Urban, et al. v. Federal Home Loan Mortgage Corporation, No. 11-10915-FDS, 2012 U.S. Dist. LEXIS 8397 (D. Mass. Jan. 25, 2012)

(plaintiff purchased foreclosed property from defendant at public sale; sale contract addendum stated that "if purchaser agrees to use the title insurance company utilized by the seller's attorney or agent, then seller agrees to pay for purchaser's owner's title policy"; after purchase, defendant did not honor provision; plaintiff purchased own title insurance policy for $680 and sued for breach of contract and breach of implied covenant; court refused to dismiss case - promise to pay for title insurance is valid exception to merger doctrine for promises that are additional or collateral to main promise to convey and are not inconsistent with deed; promise to pay for title insurance was in addition to delivery of deed; while contract not breached, plaintiff's complaint alleged that defendant barred occurrence of condition precedent "that would have obligated it to pay for the title insurance policy"). 

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