When settling with a title company plaintiff on a subrogation claim, have any foreclosure defense counsel received settlements over and above policy limits? What is your typical settlement range? How has settling on your subrogation claim negatively affected your counterclaims against the mortgage lender if at all?

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Real estate transactional lawyer here, so I’ll be of no help.

But I’m intellectually curious and want to understand the scenario.

Tell me where I botch this:

You are representing a client in a foreclosure matter (I’m assuming that based on you requesting opinions of foreclosure defense attorneys).

In connection with that foreclosure defense, a title company that is suing your client based on some claim it’s insured claims to have under a purchase agreement, a note and mortgage, or other security interest (based on title company being the plaintiff in the matter and the idea that the title company’s claim is a derivative of its insured’s claim, and thus that insured is a 3rd party in a contractual relationship with your client (this the subrogation rights reference), although I suppose there could be rights under an easement or some other instrument of record.

My disconnect is why your client who is facing foreclosure being sued by the title company would be settling the claim in a manner that would entitle your client to payment. I know I’m missing a key part here - but I’m not sure what that part is.

Finally, I’m not sure why a title company would be motivated to settle in an amount in excess of the policy amount. I suppose if they had exposure under both loan and owners policies, they may be willing to pay out up to their cumulative exposure, which would likely exceed the owner’s policy limit.

More facts might help others, but I’d like them just to understand the issue b

Thank you for your reply! Yes, it’s a bit interesting...I represent a surviving spouse...deceased spouse took out a mortgage on the primary residence without the knowledge of the surviving spouse. It appears that the funds from that mortgage may have been used to payoff a second loan that was on the home prior to. The title company attorney contacted me about settling prior to joining the action as a plaintiff and amending the complaint to add an additional claim for equitable subrogation, as I’m presuming the mortgagee made a claim under the lenders policy for the amount of the loans paid off using their funds.

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