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June 18, 2012
The Legal Description Edition
June 18, 2012
Desiring to raise the bar, title agents in Alabama worked with underwriters, regulators and legislators to push legislation that provided additional requirements for them to adhere to, including continuing education and licensing. We talked with those involved in the decision to give you the inside scoop on the new requirements, and the reason agents were pushing for them. We also provide analysis of the U.S. Supreme Court’s decision in Freeman and the Arizona Supreme Court’s opinion in one of many ‘produce the note’ cases continuing to flood the court system.


Is more oversight always bad?
Posted Date: Monday, June 18, 2012
As I was preparing this edition, I came, once again, to a simple realization — more oversight isn’t always a bad thing. Read on for my reasons for thinking this.

Ala. agents strive for higher standard with licensing, education requirements
Posted Date: Monday, June 18, 2012
Title agents in Alabama will have to follow new laws and regulations governing their educational requirements and oversight of their activities after Act No. 2012-397 goes into effect in January. The new law was put together by a legislative task force which included agents of all sizes and regions of the state, as well as some underwriter representatives. Members of the Alabama Land Title Association (a division of the Dixie Land Title Association) who worked on the new law were quick to point out that it

CFPB gets new data, requests more comments on ability-to-repay
Posted Date: Wednesday, June 06, 2012
After receiving new data in a rulemaking regarding consumers’ ability to repay mortgage loans, the Consumer Financial Protection Bureau is re-opening the comment period on the rule so people can comment on the new data. Read on for more details.

WFG promotes new national agency underwriting counsel
Posted Date: Wednesday, June 06, 2012
WFG National Title Insurance Co. has announced that it has promoted one of its own to the position of vice president, national underwriting counsel. Read on for more details about the promotion.

Hillsborough Title Co. adds real estate attorney to the team
Posted Date: Wednesday, June 06, 2012
Tampa Bay, Fla.-based Hillsborough Title Co. has added a South Tampa real estate attorney to its staff to oversee legal services. Read on to find out more about the new hire.

Demotech studies relationship between losses and regulatory strength
Posted Date: Wednesday, June 06, 2012
In its recently released study, Escrow Theft: Today’s Challenge in Title Insurance, Demotech Inc. observed the relationship between title insurance losses and the strength of state regulation for title agents. Read on for the company’s findings.

TransactionPoint allegations brought back as class sues Fidelity
Posted Date: Wednesday, June 06, 2012
Almost a year after Fidelity National Financial reached a settlement with the U.S. Department of Housing and Urban Development regarding allegations that the company paid improper kickbacks to Realtors, a group of homeowners in California filed a class action against Fidelity and its subsidiaries regarding those same allegations. Read on for more from the complaint.

ALTA Board of Governors appoints new member
Posted Date: Wednesday, June 06, 2012
The American Land Title Association Board of Governors announced the appointment of a new member to fill the vacancy left by Mike Skalka. Read on to find out more about the new board member.

Emerald City Escrow center of further alleged fraud schemes
Posted Date: Monday, June 04, 2012
Almost a year and a half after Emerald City Escrow was last in the news, following the confession of its owner to mortgage fraud, the company is back in the news following the indictment of other employees of the company. Read on for more details.

Fraud index lowest in three years
Posted Date: Monday, June 04, 2012
Interthinx’ Mortgage Fraud Risk Report from the first quarter of 2012 revealed that the index was the lowest it had been since the second quarter of 2009. Read on to find out what else the report showed.

When can abstention be granted?
Posted Date: Monday, June 04, 2012
As part of a case in which the insured was seeking coverage after discovering she did not receive title to a portion of the property she purchase, the U.S. District Court for the Middle District of Pennsylvania had to determine when it was appropriate to grant abstention. The insured had filed suit in state court and federal court alleging claims of bad faith in handling her claim.

Louisiana Senate requests lien law study
Posted Date: Monday, June 04, 2012
The Louisiana Senate passed a resolution requesting the Louisiana State Law Institute study the structure of Louisiana’s lien law and request ways to simplify the statutes governing liens. Read on for more details.

Hurry! Less than 1 week left to register for Summit!
Posted Date: Monday, June 04, 2012
The National Settlement Services and Compliance Summit is fast approaching. Have you reserved your spot at the nation’s no. 1 educational and networking event of the year? Read on for an exciting event offer that has already attracted hundreds of title agents, underwriters, mortgagers, technology companies and settlement services professionals nationwide.

