Scranton Title Insurance Lawyer

A title insurance practice built on 55 years of client representation.

If you are buying, selling, or financing commercial property in Scranton, PA, title issues can delay or derail your transaction. Liens, boundary disputes, undisclosed encumbrances, and gaps in the chain of ownership all create risk for buyers and lenders. A title insurance attorney can identify these problems before closing, resolve them when possible, and coordinate coverage that protects your investment.

Hoegen & Associates, P.C. has handled title-related matters for commercial property clients across Pennsylvania for over 55 years. Our Scranton, PA title insurance lawyer can review your title report, identify potential issues, and advise you on how to proceed. Schedule a free consultation with our office.

Title Insurance Lawyer Scranton, PA

Title insurance protects property buyers and mortgage lenders against losses caused by defects in the title to real property. Those defects can include prior liens, recording errors, forged documents, undisclosed heirs, and boundary encroachments that were not apparent at the time of the transaction.

In Pennsylvania, title insurance is issued after a title search and examination, which reviews the history of ownership and identifies any existing claims or encumbrances. The type and scope of coverage can vary depending on the property and the parties involved, and knowing how title insurance works in this context helps commercial buyers and lenders protect their interests.

Types of Title Insurance Cases We Handle in Scranton

Title issues arise in a variety of commercial real estate contexts. Some are discovered during a routine title search before closing, others surface months or years after the transaction is complete. Our firm has handled title-related matters across Pennsylvania for decades. Below are the cases we see most often.

• Real estate transactions. Every commercial real estate transaction begins with a title search. The search traces the chain of ownership through recorded documents to identify any liens, judgments, easements, or other encumbrances that could affect the buyer’s rights. We review the results, flag potential problems, and work to resolve them before the closing takes place.
• Owner’s title insurance. An owner’s policy protects the buyer against covered title defects that were not discovered during the search. If a claim arises after closing, the insurance company defends the buyer’s title and covers losses up to the policy amount. Not every policy covers the same risks, and the terms need to be reviewed carefully. Pennsylvania has specific requirements for how title insurance policies are issued, and those requirements affect what commercial buyers should expect from their coverage.
• Lender’s title insurance. Mortgage lenders typically require a separate lender’s policy as a condition of financing. This policy protects the lender’s security interest in the property, not the borrower’s ownership. We coordinate lender’s coverage as part of the commercial closing process and make sure the policy meets the lender’s requirements.
• Title defect resolution. Not every title defect prevents a closing, but most require some form of corrective action. Missing signatures on prior deeds, unreleased liens that have already been paid, recording errors at the county level, estate claims from prior owners. We work to clear these defects so the transaction can proceed.
• Lien disputes. Liens placed on a property by creditors, contractors, or taxing authorities can complicate a sale or refinance. Some liens are valid, and others are not. We review lien claims, negotiate releases when appropriate, and litigate lien disputes when a resolution cannot be reached through negotiation.
• Boundary and survey disputes. A survey that does not match the legal description in the deed, or a neighbor’s fence or structure that encroaches on the property, can create title problems. These disputes often require legal action to resolve and can affect the insurability of the title.
• Land use and zoning. Easements recorded against a property may restrict how the owner can use or develop the land. Utility easements, access easements, and drainage easements all need to be reviewed as part of the title examination. In some cases, land use and zoning questions intersect with easement issues when a planned development conflicts with an existing encumbrance.
• Title insurance claims. When a covered title defect results in a loss, the property owner or lender may file a claim under their title insurance policy. We represent policyholders in disputes with title insurance companies over coverage, valuation, and the scope of the insurer’s obligations.

Why Choose Hoegen & Associates, P.C. as My Title Insurance Lawyer in Scranton, PA?

Title and Real Estate Transaction Experience

Francis J. Hoegen has handled commercial real estate transactions requiring title review and resolution since 1989. His practice includes the purchase and sale of commercial properties, development projects, and asset-based financing, all of which involve title examination as a core component. He earned his J.D. from Capital University Law School and is a member of the Pennsylvania Bar Association and the American Bar Association.

Results in Real Estate Matters

Hoegen & Associates, P.C. has recovered millions of dollars for clients in real estate and commercial disputes across Pennsylvania. Title issues are a frequent component of those cases. Whether the matter involves a defect that surfaces after closing or a dispute over coverage with a title insurance carrier, we bring the same level of preparation: careful document review, independent analysis, and a clear strategy for resolving the issue.

