While the issuance of title insurance policies is not the practice of law, we as title professionals find ourselves immersed in the legal world every day. Most of what we do depends upon the state of the law—how we examine titles, prepare deeds, and underwrite risks are all done with legal issues in mind. As a result, we sometimes have to consider one of the building blocks of any law practice: civil litigation.
As always, our first and most important advice to you as a title agent is to consult underwriting about any legal issues you encounter, especially those related to pending litigation. This article is not meant as a substitute for thorough consideration of a lawsuit with your favorite underwriting advisor, because each case is different and can affect a title in different ways. Instead, with this guide we hope to familiarize you with the component parts of a civil case so that those long docket sheets and voluminous court documents begin to make sense. This brief article will not have all the answers, but it should help you ask the right questions when a difficult title clearance issue arises.
Please note that the following comes from an understanding of Pennsylvania civil procedure. The concepts may apply broadly, but each state has its own particularities when it comes to civil procedure rules. This should also not be taken to apply to municipal and tax liens or family court matters, which tend to have their own rules, and certainly have their own underwriting guidelines.
