We welcomed Nate Baker, CEO and Co-Founder of Qualia, a real estate closing platform, to the podcast. Co-hosts Mike O’Donnell and Bethany Abele explored with Nate how Qualia is transforming the real estate industry by converting manual workflows into intelligent, data-driven systems. Nate shared insights on how the platform makes property transfers both simpler and more secure, including a discussion of Qualia’s latest product, Qualia Clear, which employs artificial intelligence  (“AI”) that Nate hopes and believes will revolutionize the real estate closing process.

Next, Bethany interviewed Riker Danzig associate Keshav Agiwal about a case decided in August by the Chancery Division of the New Jersey Superior Court, Mercer County, Atlantic County Sheriffs & Joseph O’Donoghue v. State of New Jersey, Docket No. MER-C-94-25 (N.J. Super. Ct. Ch. Div. Aug. 28, 2025).  In this case, the court considered whether certain sections of New Jersey’s Community Wealth Preservation Act, specifically N.J.S.A. 2A:50-64(d) and (g), violated the Takings Clause of both the New Jersey Constitution and United States Constitution.  Ultimately, the court refused to rule on the constitutionality of N.J.S.A. Section 2A:50-64(d) because none of the cases in the consolidated action implicated the right of first refusal.  However, the court found that N.J.S.A. Section 2A:50-64(g) does violate the Takings Clause of both the New Jersey and U.S. Constitutions by depriving property owners of surplus equity and preventing junior lienholders from recovering surplus funds.

Key Takeaways from this episode:

Note:  Riker Danzig is not endorsing the services of Qualia.

Riker Danzig’s Title Insurance Group also produces a “Banking, Title Insurance and Real Estate Litigation Blog,” available here.

Co-Hosts Mike O’Donnell and Bethany Abele welcomed special guests from Balcony, a blockchain technology company that secures title and real estate data for governmental entities.  Daniel Silverman, the Co-CEO, Co-Founder and Chief Visionary Officer, and Alexander McGee, the CRO, Co-Founder and Head of Government Affairs, engaged with Mike and Bethany in a fascinating discussion about how their company, founded in 2021, converts legacy property records into unalterable tokenized documents.  They explained how their focus on creating digital registries from deed and property records for local governments creates trust, transparency and efficiency for municipalities and other public agencies.

In the wide-ranging conversation, Dan and Alex explained how securing real estate documents on their blockchain platform protects against fraud, and provides one centralized registry for all residential properties.

Next, Mike interviewed Riker Danzig associate Shelley Wu, who is leaving Riker to serve as a clerk to Judge Lara Eshkenazi of the Eastern District of New York. Shelley discussed Kovachevich v. Nat’l Mortg. Ins. Corp., 140 F.4th 548 (4th Cir. 2025), a case involving the scope of a homebuyer’s right to receive a refund of unearned premiums from private mortgage insurance under the federal Homeowners Protection Act. Shelley explained the specific statutory requirements that came into play in the judge’s opinion, as well as the two-step refund requirements.

Key Takeaways From This Episode:

Note:  Riker Danzig is not endorsing the services of Balcony.

This episode of Title Nerds featured three of Riker Danzig’s summer associates and one of our title insurance associates, who expounded on principles of law in cases they had researched and reported on.

First up, Co-Host Mike O’Donnell interviewed Noah Wilk of University of Maryland Law School, who discussed Oclar Prop. LLC v. Atl. View Cemetery Assn., Inc., No. A-0834-23, 2023 N.J. Super. Unpub. LEXIS 746 (App. Div. May 6, 2025), which concerned a deal to purchase property for single family residences in which municipal Planning Board approval was required.  The Seller ultimately terminated the contract while awaiting Planning Board approval by the Buyer.  The Buyer alleged breach of contract and breach of the covenant of good faith and fair dealing. The case ultimately was decided by the New Jersey Appellate Division.

Next, Co-Host Bethany Abele engaged Meghna Gohil of Wake Forest Law School in a conversation about Keily v. Iler, Mon-C-8-19, 2025 N.J. Super. Unpub. LEXIS 621 (App. Div. Apr. 17, 2025), a recent decision from the New Jersey Superior Court, Monmouth County, Chancery Division.  The case involved a contentious dispute between members of a limited liability company and, among other things, interpretation of the LLC’s operating agreement and actions taken by two of the LLC members without the knowledge of the third member.

