Lawrence Heffernan, chair of the Real Estate Litigation and Title Insurance Group, focuses on litigation in the real estate, title insurance, commercial, and banking arenas. He has extensive trial and appellate experience in cases involving complex real estate issues, development, fraud, insurance coverage, and corporate disputes.
Mr. Heffernan is a frequent speaker before bar and business groups across the country.
Professional Associations
- American Bar Association, Past Chair of Tort Trial and Insurance Practice Section's Title Insurance Litigation Committee
- American Land Title Association, 1987 to present
- Boston Bar Association
- Massachusetts Bar Association
- New England Land Title Association, 1993 to present, Board of Directors
- Real Estate Bar Association, Past Cochair of Real Estate Litigation Committee
- The Abstract Club
Honors and Awards
- AV® Preeminent™ Peer Review Rated in Martindale-Hubbell™ in the area of Litigation (Martindale-Hubbell Peer Review Ratings is a trademark. AV Preeminent is a certification mark of Reed Elsevier Properties, Inc.)
- Listed in Massachusetts Super Lawyers® in the area of Civil Litigation Defense since 2004 (Super Lawyers is a registered trademark of Key Professional Media, Inc.)
Experience
- Represented title insurers and lenders in litigation, resolution, and recoupment of multimillion-dollar mortgage frauds, overfinancing scams, and defalcations.
- Defended developers of residential subdivisions against alleged violations of subdivision convenants and disputes over subdivision mortgages.
- Represented and counseled title insurers on coverage of multimillion-dollar claims for condominium challenges, mechanic's liens, insured closing letters, zoning disputes, tender of the policy limits, and bad faith.
- Obtained judgment after trial for a beachfront owner against claims of adverse possession and prescriptive easement.
- Convinced the Appeals Court of Massachusetts that the absence of a connection to a town sewer system, despite a municipal lien certificate that showed a sewer charge, did not constitute a title defect covered by the title insurance policy.Kokinis v. First American Title Insurance Co., 68 Mass. App. Ct. 1106 (2007)
- Obtained jury verdict for landowner on claims of nuisance, trespass, and civil rights violations.
- Established that the filing of a lis pendens does not constitute slander of title.Powell v. Stevens, trustee, 69 Mass. App. Ct. 87 (2007)
- Defended condominiums and unit owners against challenges to validity phasing and zoning of condominiums.
- Persuaded the Massachusetts Supreme Judicial Court to overturn an earlier Massachusetts Appeals Court decision and affirm a condominium developer's retention of the right to remove land from a condominium. Queler, et al. v. Skowron, et al., 439 Mass. 304 (2002)
- Defended lenders against claims of predatory lending and violations of affordable housing covenants.
- Counseled a national real estate developer in a dispute with the master developer of the largest master-planned, mixed-use development in Massachusetts.
- Defended a large group of homeowners against a claim by a neighboring municipality over the location of a town line/subdivision boundary and obtained a favorable judgment following trial.
- Defended owners, lenders, and title insurers against claims of forged deeds, mortgages, and discharges of liens.
- Counseled closely held corporation in the litigation and resolution of a dispute concerning the buyout and employment termination of a shareholder/officer.
- Successfully defended a $10 million mixed-use (including 134 residential units and 5,000 square feet of retail space) urban revitalization project against a lawsuit by abutters seeking to halt the development.
- Marshalling over 100 years of complex title records and boundary evidence and testimony of surveying and title experts, obtained judgment for a developer following trial affirming title to and boundaries of 120-acre subdivision.
- Defending potential class action concerning Massachusetts mortgage assignment and foreclosure practices.
- Represented title insurers in bad faith litigation brought by insureds and third parties.
- Obtained jury verdict for a title insurer against one of its closing agents on a claim for gross negligence.
- Represented and counseled title insurers on coverage of mechanic's liens, insured closing letters, zoning disputes, tender of policy limits, attorney malpractice, and bad faith.