Manhattan DA charges bank, employees of conspiring in scheme worth hundreds of millions of dollars
Posted Date: Monday, June 04, 2012
The Manhattan District Attorney’s Office has indicted a bank and 19 individuals in a mortgage fraud scheme that resulted in the sale of hundreds of millions of dollars’ worth of fraudulent loans. Read on for the details.

Conn. General Assembly passes recording legislation
Posted Date: Monday, June 04, 2012
The Connecticut General Assembly passed a bill that changes the fees town clerks may charge for copies of documents as well as a few other revisions. Read on for more details.

NFIP extension gets president’s signature
Posted Date: Monday, June 04, 2012
The National Flood Insurance Program appears to have been saved, as a bill to extend the program for two months while Congress works on a long-term solution was sent to the president.

Unlicensed title agent ordered to stop
Posted Date: Wednesday, May 30, 2012
The Michigan Office of Financial and Insurance Regulation ordered a Southfield, Mich., title agency to stop issuing title insurance in the state after discovering the agency was operating without a license. Read on for more details.

Governor signs manufactured housing bill
Posted Date: Wednesday, May 30, 2012
Maryland Gov. Martin O’Malley has signed a bill that establishes procedures for affixing manufactured homes to real property and severing the manufactured home from the property. Read on for the details.

Closing protection study issued by Maryland General Assembly
Posted Date: Wednesday, May 30, 2012
With the governor’s signature on legislation ordering a study on the topic, the Maryland Insurance Administration will now get to work examining closing protection practices in the state. Read on for more details.

R.I., Mass. attorney admits Ponzi scheme
Posted Date: Wednesday, May 30, 2012
A former Rhode Island and Massachusetts attorney pled guilty to operating a Ponzi scheme in the area. Read on for more details.

Court argues against First Tennessee’s damages in a mortgage misunderstanding
Posted Date: Wednesday, May 30, 2012
A division of First Tennessee Bank loaned money to an individual under the assumption the company was secured by a second mortgage. First Tennessee soon realized, however, that Countrywide Home Loans had obtained a superior lien, making First Tennessee a third mortgage. Countrywide Home Loans began a foreclosure proceeding, causing First Tennessee Bank to fight for indemnification. Read on to find out if First Tennessee has the right for compensation from its title insurance company.

Supreme Court ends split on RESPA Section 8(b)
Posted Date: Friday, May 25, 2012
On May 24, the U.S. Supreme Court ended a split between the U.S. Circuit Courts of Appeal over whether RESPA Section 8(b) prohibits a real estate settlement service provider from charging an unearned fee if the fee is not split between at least two parties. Read on for more from the decision.

Alabama governor signs first title agent licensing legislation
Posted Date: Friday, May 25, 2012
Alabama Gov. Robert Bentley signed a bill that would require title agents working in Alabama to be licensed for the first time. The bill puts forth many requirements for those wishing to work in the state, including a requirement that the agent have a physical location in the state. Read on for more details.

First American argues arbitration against homeowners
Posted Date: Friday, May 25, 2012
First American Title Insurance Company sought to compel arbitration after homeowners claimed First American overcharged them for the title insurance policies they obtained as a condition of refinancing their mortgages. Read on to find out what First American argued before the United States District Court for the District of New Jersey.

Senate agreement prevents NFIP shutdown
Posted Date: Friday, May 25, 2012
Not a moment too late, the U.S. Senate passed a 60 day extension of the National Flood Insurance Program (NFIP) by unanimous consent, preventing a shut-down of the program on May 31. The extension was part of an agreement to look at a long-term reform bill. Read on for more details.

Title company owner, co-conspirators plead guilty to selling property to dead man
Posted Date: Friday, May 25, 2012
New Jersey Attorney General announced that five people, including a title company owner and her employee, pled guilty to participating in a scheme to purchase a home in Newark in the name of a man who was deceased. Read on for the details.

'Produce the note' argument fails to sway Arizona Supreme Court
Posted Date: Friday, May 25, 2012
An Arizona homeowner failed to persuade the Arizona Supreme Court that a trustee must hold the promissory note before foreclosing on a deed of trust. The court affirmed the decision of both the trial court and the appellate court in making its decision on this case of first impression in the state. Read on for more details.
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