Carla Ko of Seton Hall University School of Law then discussed with Mike the Murray v. Newrez LLC case, 24-cv-6160, 2025 U.S. Dist. LEXIS 75676 (E.D.N.Y. Apr. 21, 2025), heard in federal court in New York.  This case involved the question of damages for servicing of a mortgage under RESPA without actual, quantifiable harm.

Finally, Riker Danzig associate Matthews Florez joined the podcast to provide insight on Grabowski-Shaikh v. Conn. Atts. Title Ins. Co., 2025 WL 35522 (Vt. Dist. Ct. Jan. 6, 2025), a case out of federal court in Vermont. As discussed with Mike, the case decided a title insurer’s duty to provide coverage to an insured when the insured claimed title to a disputed parcel of property based on adverse possession.

Riker Danzig’s Title Insurance Group also produces a “Banking, Title Insurance and Real Estate Litigation Blog,” available here.

We kicked off the new season of Title Nerds with a deep-dive into wire fraud with our special guests John Gavigan, CEO of WireVault, which provides wire fraud prevention software, and Kinny Chan, Chief Commercial Officer of Trust Stamp, an identity verification company.  Co-hosts Mike O’Donnell and Bethany Abele discussed with John and Kinny the growing experience of lawyers and real estate professionals who are fending off fraudsters trying to intercept bank instructions and redirect payments to themselves.

John and Kinny shared some of the common scenarios that cyber criminals exploit, such as taking advantage of bank instructions being shared using outdated and insecure methods including email, texts, PDF forms, and unverified phone verifications, and being saved in vulnerable locations such as email folders, Excel files, and outdated software systems. They discussed how cyber criminals exploit these workflows and technologies through phishing, social engineering, email spoofing, and advanced AI tools, making traditional verification methods unsafe.

Next Bethany and Mike interviewed Riker Danzig Commercial Litigation Partner Jorge Sanchez and Counsel Ron Ahrens about both preventing wire fraud and recovering fraudulently transferred funds, with tips about verifying information, calling a known number, recognizing information that looks “off,” not assuming someone else has verified the information, and being suspect of last-minute change requests.  They cautioned to verify receipt of funds immediately after sending so you can address promptly if there has been fraud. They advised not to rely only on law enforcement but to engage an attorney to shepherd you through the process if you suspect that you have been a victim of wire fraud.

The podcast concluded with a roundtable discussion among all the speakers sharing additional tips

Key Takeaways From This Episode

Note:  Riker Danzig is not endorsing the services of WireVault or Trust Stamp.

Co-hosts Mike O’Donnell and Bethany Abele welcomed to the podcast special guest John Crowley, New Jersey State Counsel for Stewart Title Guaranty Company.  Among other things, John tracks legislative developments and case law affecting the title arena for Stewart Title, acting as liaison between all business units. He is also head of Stewart Title’s CLE programming.

John provided several nuggets of advice for title agents and potential insureds, including:

He also identified some of the key challenges for underwriters, and New Jersey specific challenges, including (i) tax sale foreclosure issues, which have been nationally impacted by the Hennepin case and  in New Jersey the Roberto case, both of which dictate how tax sale foreclosures are handled; (ii) New Jersey Tidelands issues; (iii) foreclosure and bankruptcy proceedings; (iv) complex corporate structures, and the underwriting complexities that may result when foreign entities are involved; and (v) various types of fraud.

John shared some interesting war stories, including attempts by “train pirates” to gum up big development deals by claiming abandoned railroads are not actually abandoned, seeking payoffs to go away.

John is also President of the New Jersey Land Title Association, and explained the role of the New Jersey Title Insurance Rating Bureau, setting rates for title insurance and creating approved forms for transactions. The Association works to protect and advance the multi-billion dollar title industry in New Jersey by monitoring cases and legislation that could impact the industry, working with bill sponsors, lobbyists and county clerks’ offices.

Mike then interviewed Riker Danzig associate Kori Pruett about a recent case in the Southern District of Florida, where two land parcels were fraudulently transferred by three unidentified individuals.  In Tek Grubu Gayrimenkul Franchising Pazarlama ic ve dis Ticaret Anonim Sirketi v. Coretitle LLC, No. 1:23-cv-21026-LEIBOWITZ/LOUIS, 2024 U.S. Dist. LEXIS 181682, at *11 (S.D. Fla. Oct. 3, 2024), Coretitle served as the agent, and was sued for negligence.  In the case, the Court looked closely at procedural posture and admonished both parties for failing to adhere to local rules.

