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February 27, 2012

The Legal Description Edition
February 27, 2012
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While the title industry is doing its part to ensure that marketable titles are being passed to third-party purchasers of foreclosed properties, states are attempting to change the game to protect the foreclosed-upon homeowners. Courts in several jurisdictions have made decisions that put third-party purchasers’ rights into question. Now state legislatures are also getting into arena, making changes that could make more work for title companies when they insure properties with a foreclosure in the chain of title. In this edition, we also give you the inside scoop on the $25 billion settlement between the nation’s largest mortgage servicers and 49 state attorney generals.


Effects of robo-signing, foreclosure crisis discoveries continue
Posted Date: Monday, February 27, 2012
Nevada Attorney General Catherine Masto’s sued against Lender Processing Services Inc. (LPS) for its alleged involvement in illegal robo-signing activities, as well as LPS’ move to dismiss the case, began a shockwave of activity addressing robo-signing and other foreclosure-related issues.

Industry watches as states attempt to fix foreclosure issues
Posted Date: Monday, February 27, 2012
Faced with constituents who are losing their homes to foreclosure and districts where property values are declining due to abandoned properties, state legislatures have tried their hand at addressing the problems caused by the foreclosure crisis. This year, an influx of bills have been introduced that, if passed, could greatly impact the foreclosure process in different states and cause the title industry to take additional steps to ensure that the properties they are insuring are free and clear of title defects.

CFPB drafts monthly mortgage disclosure prototype
Posted Date: Wednesday, February 15, 2012
As required by the Dodd Frank Wall Street Reform and Consumer Protection Act, The Consumer Financial Protection Bureau is working to craft a model mortgage statement that will be given to borrowers every billing cycle. Read on for more details.

Fla. title company owner charged for wire fraud
Posted Date: Wednesday, February 15, 2012
The owner of a title company in Oakland Park, Fla. was indicted for her alleged role in a multi-million dollar mortgage fraud scheme. Read on for more details.

Illinois could change recording requirements
Posted Date: Wednesday, February 15, 2012
The Illinois General Assembly is considering a bill that would amend the state’s Conveyancing Act. Read on to find out how it plans to change the law.

Fed, OCC extend deadline for foreclosure review
Posted Date: Wednesday, February 15, 2012
Homeowners seeking a review of their mortgage foreclosure under the Federal banking agencies’ Independent Foreclosure Review now have more time to submit their requests. Read on to find out more about the program and the reason for the extension.

Land title associations request protection for third-party buyers in Florida
Posted Date: Wednesday, February 15, 2012
The American Land Title Association and Florida Land Title Association submitted an amicus brief to the Supreme Court of Florida in a foreclosure case, requesting the court clarify the protections third-party buyers of foreclosed property have from being impaired by an attack on the foreclosure proceeding. Read on to find out more.

Washington could amend escrow licensing law
Posted Date: Wednesday, February 15, 2012
The legislature of Washington state could be amending its escrow licensing law, adding to the definition of escrow as well as exempting licensees from the Consumer Loan Act. Read on for more details.

Senators urge floor vote on flood insurance bill
Posted Date: Wednesday, February 15, 2012
U.S. Sens. David Vitter, R-La., and Jon Tester, D-Mont., along with a bipartisan coalition of 41 senators, sent a letter to senate leadership urging to bring legislation to fully extend the National Flood Insurance Program (NFIP) to the floor for debate and passage. Read on to find out more about the bill and the senators’ efforts.

Interthinx report shows increase in property valuation fraud
Posted Date: Wednesday, February 15, 2012
In its Mortgage Fraud Risk Report for the fourth quarter of 2011, Interthinx found an increase in the property valuation fraud risk index following a period of decline and stability in valuation-related fraud. Read on to find out more about this and other findings from the report.

Mortgage fraud from a litigator’s point of view
Posted Date: Monday, February 13, 2012
We’ve heard the stats about mortgage fraud, which continues to be a troubling topic for all those involved in the real estate market. But what can a title agent do to protect himself, his company, his underwriter, the borrower and lender from being victims or unsuspecting co-conspirators in these crimes? A litigator who defends these cases for some key members of the industry shared his tips with The Legal Description.

Maryland considers requiring closing protection
Posted Date: Monday, February 13, 2012
The General Assembly of Maryland is considering a bill that would provide closing protection to borrowers, sellers, lenders and buyers who are party to a real estate transactions. Read on to learn more about the proposed coverage and how the legislature expects title insurers to cover closing claims.

Old Republic gets hit with RESPA class action
Posted Date: Monday, February 13, 2012
A potentially large RESPA class action was filed against Old Republic International Corp. and its title insurance subsidiaries. The complaint alleges that Old Republic paid kickbacks to real estate agents in exchange for referral of settlement service business. Read on to find out more about the suit.

NNA offers notary management training in light of robo-signing settlement
Posted Date: Monday, February 13, 2012
The National Notary Association is offering notary management training for those companies now required to implement programs to ensure, among other things, that notary laws are being complied with after a settlement was reached between 49 state attorneys general and the nations’ largest mortgage servicers. Read on for more details.

