Lori C. Hershorin | Foothill Ranch Real Estate Lawyer

Lori Carver Hershorin, a Partner of Hershorin & Henry, LLP, has extensive experience in litigation matters involving lender liability, title, equitable subrogation, lien priority real estate issues, mortgage fraud, mechanics liens, escrow, negligence and insurance bad faith.  She also is a certified Court-Mediator for Orange County, Los Angeles County and Riverside County as well as an Arbitrator for the Orange County and Riverside County Bar Associations for attorney’s fee disputes.

Mrs. Hershorin has successfully defended 30 out of 30 Appeals.  She is responsible for the first published decisions in the State of California concerning the definition of “lack of access” under a title insurance policy and sub-escrow duties of a title insurance company, found in the published decisions entitled Magna Enterprises v. Fidelity National Title Insurance Co. (2002) 104 Cal.App.4th 122 and Markowitz v. Fidelity National Title Insurance Company (2006) 142 Cal. App. 4th 508.

Mrs. Hershorin began her legal career in 1991 at the prestigious Law Firm of McDermott, Will & Emery.  As an associate, she worked on fraud cases through trial, contract disputes, employment issues and real property matters.

She thereafter joined the Law Firm of Lewis D’Amato, Brisbois & Bisgaard wherein she worked on numerous mortgage fraud cases, real estate disputes and breach of contract cases.  In 1995, Mrs. Hershorin became a member of the legal department of Fidelity National Title Insurance Company, a Fortune 300 company traded on the New York Stock Exchange.  At that time, she was an Assistant Vice-President and Associate Counsel, and litigated hundreds of cases involving issues of real property (title and escrow), fraud, breach of fiduciary duty, insurance bad faith, business issues, breach of contract, complex business and partnership disputes, and probate issues.  She also supervised outside counsel and provided legal advice on a regular basis to the title and escrow operations concerning all topics including labor and employment issues, business concerns, unfair competition claims, and employee theft.  Mrs. Hershorin conducted several arbitrations and trials, and prepared for numerous trials that were settled before trial commenced.  Mrs. Hershorin has conducted hundreds of depositions and has drafted all forms of pleadings and discovery.  

In January 2000, Mrs. Hershorin was promoted by Fidelity to a Vice-President, Senior Litigation Counsel and Litigation Manager for the Southwestern Region.  While continuing to litigate in the areas of real estate, title, escrow, insurance bad faith and business disputes, Mrs. Hershorin additionally assumed responsibility for the litigation departments in Southern California and Las Vegas, Nevada.  Her management role entailed supervising litigation attorneys and staff, interfacing with claims attorneys, developing budgets, controlling expenses and costs, and interfacing with upper management on pending and potential litigation.

Since 2003, Mrs. Hershorin has been the managing partner of Hershorin & Henry, LLP.  She represents both corporate and individual clients on litigation, real estate title and escrow matters and currently advises several corporations.  Moreover, Mrs. Hershorin has been retained by several clients to perform transactional work including drafting stock purchase agreements, corporate governance documents, employment handbooks, employment agreements, licensing agreements and severance agreements.  During her tenure with Hershorin & Henry, LLP, Mrs. Hershorin has drafted and prevailed on several appeals.  Moreover, she has provided coverage opinions on insurance claims and has been retained to investigate issues pertaining to title and escrow claims.

Mrs. Hershorin also formed Title Resolution Services, a title insurance claims handling/curative title resolution company (“TRS”) in June of 2008 and the company has processed over 3,500 title insurance claims. To date, Mrs. Hershorin remains the Chief Executive Officer and TRS continues as a viable title resolution company.

During her career, Mrs. Hershorin has given several lectures on real property issues, developments in California law pertaining to the real estate industry, bad faith insurance litigation, and general civil litigation procedures.  

Mrs. Hershorin was admitted to practice in California and Indiana in 1991.  She was admitted to practice in the U.S. Central and Southern District Courts of California in 1992.

Mrs. Hershorin obtained her Juris Doctor degree from Indiana University School of Law in 1991 where she was honored as a “Note Development Editor” for the Indiana Law Review, and was honored with the Order of the Barristers-Moot Court Society.  Mrs. Hershorin was named as Women of the Year in 2010 and 2011 from the National Association of Professional Women.

Position	Organization	Location	Duration
Managing Partner	Hershorin & Henry, LLP	California	2003 - Present

School	Degree	Major	Graduation
Indiana University Robert H. McKinney School of Law	JD	Law School	1991
Indiana University	B.S.		1986

State / Court	Date
California	1991

• -Women in Default Servicing, WinDS
  
  -American Bar Association
  
  -National Association of Professional Women
  
  -California Land Title Association
  
  -Orange County Bar Association
  
  -State Bar of California

• -Order of the Barristers - Moot Court Society
  
  -Editor for Indiana Law Review
  
  -Indiana University School of Law - Note Development

• -Represented Lender secured by multi-family properties prevailed at trial of bankruptcy adversary action and was awarded accrued default interest on matured loan. -Prevailed at demurrer on 30 related mass-tort/personal injury claims against non-profit hospital client resulting in dismissals with prejudice of client. -Represented heir at trial and prevailed on her challenge the parent’s living trust was not valid as being the product of sibling’s undue influence. -Successfully obtained summary judgment in mechanic’s lien case to clear title on real property, breach of contract case, validating over a million dollar deed of trust on real property, breach of contract case regarding sale of commercial property. -Successfully obtained summary judgment in favor of lender quieting title to residential property, judgment in favor of title company, lender, and servicer in slander of title, violation of Civil Code section 1798.93, and cancellation of cloud on title case and defeating alleged fraudulent transfer claim. -Obtained release of $1,000,000 lien on real property without settlement payment. -Successfully obtained an early dismissal with prejudice of a lawsuit brought by a serial adverse possessor against a real estate investor client in less than six months, without engaging in formal discovery, moving for summary judgment or proceeding to trial. -Successfully settled a contentious dispute between a third-party purchaser and an national industry-leading REO-seller client regarding an HOA disclosure issues in less than one year without the need for any litigation. -Successfully negotiated and achieved relocation of a high-risk tenant for a landlord client without formal dispute resolution or litigation, in less than three months, and without any damage to the landlord’s property or reputation. -Successfully negotiated a release for a national escrow company client involved in bitter and antagonistic litigation between a hospital and it’s high-profile buyers, without client paying for said release or paying for its attorney’s fees and costs out-of-pocket. -Obtained a release of over million dollar lien on client’s real property without client paying for said release, and within approximately 6 months of filing lawsuit. -Successfully settled a frivolous personal injury and premises liability case, where theplaintiff demanded over $360,000.00, for only $1,500.00. Caused to be dismissed meritless fraud causes of action, which are now being asserted in medical malpractice actions. -Successfully defended bank clients against wrongful foreclosure actions, and has helped resolve, in her employer clients’ favor, baseless wrongful termination and retaliation actions. -H&H successfully determine appeals court that an escrow office has an absolute right to interplead funds regardless if purchase agreement contains provisions the interpleader statute provision. -H&H has resolved the most contentious release of the deposited escrow funds within 24 to 48 hours of the filing of the interpleader with the court.

• -Magna Enterprises v. Fidelity National Title Insurance Co. (2002) 104 Cal.App.4th 122 (Established definition of lack of access in title insurance policy
  
  -Markowitz v. Fidelity National Title Insurance Company (2006) 142 Cal. App. 4th 508 (Defines sub-escrow role of title insurance company)

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