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New York Governor signs RON legislation
Posted Date: Sunday, December 26, 2021
New York Gov. Kathy Hochel signed legislation allowing notaries to perform remote notarizations for paper and electronic documents.
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Former condominium owner questions lower court ruling after remand
Posted Date: Wednesday, January 12, 2022
After a foreclosure and sale of a condominium unit, the former owner appealed after the circuit court, on remand from the Court of Appeals of Michigan, entered an order affirming the district court’s order denying the former owner’s motion for relief from judgment and dismissing his third amended complaint, which raised claims against the purchaser at the foreclosure sale as well as subsequent third-party purchasers.
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Utah considers Uniform Easement Relocation Act
Posted Date: Wednesday, January 12, 2022
The Utah State Legislature is considering legislation to adopt the Uniform Easement Relocation Act, which would establish the rights and procedures for relocating an easement on property in the state.
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Former purchaser seeks quiet title after trustee’s sale
Posted Date: Wednesday, January 12, 2022
After purchasing property in Mohave County, Ariz., the purchaser’s title company provided the lienholder with funds to release its lien. The lienholder failed to release its lien and the lien was eventually assigned to a third party. The assignee then conducted a trustee’s sale and was the accepted bidder. After discovering she no longer owned the property, the purchaser filed suit.
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FinCEN, FDIC start tech sprint
Posted Date: Wednesday, January 12, 2022
The Financial Crimes Enforcement Network and the Federal Deposit Insurance Corp. launched a Tech Sprint to develop solutions for financial institutions and regulators to help measure the effectiveness of digital identity proofing.
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Commercial real estate associations comment on small business loan reporting rule
Posted Date: Wednesday, January 12, 2022
The American Land Title Association, Mortgage Bankers Association, The Real Estate Roundtable, CRE Finance Council, National Apartment Association and National Multifamily Housing Council wrote a letter to the Consumer Financial Protection Bureau commenting on its proposed small business loan reporting rule.
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Arizona considers exemption to lien fees
Posted Date: Wednesday, January 12, 2022
The Arizona Legislature is considering legislation that would prohibit county recorders from charging a fee to record or release a restitution lien.
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Buyer, sellers dispute arbitration order
Posted Date: Monday, January 10, 2022
After initially agreeing to sell an office building, one of the brothers that owned it had reservations about selling and refused to provide the buyer with an extension to the financing contingency. The parties disputed whether, despite the seller’s rejection of the request, the agreement was still valid and in effect. The buyer sued and the parties entered an arbitration agreement, which the lower court confirmed. The seller appealed the arbitration award.
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Missouri Legislature considers shield law
Posted Date: Monday, January 10, 2022
The Missouri Legislature is considering legislation that would enact provisions relating to confidentiality of residential addresses of law enforcement officers and judges.
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Sellers argue certification fee unlawful
Posted Date: Monday, January 10, 2022
When selling their property in a homeowners association (HOA), a couple received a statement certifying they were current on their HOA dues. The HOA also notified them they owed the management company a certification fee. The couple filed suit, arguing the certification fee was an unlawful transfer fee under state law.
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Indiana considers insurance legislation
Posted Date: Monday, January 10, 2022
The Indiana General Assembly is considering legislation that would, among other things, require title insurance producers to complete seven hours of continuing education in a combination of specific subjects.
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New Mexico county hit with ransomware
Posted Date: Monday, January 10, 2022
On Jan. 5, Bernalillo County, N.M., was hit with a ransomware attack. The county continues to assess and recover from the attack.
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Heir, mortgage servicer dispute title to property
Posted Date: Wednesday, January 5, 2022
After the owner of property in Mississippi died, the servicer of his reverse mortgage sought to foreclose on the property. His daughter and only heir argued she had an interest in the property under a warranty deed the man signed, but his then-wife did not. The servicer filed an action in Mississippi state court, arguing the warranty deed was void because of the lack of the wife’s signature. The case eventually went before the Supreme Court of Mississippi.
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Parties dispute enforcement of settlement agreement
Posted Date: Wednesday, January 5, 2022
A man obtained judgment liens against a couple on property the wife owned in Indianapolis, Ind. The couple refinanced their mortgage and did not make any payment on the judgments against them. The man filed suit against the couple and its lender, who argued its lien had priority over the judgment liens. All the parties entered into settlement talks and eventually an agreement, which the man refused to sign. The case eventually went before the Court of Appeals of Indiana.
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Wyoming adopts RON regulations
Posted Date: Wednesday, January 5, 2022
The Wyoming Secretary of State adopted rules to implement the Wyoming Revised Uniform Law on Notarial Acts, which was adopted into law earlier in 2021. Among other things, the rule provides standards for remote notarizations.
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Indiana considering electronic public foreclosure auctions
Posted Date: Wednesday, January 5, 2022
The Indiana General Assembly is considering a bill that would allow sheriffs to conduct public auctions electronically. The bill also would raise the amount a sheriff can charge for administrative fees.
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Real estate agent sentenced for real estate investment schemes
Posted Date: Wednesday, January 5, 2022
A San Diego real estate agent was sentenced to time in prison for defrauding investors in several Ponzi real estate investment schemes. As part of his guilty plea, the agent also admitted to participating in multiple tax evasion and fraud schemes.
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Title insurer seeks nondischargeability of fraud settlement
Posted Date: Monday, January 3, 2022
A title insurer filed a dischargeability action against a man in his bankruptcy case, arguing the settlement funds it was owed in a state court action were nondischargeable. The man had been sued for fraudulent actions against the title insurer’s predecessor-in-interest.
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NAIC task force adopts 2022 charges
Posted Date: Monday, January 3, 2022
The National Association of Insurance Commissioners Title Insurance Task Force adopted its 2022 charges.
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