Title Nerds

In the season’s third episode, co-hosts Bethany Abele and Mike O’Donnell were joined by Riker Danzig’s own Charlie McKenna, Megan Kilzy, and Jonathan Barrera — all members of the Firm’s White Collar Investigations and Defense practice. Together, they bring decades of experience as federal and state prosecutors. This special episode explores how white collar work intersects with real estate and title insurance, particularly around mortgage and wire fraud. Our guests weighed in on some of the thorniest issues in fraud: how to approach reporting it to state and federal authorities, how to work with the government while also trying to recoup money lost to fraud, and what to consider before notifying the government of wire fraud.

Then Bethany interviewed Jonathan about a case recently decided in the Superior Court of New Jersey Appellate Division, Daniel Thompson and Elizabeth Thompson v. Geraldine Jones and Rhys Jones, (Docket # A-2860-24, July 17, 2026). The contentious case addressed a boundary line dispute that started when a contractor’s ladder was too close to the neighboring property line for the plaintiffs’ liking.

In this season’s second episode, Monica Gilroy of The Gilroy Firm  joined the podcast, welcomed by co-hosts Bethany Abele and Mike O’Donnell, who know Monica well through the American Land Title Association (“ALTA”).  Based in Atlanta, Monica has a  legal practice providing coverage opinions, claims litigation and real estate litigation.  Monica provided a spirited and captivating overview of her experience, including her involvement in the Real Property Law Section of the George State Bar, ALTA committee leadership, and speaking and writing.  She explained some distinctive aspects of title insurance law in Georgia, such as the impact of the lack of a saving statute law and the “Gordon” laws, and also shared some entertaining war stories.

Then Mike turned to a case recently decided in the Colorado Court of Appeals, Michel L. Schulp Revocable Trust v. Attys. Title Guar. Fund, Inc., 2026 Colo. App. LEXIS 340 (Colo. App., March 19, 2026).  The case addressed the applicability of the complete defense rule in the title insurance context, and provided insight into what Covered Risks 4 and 5 cover and how Exclusions are used to determine coverage.

Key Takeaways from this episode:

For the first episode of our fifth season, co-hosts Michael R. O’Donnell and Bethany A. Abele welcomed Jeffrey Leung, Senior Vice President and Chief Claims Counsel of WFG National Title Insurance Company. Jeff discussed the evolution of the title insurance industry based on his career experience handling claims for a national underwriter, running the gamut of “everything from A to Z – abstracts of title to zoning,” proving once again that title insurance is not boring! Jeff contrasted working with insured lenders and working with homeowners, providing guidance on navigating the claims process effectively, including complicated sales transactions and estate situations with heirs.

Next, Mike discussed a federal court case emphasizing the importance of obtaining a survey when purchasing real estate. In Messersmith v. CATIC Title Insurance Company, 2025 WL 3530275 (M.D. Pa. 2025), an individual purchased a property and moved into the house, learning thereafter from a neighbor that she was living in a house that was actually on that neighbor’s property. She had opted not to obtain a survey prior to closing on the property. Mike explains how the survey exception comes into play in this case, and how courts determine the merits of these claims.

Key Takeaways from this episode:

Note: Riker Danzig is not endorsing the services of WFG National Title Insurance Company.

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

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.