Real Estate Title Insurance Company Of Philadelphia
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The Real Estate Title Insurance Company of Philadelphia was the world's first title insurance company.Craig, Mark R. ''Lawyer and Banker and Central Law Journal'', 1932 25: 134,
What Is Title Insurance
. Accessed 5 November 2008.


Background

Prior to the invention of
title insurance Title insurance is a form of indemnity insurance predominantly found in the United States and Canada which insures against financial loss from defects in title to real property and from the invalidity or unenforceability of mortgage loans. Unlike ...
, buyers in real estate transactions bore sole responsibility for ensuring the validity of the
land title In property law, title is an intangible construct representing a bundle of rights in (to) a piece of property in which a party may own either a legal interest or equitable interest. The rights in the bundle may be separated and held by different ...
held by the seller. If the title were later deemed invalid or found to be fraudulent, the buyer lost their investment. In 1868, the case of Watson v. Muirhead was heard by the
Pennsylvania Supreme Court The Supreme Court of Pennsylvania is the highest court in the Commonwealth of Pennsylvania's Unified Judicial System. It also claims to be the oldest appellate court in the United States, a claim that is disputed by the Massachusetts Supreme J ...
.
Plaintiff A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the p ...
Muirhead had lost his investment in a real estate transaction as the result of a prior
lien A lien ( or ) is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation. The owner of the property, who grants the lien, is referred to as the ''lienee'' and the pers ...
on the property.
Defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdic ...
Watson, the
conveyancer In most Commonwealth countries, a conveyancer is a specialist lawyer who specialises in the legal aspects of buying and selling real property, or conveyancing. A conveyancer can also be (but need not be) a solicitor, licensed conveyancer, or a fe ...
, had discovered the lien prior to the sale but told Muirhead the title was clear after his lawyer had (erroneously) determined that the lien was not valid. The courts ruled that Watson (and others in similar situations) was not liable for mistakes based on professional opinions. As a result of the case the Pennsylvania legislature included a section allowing for the incorporation of title insurance companies in The General Corporation Act passed an 1874.National Title-Duluth, Inc
TITLE INSURANCE: AN AMERICAN TRADITION
". Accessed 5 November 2008; Act of 1874, April 29, P.L. 73, §29.


History

Joshua H. Morris, a conveyancer in
Philadelphia Philadelphia, often called Philly, is the largest city in the Commonwealth of Pennsylvania, the sixth-largest city in the U.S., the second-largest city in both the Northeast megalopolis and Mid-Atlantic regions after New York City. Sinc ...
, and several colleagues met on 28 March 1876 to incorporate the first title insurance company to address the issue. The new firm, they stated, would "insure the purchasers of real estate and mortgages against losses from defective titles, liens and encumbrances," and that "through these facilities, transfer of real estate and real estate securities can be made more speedily and with greater security than heretofore." It took the name of The Real Estate Title Insurance Company of Philadelphia. Martha Morris, Joshua's aunt, purchased the first policy, valued at $1,500, on 24 June 1876 to cover a mortgage on a home on 718 North 43rd Street in Philadelphia. In 1881 the company changed its name to The Real Estate Title Insurance and Trust Company of Philadelphia and in 1927 merged with the Land Title and Trust Company (founded in 1885) and the West End Trust Company to form The Real Estate-Land Title and Trust Company, which was shorted to Land Title Bank and Trust Company in 1936. During a merger in 1953 with the Tradesmen National Bank and Trust Company to create the Trademens Land Title Bank and Trust Company, the title insurance division was turned into a wholly owned subsidiary known as the Land Title Insurance Company. It was in 1955 that the Trademens Bank decided to sell off the Land Title Insurance Company to the Commonwealth Title Company.''The Wall Street Journal'', 24 October 1955, p. 8. The Commonwealth Title Insurance and Trust Company of Philadelphia was incorporated in 1886. In 1928 it merged with the Provident Trust Company which turned its title insurance business over to a wholly owned subsidiary known as Commonwealth Title Insurance Company. The newly formed subsidiary quickly consolidated the title insurance business in
Philadelphia Philadelphia, often called Philly, is the largest city in the Commonwealth of Pennsylvania, the sixth-largest city in the U.S., the second-largest city in both the Northeast megalopolis and Mid-Atlantic regions after New York City. Sinc ...
by absorbing six local title insurance companies and assuming a new name as the Commonwealth Title Company of Philadelphia in 1929. In 1938 it acquired the Pennsylvania Title Insurance Company from the Central-Penn National Bank. In 1955 that The company became the Commonwealth Land Title Insurance Company through a merger with the Land Title Insurance Company (successor to the old Real Estate Title Insurance Company). In 1964, Commonwealth purchased Louisville Title Insurance Company of Kentucky. Commonwealth merged with Provident National Bank in 1969 and was sold to the Reliance Group, Inc. six years later. As part of the Reliance Group, Commonwealth merged in 1990 with Transamerica Corporation's subsidiary Transamerica Title Insurance Company which later became Transnation Title Company.''The Wall Street Journal'', 3 January 1990, p. C19. It later became part of LandAmerica. When LandAmerica went bankrupt, it sold Commonwealth to
Fidelity National Financial Fidelity National Financial, Inc. (NYSE: FNF), a Fortune 500 company, is a provider of title insurance and settlement services to the real estate and mortgage industries. FNF generated approximately $8.469 billion in annual revenue in 2019 fro ...
.


References


External links

* {{Real estate Fidelity National Financial Companies based in Philadelphia Insurance companies of the United States Financial services companies established in 1876 1876 establishments in Pennsylvania