Key takeaways from this case are:

Riker Danzig partners Stuart Lederman and Rudy Randazzo were our special guests for the 5th episode of  Season 3, moderated by our co-hosts Michael O’Donnell and Bethany Abele.  Stuart and Rudy practice in Riker’s Governmental Affairs and Litigation practices with extensive experience in Eminent Domain and Condemnation Law as well as Construction Law, regularly navigating issues of title, and frequently interacting with our title insurance attorneys at the intersection of title law and real property condemnations.  Stuart and Rudy represent both governmental entities who are acquiring properties, and also property owners whose properties are targeted to be taken for particular government projects.

What You Will Hear on This Episode:

In addition, Stuart and Rudy shared some interesting  anecdotes from their wide-ranging experience representing government agencies tasked with taking property, including allowing a “jury view” of the condemned property during a trial on the taking,  and another case where the property owner resisted the taking by hiring private militia to face down the bulldozers, creating a standoff between the armed militia and the local National Guard brought in by the governmental entity.  They also touched on their related Construction Litigation practice and the dovetailing of the two practices, particularly when temporary easements are recorded on taken properties for large construction projects, and construction delays ensue with adverse effects.

Next, Bethany interviewed our newest associate in the Title Insurance practice, Shelley Wu, who discussed Moldovan v. Long, No. 1 CA-CV 23-0470, 2024 Ariz. App., Unpub. LEXIS 460 (Ct. App. May 30, 2024). In this case in the Arizona Court of Appeals, the court affirmed a summary judgment in favor of a settlement/escrow agent, finding no breach of duty where the agent sufficiently disclosed to the seller the existence of a potentially fraudulent deed but did not further investigate or determine its validity.

Bethany and Shelley discussed many of the noteworthy statements in the appeals court’s ruling that sheds light on the responsibilities of disclosing additional deeds, and concerning negligent misrepresentation claims.

Key questions addressed in Moldovan v. Long:

Title Nerds co-hosts Michael O’Donnell and Bethany Abele talked with special guest Jeffrey Greif, a seasoned real estate title sales professional with 37 years’ experience, most of which has been with First American Title Insurance Company, with which he is a four-time Circle of Excellence award winner.  Jeffrey explained why title insurance is necessary, to confirm that “the property you think you are buying is actually the property you are buying,” giving examples of the various title defects that can be uncovered when conducting title searches, including neighbor disputes, inheritance issues, fraud, and more.  Jeffrey discussed how title insurance has evolved over the years and how technology has fueled new enhancements, along with cautions against relying on attorney opinion letters in lieu of title insurance.  Also, since Bethany described Jeffrey as a “fantastic networker,” he provided valuable and practical networking tips for professionals.

He closed with a fascinating war story from his career, where his team had to research documents from 100 years ago in order to confirm property ownership.

Next, Riker Danzig associate Matthews Florez provided an overview of a recent case decided in the Court of Appeals in Washington State, finding that a title insurance company could deny coverage to a policyholder based on an exception for loss by reason of “matters disclosed by a record of survey” when the recordation information for a boundary line adjustment was disclosed only on the survey.  Matthews and Mike discussed the details of the case, High Definition Homes, LLC v. Stewart Title Guar. Co., No. 58677-1-II, 2024 Wash. App. LEXIS 1601 (Ct. App. Aug. 6, 2024), which makes clear the importance of understanding and exploring what is disclosed in a property survey prior to purchase.

Co-hosts Michael O’Donnell and Bethany Abele welcomed special guest Scott Sumner, Vice President and Underwriting Counsel of Fidelity National Financial, who has played various roles in his 21-year career, including serving as NJ State Counsel and NJ State Manager for the business operations.

Scott provided insights as to what title agents can do to get their deals closed efficiently, including urging agents to raise potential issues as early as possible and to provide all known facts to the underwriting counsel.  Some of the more challenging situations that  Scott addressed were tidelands searches, bankruptcies and mortgage foreclosures, and application of the new Community Wealth Preservation Act. He also discussed the ramifications of two new State statutes on tax sale foreclosures. In addition, Scott shared details of one complex project, an energy generation facility on the Raritan River with a cable extending to the NY state line, presenting myriad title issues.  Finally, Scott also had recommendations for affinity groups that young professionals in the industry should seek out, including the NJ Land Title Association, American Land Title Association, state and county bar associations, and others.