N.J. closing attorney admits to preparing false settlement statements
Posted Date: Monday, February 13, 2012
A Bergen County, N.J., lawyer admitted to participating in a mortgage fraud scheme that caused lenders to release approximately $400,000 based on fraudulent mortgage loan applications. Read on to find out more about the scheme.

Title agents could have modified registration requirements
Posted Date: Monday, February 13, 2012
Title agents in one state may have additional registration requirements, including submitting an affidavit affirming that the applicant has never been convicted of a crime of theft or dishonesty. Read on to find out more.

Breaking News: Servicers, states reach mortgage servicing settlement
Posted Date: Thursday, February 9, 2012
Iowa Attorney General Tom Miller was joined by U.S. Attorney General Eric Holder, Housing and Urban Development Secretary Shaun Donovan and others in announcing one of the largest federal-state civil settlements ever obtained. The settlement, reached with the country’s largest mortgage servicers will address mortgage loan servicing and foreclosure abuses that came to light in 2010. Read on for details of the settlement.

New Mexico considers moving insurance oversight authority
Posted Date: Wednesday, February 8, 2012
The New Mexico legislature is considering a proposal to amend Article II of the state constitution to place the regulation of insurance companies into the hands of an elected superintendent of insurance. Read on to find out more about the proposal.

How much will it cost to develop new closing forms?
Posted Date: Wednesday, February 8, 2012
Having just adopted new Good Faith Estimate and HUD-1 Settlement Statement forms, and making the necessary upgrades to software, the settlement services industry is on the cusp of another major forms change, this time to a combined mortgage disclosure. How much will these changes cost and how long will it take software providers to develop this software? The American Land Title Association recently submitted a letter to the CFPB with insight from two software providers. Read on to find out what they had to share.

Missouri becomes third to make robo-signing allegations
Posted Date: Wednesday, February 8, 2012
Missouri Attorney General Chris Koster follows attorneys general in Nevada and Illinois in making allegations against LPS subsidiary DOCX, announcing that a 136-count indictment has been handed down against the company and its founder. Read on for more details.

Homeowner sues title company for unlawful foreclosure
Posted Date: Wednesday, February 8, 2012
An Oregon homeowner sued a title company and other parties to the foreclosure on her home, alleging that the non-judicial foreclosure proceeding was unlawful. Read on to find out more about the case and find out what the court had to say when the defendants moved to dismiss the complaint.

Md. title company owner sentenced for $2.8M scheme
Posted Date: Wednesday, February 8, 2012
A man in Maryland who owned or controlled several title agencies was sentenced to time in prison for his role in a scheme to defraud lenders and his underwriter of more than $2.8 million. Read on for more details.

Ill. considers adding exception to good funds prohibition
Posted Date: Wednesday, February 8, 2012
The Illinois General Assembly is considering a bill that would add an exception to the prohibition against a title insurance company making disbursement in connection with any escrows, settlements or closings out of a fiduciary trust account. Read on to find out more about the exemption.

New York AG sues big banks for using MERS
Posted Date: Monday, February 6, 2012
New York Attorney General Eric Schneiderman filed a lawsuit against the nation’s largest banks, alleging deceptive and fraudulent use of the electronic mortgage registry MERS. Read on for details of the suit and to find out who was charged.

New Mexico Division of Insurance investigates abrupt agency closing
Posted Date: Monday, February 6, 2012
The New Mexico Division of Insurance announced it was investigating the closing of a Farmington, N.M.-based title company, which closed unexpectedly, leaving customers without access to their accounts. Read on for the details.

Ill. attorney general files robo-signing suit
Posted Date: Monday, February 6, 2012
Illinois Attorney General Lisa Madigan filed suit against Nationwide Title Clearing for allegedly filing faulty documents with Illinois county recorders, contributing to the robo-signing crisis discovered in October 2010. Read on for more details of the suit.

Georgia considers change to definition of practice of law, foreclosure law
Posted Date: Monday, February 6, 2012
The General Assembly of Georgia is considering a bill that, if passed, would revise the definition of the practice of law and require a waiver of borrower’s rights for sales on property that includes the possibility of nonjudicial power of sale upon foreclosure. Read on to find out more about these and the other provisions of the bill.

Ariz. may allow homeowners to stay foreclosure sales
Posted Date: Monday, February 6, 2012
Under a bill being considered in Arizona, homeowners would be able to submit affidavits for temporary stays of trustee’s sales. Read on to find out more about the bill.

Insured transfers property, expects coverage for restrictive easement claim
Posted Date: Monday, February 6, 2012
A company that owned unimproved land in Florence Ariz. discovered a restrictive easement on its property after transferring the property to its wholly owned limited liability company and filed a claim with its title company to cover its loss. When the title company denied its claim, the insured sued. Find out what the 9th U.S. Circuit Court of Appeals had to say about the case when it went before the court on appeal.
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