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ARIES INVESTMENTS, LLC v. FIRST AMERICAN TITLE INSURANCE COMPANY

No. A-0501-14T3.

ARIES INVESTMENTS, LLC, and ARIES FINANCIAL, LLC, Plaintiffs-Respondents, v. FIRST AMERICAN TITLE INSURANCE COMPANY, Defendant-Appellant, and ACCESS NEW JERSEY TITLE AGENCY, LLC, Defendant, and FIRST AMERICAN TITLE INSURANCE COMPANY, Third-Party Plaintiff-Appellant, v. DOUGLAS KAHAN, ESQ., Third-Party Defendant-Respondent, and HENRY THOMPSON, STEVEN SCHWARTZ, and INFINITI COMMERCIAL GROUP, LLC, Third-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided August 2, 2016.

Attorney(s) appearing for the Case

Robert L. Grundlock, Jr. , argued the cause for appellant (Rubin, Ehrlich & Buckley, P.C., attorneys; Mr. Grundlock, on the brief).

Donald P. Jacobs argued the cause for respondents Aries Investments, LLC, and Aries Financial, LLC (Budd Larner, P.C., attorneys; Mr. Jacobs, on the brief).

Douglas Kahan, respondent, argued the cause pro se.

Before Judges Carroll and Sumners.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

This appeal involves whether a lender is entitled to title insurance coverage where the underlying defaulting mortgage was the result of a fraud by the borrower, and the lender was not assigned the mortgage before it was declared void.

Following trial, the...

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