Publications & Presentations
Articles
- "Title Void When Lender Foreclosed before Recording Assignment of Mortgage" (12/2011), published in The Title Insurance Law Newsletter
- "Massachusetts Supreme Judicial Court Rules on Foreclosure by Mortgage Assignee under a Securitization Trust" (2/2011), published in The Title Insurance Law Newsletter, republished in the March 2011 edition of REBA News, the publication of the Real Estate Bar Association of Massachusetts
- "New Land Court Rules of Procedure: A Primer" (Summer 2005), published inReal Estate Bar Association Newsletter
- "SJC Confirms Developers' Right to Retain Interest in Condo Land," coauthored with Clive D. Martin (4/28/2003), published in Banker & Tradesman
- "Real Estate Description and Surveys," coauthored with Mary L. Cataudella (2003), published in Real Estate Title Practice in Massachusetts
- "Liability of the Closing Attorney to Non-Clients in Real Estate Transactions" (Spring 2001), published in The Conveyancer, newsletter of the Massachusetts Conveyancers Association (MCA)
- "Equitable Subrogation Unsettled" (January/February 1999), published in Title News
- "Equitable Subrogation Revisited" (1999), published in The Best of MCLE Journal, presented at American Bar Association's (ABA) TIPS Title Insurance Litigation Committee, Massachusetts Bar Association's Property Law Section, and New England Land Title Association's (NELTA) Spring 1998 Title Insurance Claims Seminar
- "The Timing of Loss in Title Insurance Claims" (Spring 1998), published in Title Insurance Litigation Committee Newsletter
- "Title Insurance and the Duty to Search" (9/1997), published in Massachusetts Lawyers Weekly
Presentations
- "Massachusetts Foreclosure and Title Practice Viewed through the Lenses ofBevilaqua and Ibanez" (11/30/2011) presented at Massachusetts Continuing Legal Education
- "Curative Actions" (3/8/2011) presented at Massachusetts Continuing Legal Education's Resolving Common & Complex Issues
- "The Background, Impact, and Significance of US Bank National Association v. Ibanez" (3/3/2011) presented at Massachusetts Continuing Legal Education's What Ibanez Means for Real Estate
- "A Litigator's View of Liens, Challenges to Liens, and Lien Priorities" (7/2010) presented at Massachusetts Continuing Legal Education's Understanding Lien Priorities
- "My Client Has a Title Claim! Is It Actually Covered by a Title Insurance Policy?" (4/8/2009) presented at New England Land Title Association Boston Seminar
- "Tales from the Frontlines, a Discussion of Current Claims Issues" (3/6/2009) presented at American Bar Association's Title Insurance Litigation Committee Spring Seminar in Seattle, Washington
- "Recent Developments in Title Insurance Law and Claims" (3/19/2008) presented at Massachusetts Continuing Legal Education's Real Estate Law Conference
- Chair of Massachusetts Continuing Legal Education's Litigating Real Estate Disputes (8/2007 and 8/2006)
- "Mortgage Fraud: Trends, Prevention, and Recovery" (6/21 to 6/24/2007) presented at New England Land Title Association Convention
- "Closing Protection Letters: The Hidden Exposure" (9/14 to 9/16/2006) presented at American Bar Association's TIPS Title Insurance Litigation Committee Seminar in Minneapolis
- "The Shifting Sands of Massachusetts Beach Rights," copresented with Thomas O. Moriarty and Edward S. Englander (5/8/2006) at Real Estate Bar Association Spring Seminar
- "Easements by Prescription, Public and Private" (8/2005), Massachusetts Continuing Legal Education's Litigating Real Estate Disputes
- "Surveying for Attorneys," copresented with A. Richard Vannozzi, P.L.S., and Ward P. Graham, Esq. (5/10/2004) at Real Estate Bar Association 2004 Spring Seminar
- "Life After Bishops Forest," copresented with V. Douglas Errico, Esq., Robert J. Galvin, Esq., and Samuel B. Moskowitz, Esq. (5/2003) at Massachusetts Conveyancers Association Spring Seminar
- "Crouching Cases, Hidden Issues: A Lively Discussion of Some Interesting Cases" (6/2001) presented at New England Land Title Association Annual Convention
- "Notice of Claims and Tender of Defense of Title Insurance Claims" (Spring 2000) presented at Spring 2000 Title Insurance Claims and Litigation Seminar
- "From Risk Elimination to Risk Assumption" (3/2000) presented at Boston Bar Association's Title Insurance in the 21st Century Seminar
- "Litigation of Condominium Phasing and Removal Controversies" (2/2000) presented at Massachusetts Continuing Legal Education's Real Estate Conference
- "The Timing of Loss in Title Insurance Claims" (Spring 1998) presented at American Bar Association's TIPS Title Insurance Litigation Committee, Massachusetts Bar Association's Property Law Section, and New England Land Title Asssociation's Spring 1998 Title Insurance Claims Seminar
- "Recent Trends in Title Insurers' Duty to Search Title and Disclose Defects" (9/1997) presented at American Land Title Association's Legal Division Seminar
- "Disputes Between Adjoining Landowners" (5/1997) presented at Massachusetts Continuing Legal Education's Real Estate Litigation '97
- "Closing Protection Letters/The Duty to Search" (4/1997) presented at Massachusetts Continuing Legal Education's Title Insurance: What You Need to Know So the Policy Will Adequately Protect Your Clients
- "Mastering Real Estate Titles and Title Insurance in Massachusetts" (4/1996 and 4/1995) presented at National Business Institute
- "Closing Protection Letters: The Hidden Exposure" (10/1994) presented at Massachusetts Conveyancers Association and American Land Title Association's Land Title Institute Seminar
- "Somerset Savings Bank v. Chicago Title Insurance Company" (6/1994) presented at New England Land Title Association Annual Convention, panel presentation
- "Land Court Judicial Forum" (4/1992) presented at Massachusetts Continuing Legal Education
- "Fraud and Forgery in Real Estate Transactions" (1990 to 1995) presented at American Land Title Association's Land Title Institute Regional Seminars
News
3.07.12, Real Estate and Title Insurance Chair Addresses What Happens When "MERS Attacks"
2.23.12, Attorneys Discuss Bevilaqua and Ibanez Cases at Seminar
3.14.11, Robinson & Cole Attorneys Walk to the Hill in Boston
3.10.11, Larry Heffernan Authors Article on Massachusetts Foreclosure Rules Ruling
8.04.10, Lawrence P. Heffernan Presents on Lien Priorities at Massachusetts Continuing Legal Education Program