What Is Important to Understand About Title Insurance Cases?

How Title Insurance Works in Commercial Transactions

Title insurance in Pennsylvania operates differently from most other types of insurance. Instead of protecting against future events, it protects against defects that already exist in the title at the time the policy is issued. The insurer’s obligation is to defend the insured’s title and to indemnify the insured for covered losses. The specifics of any policy depend on the nature of the transaction and the type of property involved, and business owners should review their coverage carefully before closing.

• A title search is the foundation. It examines the recorded history of the property going back through decades of ownership transfers, mortgages, judgments, and other recorded documents. The search identifies existing liens, encumbrances, and potential gaps in the chain of title. But a title search is not a guarantee. Some defects, like forged documents, undisclosed heirs, and recording errors, may not appear in the public record.
• The insurance policy exists to cover these hidden risks. An owner’s policy protects the buyer. A lender’s policy protects the mortgage holder. The scope of coverage depends on the policy language, and some risks may be excluded unless the buyer negotiates additional endorsements. Compliance with property disclosure requirements is also part of managing title risk in a commercial transaction.

What Are Important Aspects of a Title Insurance Case?

Title insurance cases are document-intensive. Here are several factors that tend to determine how the case unfolds.

• The title search sets the baseline. If the search was thorough and the examiner identified the relevant documents, most defects can be addressed before closing. If the search missed something, the defect may not surface until years later, at which point the buyer’s primary recourse is the title insurance policy.
• The policy language controls the scope of coverage. Standard policies cover certain risks but exclude others. Schedule B exceptions, which list specific items not covered by the policy, are often the source of disputes between policyholders and insurers. Reading this section carefully before closing is essential.
• Timing matters in lien disputes. Pennsylvania has specific deadlines for filing mechanics’ liens and for recording judgment liens. A lien that was improperly filed or filed after the deadline may be subject to challenge, which can clear the title without the need for payment.
• The relationship between the parties also plays a role. Title disputes often involve the buyer, the seller, the lender, the title company, and sometimes a prior owner or a contractor who filed a lien. Managing those relationships while pursuing a resolution requires both legal knowledge and practical judgment.

What Is the Title Insurance Case Timeline?

How long a title insurance matter takes in Scranton, PA depends on whether it involves a transactional review or a dispute.

• A title search and review for a standard commercial closing typically takes one to three weeks, depending on the complexity of the property’s ownership history
• Defect resolution can range from a few days for simple recording corrections to several weeks or months for matters involving unreleased liens, estate claims, or boundary disputes
• Title insurance claims against a carrier depend on the insurer’s response time and the complexity of the covered defect, with straightforward claims sometimes resolving in weeks and disputed claims taking considerably longer
• Lien litigation and boundary disputes that proceed to the Lackawanna County Court of Common Pleas can take several months to over a year

What Should You Bring to Your Title Insurance Consultation?

If you have a title issue affecting a commercial property, bring the documents that describe the problem and the transaction it relates to.

• The title search report or title commitment for the property
• Your title insurance policy, including all endorsements and Schedule B exceptions
• The deed, mortgage, and closing documents from the transaction
• Any correspondence with the title insurance company, including claim submissions and denial letters
• Survey documents, boundary maps, or plat records if the issue involves a boundary or easement dispute

We offer free consultations for title insurance matters. During the consultation, we will review the relevant documents and advise you on how to proceed.

Important Pennsylvania Legal Resources for Title Insurance Cases

Pennsylvania has specific requirements for title insurance that differ from other states. These resources are useful starting points.

• Lackawanna County Recorder: Deeds office maintains the recorded documents that form the basis of every title search in the county, including deeds, mortgages, liens, and easements
• Pennsylvania Court System: Provides information on Court of Common Pleas procedures, including how title disputes and lien actions are filed and heard in Lackawanna County
• Pennsylvania General Assembly: Website provides access to Pennsylvania’s insurance statutes, including provisions governing the issuance and regulation of title insurance policies

Reach Out to Hoegen & Associates, P.C. to Schedule a Consultation

If you have a title issue affecting a commercial property in Scranton, PA, or need title review and insurance coordination for an upcoming transaction, Hoegen & Associates, P.C. can help. We have spent 55 years handling title-related matters for commercial property clients across Pennsylvania. Free consultations are available. Contact us to schedule a time to speak with a Scranton title insurance attorney about your case.