Then three of Riker Danzig’s Summer Associates provided summaries of some recent decisions affecting the title insurance industry that are posted on the firm’s blog on banking, real estate and title insurance.

Brandon Li, a rising third-year law student at Seton Hall University School of Law, discussed NorthMarq Financial, Ltd. v. Fidelity National Title Insurance Company decided in federal court in Colorado.  In the case, the Court rejected the insured’s claim for defense and indemnity for mechanic’s liens on a construction project for a senior living center. Brandon said the case highlights the need for parties to include specific endorsements if they want coverage for post-policy liens.

Georgia Macedo Cardoso is also a rising third-year law student at Seton Hall University School of Law.  Georgia discussed 771 Allison Court LLC v. Sirianni, in which the New Jersey Appellate Division decided that the failure to disclose a right of first refusal clause in a prior deed prevented good, marketable, and insurable title from being delivered at closing. Georgia said the case confirms the obvious:  any seller of real estate should be forthcoming and disclose a right of first refusal before entering into any real estate contract and should not take shortcuts.

Keshav Agiwal, a rising third-year law student at the University of Richmond School of Law, discussed Nationstar Mortgage, L.L.C. v. Scarville, decided in the Court of Appeals in Ohio.  The case involved the doctrine of lis pendens and the timeliness of a third party’s motion to intervene in a foreclosure litigation. Keshav suggested two major takeaways from this case: one is the importance for parties to know the intricacies of various state law doctrines, such as lis pendens and how it is used in one state versus another. The other big takeaway is that a buyer of property needs to know that property’s history of litigation and what litigation the property may still be involved in or could be in the future.

Riker Danzig partners Jim Lott and Diane Hickey were our special guests for the second episode of Season 3, moderated by our co-hosts Mike O’Donnell and Bethany Abele.  Jim and Diane practice in Riker’s Governmental Affairs practice with extensive experience in Land Use law, regularly dealing with disputes over title, and continually interacting with planning boards and the Department of Transportation at the intersection of title law and real estate development.

They explained to Bethany and Mike that most of their title examination for commercial development comes during thorough due diligence, whether for developers, lenders or investors, which serves to help avoid most title disputes. They advise as to the best courses of action to address a potential title issue in appearances before planning boards, from controversial warehouse projects, and commercial shopping centers to lighting applications for drive-up ATMs. Diane also addressed specific issues faced by cannabis licensees with applications before the local planning and zoning boards, when title insurance companies are not issuing policies because of federal law hurdles for real property transactions with cannabis uses.  Jim also provided insight on being attentive to DOT access rights for properties located along state highways when considering subdividing or changing lot lines, and dealing with easements in the planning board context.

Next, Mike interviewed then-associate Thomas Persico, who is now serving as Assistant General Counsel with JPMorgan Chase.  Tom explained the Community Wealth Preservation Program established by Governor Murphy early this year, which aims to intercept foreclosed-upon residential properties before public auction by giving first and second rights of refusal to purchase after foreclosure.  The goal of the program is to keep generational wealth within families.  Tom addressed how the Act works and the various restrictions, as well as how sales under the Program differ from other foreclosure sales.  Mike and Tom discussed the process of exercising the rights of refusal, exploring how sheriff’s offices are enforcing deed restrictions and addressing complaints.  They also identified areas of the Program that will likely be clarified in the future.

Co-hosts Mike O’Donnell and Bethany Abele kicked off the third season of Title Nerds by welcoming special guest Bushnell Nielsen, author of the well-regarded treatise Title and Escrow Claims Guide, which Mike and Bethany noted they and every title insurance attorney in the country regularly refer to. Bush provided tips on finding and working with expert consultants for title insurance cases, from hiring to trial.

He gives his insight on when you should find the expert, asking specific questions to discern if the expert knows what you need the expert to know, how to work with an expert on his report and testimony and addressing the other side’s expert, and other procedural tips.

Mike then interviewed Kevin Hakansson, an associate in our Title Insurance practice, about Pillai v. Scalia, 103 Mass. App. Ct. 1122 (2024), a case at the intersection of family law, real estate and joint tenancy. Title to the property at the center of the case originated in joint tenancy between three parties, but questions arose after a divorce, a death, a resale and a refinancing, at which point a possible title defect was uncovered. Kevin explains the facts of the case that resulted in the Appeals Court determining that the surrounding circumstances demonstrated that joint tenancy was what parties’ intent dictated.