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PRIVATE LENDING & PURCHASING, INC. v. FIRST AMERICAN TITLE INSURANCE COMPANY

No. 99-P-2128.

54 Mass. App. Ct. 532 (2002)

PRIVATE LENDING & PURCHASING, INC. v. FIRST AMERICAN TITLE INSURANCE COMPANY.

Court of Appeals of Massachusetts, Suffolk.

April 18, 2002.

Attorney(s) appearing for the Case

Michael B. Roitman for the plaintiff.

James B. Fox for the defendant.

Present: LENK, MASON, & GRASSO, JJ.

GRASSO, J.

We consider in this appeal whether a title insurance policy that excepts a prior mortgage from its coverage must specify that the excepted mortgage contains a "dragnet" clause.1 More generally, the question posed is whether, more than merely referencing an excepted lien or encumbrance, the "Schedule B Exceptions" to a policy of title insurance must also state with particularity...

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