escrow agent fiduciary

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785 documents for escrow agent fiduciary

- Hurst v. Enterprise Title Agency, Inc., (Ohio 2004)
REAL PROPERTY - transfer of title; point-of-sale inspection; land sale contract; equitable interest; Consumer Sales Protection Act; pure real estate transaction; collateral transaction. CONTRACTS - exculpatory clause; public policy; vague and ambiguous; freedom to contract; unconscionability; substantive unconscionability; procedural unconscionability; commercially reasonable; breach of contract; summary judgment. NEGLIGENCE - negligence per se; class statute is designed to protect; inspection ordinance; protect health and safety; economic recovery; fiduciary duty; escrow agent; carry out terms of agreement.
- Ohio Supreme Court
- Missouri Court of Appeals Southern District Case Summaries: May 17, 2012
Commercial Sale Of Property Breach Of Fiduciary Duty Earnest Money Where a seller of real property claimed that a title company breached its fiduciary duty and the seller sought $100,000 in liquidated damages, the terms of the purchase agreement named the title company as escrow agent and expressly provided that $100,000 earnest money was placed in a trust account by the title company to constitute liquidated damages in the event the buyer backed out of the transaction, so the title company owed the seller a fiduciary duty to either deposit the money or obtain the seller's permission to alter the terms of the agreement, and its admitted failure to do so constituted a breach, so the trial court properly entered judgment for the seller since contrary instructions from the buyer constitut...
- Missouri Lawyers Media
- May 24, 2012
- Eller Media Co. v. GGE, Ltd., (Ohio 2004)
Title, Property Rights, Billboard, Duty to Defend, Attorney Fees, Summary Judgment, Breach of Fiduciary, Breach of Contract, Title Policy, Motion to Compel, Escrow, Survey Exception, Affidavit, Permitted Encumbrance, Lease, License, Knowledge, Indemnify, Possessory Interest, Title Agent, Privity, Agent, Principal, Motion to Amend, Bad Faith.
- Ohio Supreme Court

- New watchdogs for fraud? Different courts have reached various conclusions when it comes to the duty of escrow officers to report signs of mortgage fraud to lenders. It pays to know what the law says in different jurisdictions.
.... Role of the escrow agent . An escrow agent's function is typically defined ... owe a three-sided duty of loyalty (a fiduciary duty). That duty extends to the lender, seller and...
- Proposed Exemptions From Certain Prohibited Transaction Restrictions
This document contains notices of pendency before the Department of Labor (the Department) of proposed exemptions from certain of the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974 (ERISA or the Act) and/or the Internal Revenue Code of 1986 (the Code). This notice includes the following proposed exemptions: D-11517, JPMorgan Chase & Co. and its Current and Future Affiliates and Subsidiaries (JPMorgan Chase); D- 11579, Delaware Charter Guarantee & Trust Co. d\b\a\ Principle Trust Company (Principle Trust); D-11628, Aztec Well Servicing Company and Related Companies Medical Plan Trust Fund (the Plan); D-11669, Genzyme Corporation 401(k) Plan (the Plan or the Applicant); and Retirement Program for Employees of EnPro Industries (the Plan),...

... Auction Rate Security is made by a Plan fiduciary or Plan participant or IRA owner who is independen..., submit all of these orders to an auction agent. The auction agent's functions include collecting ...It would be transferred to an escrow account (the Escrow Account) in the name of Coltec...
- Federal Register Nbr. 76 FR 77594, December 13, 2011
- Notices
- Labor Department
- Reengineering financial services: how data tagging has made a muddle of financial transparency-and what CEOs can do about it.
... Treasury Co.BV 3,657 Collateral Depot Agent Lehman Brothers Holdings inc. 2,228 Dealer Neubergger Berman Inc. 7 Depository Agent Escrow Agent Fiduciary Unique issuing Identities 204 Floo...
- Chief Executive (U.S.)
- Nbr. 2009, January 2009
- United States of America, Plaintiff-Appellee, v. Doyle Koehn, Defendant-Appellant., 74 F.3d 199 (10th Cir. 1996)
...Appellant also controlled Real Estate Escrow and Closing Services, Inc. ("Escrow Closing Servic...The second is where a "fiduciary or personal trust relationship exists" with other ...1084, 1088 (D.Utah 1990) (an "escrow agent owes a fiduciary duty to all parties to the escrow...
- Federal Circuits
- Waffen v. Summers, (Ohio 2009)
Summary judgment for title company on claims of negligence and breach of contract was improper; implied contract existed where title company admitted that it acted as escrow agent and agreed to disburse funds according to purchase agreement and closing settlement statement; genuine issue of fact existed as to whether title company negligently disbursed funds due seller after closing.

... claims of breach of contract, breach of fiduciary duty, and negligence. . 7. . - 7 -. . The trial c...
- Ohio Supreme Court
- Appellate Division, 3rd Department Case Summaries: February 10, 2011
Appellate Division, Third Department Banking

Fiduciary Duty -- Subrogation. Lawyers' Fund for Client Prot... firm to close mortgage loans and act as an escrow agent for related funds, that fiduciary escrow acc...
- Daily Record (Rochester, NY)
- February 17, 2011
- in Re: Mushroom Transportation Company, Inc., Debtor. Jeoffrey Burtch; Mushroom Transportation Co., Inc.; Penn York Realty Company, Inc.; Robbey Realty Inc.; Trux Enterprises; Teamsters Pension Trust Fund of Philadelphia; Charles J. Schaffer, Jr.; William J. Einhorn; Raymond A. Huber; Hubert C. Dietrich; Robert J. Ewanco; William D. Gross; Thomas R. Johnston; Joseph P. Santone; William J. Dillner, Jr.; James H. Hutchinson, Jr.; John P. O'Connor; Anthony R. Simones; Freight Drivers & Helpers Local 557 Pension Fund; Daniel L. Sandy v. Jonathan H. Ganz; Pincus Verlin Hahn & Reich, P.C.; Pincus Reich Hahn Dubroff & Ganz, P.C.; Modell Pincus Hahn & Reich, P.C.; Pincus Verlin Bluestein Hahn & Reich, P.C.; Astor Weiss & Newman; Rawle & Henderson; Continental Bank; Erwin L. Pincus; Richard L. Hahn; Pace Reich; Jerome J. Verlin; Andrew F. Napoli; Ronald Bluestein; Herman P. Weinberg; David N. Bressler; Allen B. Dubroff Jeoffrey Burtch, Trustee in Bankruptcy of Mushroom Transportation ..., 382 F.3d 325 (3rd Cir. 2004)
... that fosters lawyers' abuse of their fiduciary relationships with their clients, and fail adequat... the parties, authorized the opening of an escrow account at Continental to hold the balance of proc..., with Jonathan Ganz, c/o PVHR, as escrow agent for Mushroom. Between August 3, 1987 and April 26,...
- Federal Circuits