ANDERSON’S SUCCESSFUL APPEAL DECISION REPORTED NATIONALLY BY ALTA

BATON ROUGE, LA  (February 10, 2021 2:07 PM)  — Lawrence (Larry) R. Anderson, Jr.’s successful appeal decision in Melancon v. Commonwealth Land Title Ins. Co., 20-0196 (La.App. 1 Cir. 12/30/20), _______ So.3d _______, 2020 WL 7769734, has been reported nationally in The Title Insurance Newsletter of the American Land Title Association (ALTA) of February 2021, Volume 29, Issue 1, page 5.

The appeal decision affirmed the judgment dismissing a suit to nullify a default judgment that Mr. Anderson obtained for title insurer, Commonwealth Land Title Insurance Company. The default judgment was based upon a subrogation claim by the title insurer for the amount it paid its insured to settle a title claim for a mortgage recorded prior to the insured’s mortgage.

Mr. Anderson is grateful to the ALTA for reporting this case but wished that it had reviewed the article with him before publication because of certain facts not correctly stated in the article. The title insurer did not purchase the insured’s note and mortgage and the suit was not based upon assignment.

Instead, the suit was based upon subrogation by which under Louisiana law the subrogee is treated the same as an assignee as standing in the shoes of the obligee to the extent of the amount of the payment of the obligation by the subrogee.

For more information or further clarification about Melancon v Commonwealth Land Title Ins. Co., please call Larry Anderson, Cell: (225) 324-7459, or email him at larry@lraattorney.com.