.

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The Title Reporter — Fall 2021
September 28, 2021 | Insurance Coverage

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:

  • An appellate court in California has ruled that the state’s Quiet Title Act insulated a third party from the effect of a subsequent invalidation of an earlier quiet title judgment only if the third
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The Title Reporter — Summer 2021
July 6, 2021 | Insurance Coverage

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:

  • An appellate court in New York has ruled that a title insurance policy excluded coverage for a “Declaration and Covenants” filed as a condition of a zoning resolution.
  • An appellate court in New York
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Heller Published in The Banking Law Journal
May 25, 2021 | Banking

Michael Heller published the article, “Banks May Face New Computer-Security Incident Notification Requirements” in The Banking Law Journal.

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The Title Reporter – Spring 2021
March 19, 2021 | Insurance Coverage

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:

  • A trial court in New York has rejected a counterclaim filed against a title insurance company in a case it brought against an agent and an individual who signed a personal guaranty.
  • An appellate
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The Title Reporter – Winter 2021
January 8, 2021 | Insurance Coverage | Real Estate, Zoning & Land Use

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:

  • The Supreme Court of Texas has ruled that a special warranty deed conveying real property limited the grantor’s liability for allegedly breaching the implied covenant of “seisin” – that is, the covenant that the
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Heller Published in Pratt’s Banking Law Journal
December 3, 2020 | Banking

Michael Heller’s article, “Banks Have Much at Risk in Battle Over Powers of Attorney in New York” was published in Pratt’s Banking Law Journal.

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Title Insurance Coverage And Easement Disputes: Case Update
October 15, 2020 | Real Estate, Zoning & Land Use | Insurance Coverage

David Leno, Peter McNamara, Matthew Spero, and Michael Heller published the article “Title Insurance Coverage And Easement Disputes: Case Update” in Mealey’s Emerging Insurance Disputes.

Courts have issued several important decisions recently in cases involving title insurance coverage and easement disputes. In this article, the authors discuss a New York court decision resolving whether a

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The Title Reporter — Fall 2020
October 7, 2020 | Real Estate, Zoning & Land Use | Insurance Coverage

Welcome to the Fall 2020 issue of The Title Reporter: A Legal Update for the Title Insurance Industry. This issue focuses on recent court decisions involving easements. It also discusses a factsheet released by the Consumer Financial Protection Bureau on disclosures of title insurance costs.

We begin this issue of The Title Reporter with a discussion

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Heller Publishes Article in The Banking Law Journal
August 27, 2020 | Banking

Michael Heller published the article, “Electronic Closings: Key Issues for Banks” in The Banking Law Journal.

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NYS Offers Forbearance to Borrowers, NYC Allows Penalty Waivers
March 25, 2020 | Banking

On March 21, 2020, Governor Cuomo issued Executive Order 202.9, which is in effect through April 20, 2020. The order provides financial relief to consumers and businesses with outstanding bank loans.

The order modifies subdivision two of Section 29 of the Banking Law to provide that it is an “unsafe and unsound” business practice if

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SBA Makes Disaster Loans Available to Small Businesses
March 20, 2020 | Corporate | Banking

As the coronavirus pandemic continues to cause disruptions to businesses, the U.S. Small Business Administration (SBA) has announced its Coronavirus (COVID-19) Disaster Relief Lending program, which will offer certain small businesses and nonprofits affected by COVID-19 access to the SBA’s Economic Injury Disaster Loans.

As of today, small business owners in New York State are

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Heller Published in Pratt’s Banking Law Journal
January 14, 2019 | Banking

Michael Heller’s article, “New York’s Mortgage Tax Rules Burden Banks and Borrowers. But There’s a Solution” was published in Pratt’s Banking Law Journal.

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