A recent court decision should give pause to Connecticut’s title insurance industry, and incentive for the Connecticut Title Association to apply for amicus status on appeal. Although the decision was in favor of the insurer and against the insured (whom I represented, with co-counsel), the rulings encompassed by it would, if correct, render title insurance meaningless and unsaleable.
In 2003, Mr. X conveyed land he had owned since 1994, via warranty deed, to an LLC for a senior housing development. On Aug. 16, 2005, the tax collector sent demands to the LLC for payment of long-forgotten tax liens for 1993 taxes that had been misrecorded outside the chain of title in the name of the pre-Mr. X owner, and under an incorrect property description (the land was subdivided before reverting to the single parcel purchased by Mr. X).
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