Mark Leavy, Esquire of Marks O’Neill’s New Jersey office defeated all claims against his title insurance client. The claims arose out of a failed real estate transaction by the prospective buyer.  Plaintiff attempted to purchase a distressed property in foreclosure proceedings from the vulnerable owner, and directed the title insurance company to disburse all settlement monies at closing despite not having obtained a deed from the owner.  When Plaintiff failed to ever obtain a deed, Plaintiff commenced suit against the title insurance company for breach of contract, negligence, fraud and consumer fraud.  After prolonged litigation discovery the Court granted our motion for summary judgment based on several creative theories including the unenforceability of the underlying contract to purchase the property, which was in violation of the NJ Tax Sale Law.