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November 13, 2023

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November 13, 2023
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New York AG, title insurer reach $4.5 million no-poach settlement
Posted Date: Monday, October 30, 2023
New York Attorney General Letitia James entered an agreement with First American Financial Corp. to end the insurer’s no-poach agreements. James has now secured a total of $13.75 million from title insurers for illegal no-poach agreements.

President Biden issues executive order to ensure safe, secure AI
Posted Date: Wednesday, November 1, 2023
President Joe Biden issued an executive order establishing new standards for artificial intelligence safety and security aimed at protecting Americans’ privacy, advancing equity and civil rights, and promoting innovation and competition.

FinCEN renews, expands GTOs
Posted Date: Monday, October 23, 2023
The Financial Crimes Enforcement Network has renewed and expanded its Geographical Targeting Orders requiring U.S. title insurance companies to identify the natural persons behind companies used in non-financed purchases of residential real estate.

Does expired redemption period eliminate standing to challenge foreclosure for fraud?
Posted Date: Wednesday, August 23, 2023
A mortgagor filed suit to challenge the foreclosure and subsequent sale of his property. After the trial court issued its opinion, he appealed, challenging the court’s conclusion that he lacked standing to bring his claims after the redemption period expired. The Michigan Court of Appeals heard the case.

Plaintiff adds title insurer to try-title suit
Posted Date: Monday, August 21, 2023
A man filed a suit to try title to property in Harris County, Texas, against an alleged owner of the property. He alleged the deed that purported to give title to the seller was a forgery, and therefore the deed to the alleged owner did not convey good title. He filed a third-party complaint against the title company that conducted the owner’s transaction, alleging negligence.

CISA, NSA, FBI issues phishing guidance
Posted Date: Monday, October 23, 2023
The Cybersecurity and Infrastructure Security Agency, National Security Agency , Federal Bureau of Investigation and Multi-State Information Sharing and Analysis Center issued new guidance: Phishing Guidance: Stopping the Attack Cycle at Phase One.

Oklahoma foreign ownership legislation now in effect
Posted Date: Wednesday, November 1, 2023
A bill amending Oklahoma’s law on foreign ownership went into effect Nov. 1.

FTC requires non-banking financial institutions to report data breaches
Posted Date: Wednesday, November 1, 2023
The Federal Trade Commission has approved an amendment to the Safeguards Rule that would require non-banking institutions to report certain data breaches and other security events to the agency.

Michigan AG issues opinion on local government assessments under PACE
Posted Date: Wednesday, November 1, 2023
Michigan Attorney General Dana Nessel issued a formal opinion concluding that contractual assessments imposed by local governments under the Property Assessed Clean Energy (PACE) Act are considered special assessments by local government and treated in a similar manner as the real estate taxes on the property.

New Hampshire Insurance Department names deputy insurance commissioner
Posted Date: Wednesday, November 1, 2023
The New Hampshire Insurance Department (NHID) promoted Keith Nyhan to the deputy commissioner of the department.

Supreme Court of Washington reviews attorney fees award after slander of title claim dismissed
Posted Date: Wednesday, October 25, 2023
The Supreme Court of Washington recently heard a case where the owner of property sued the lender that wrongly foreclosed on the property. The owner prevailed at trial court on both quiet title and damages for slander of title and the trial court awarded substantial fees based on the slander of title claim. The appellate court reversed the slander of title claim but awarded fees to the owner on a new theory before the case was reviewed by the highest court of the state.

Michigan introduces right-to-list home sale agreement legislation
Posted Date: Wednesday, October 25, 2023
The Michigan Legislature introduced legislation making certain right-to-list sale agreements void and unenforceable.

New Mexico Office of Superintendent of Insurance reports data security incident
Posted Date: Wednesday, October 25, 2023
The New Mexico Office of the Superintendent of Insurance announced in a notice on its website that it is investigating and remediating a data security incident.

Court stays case pending decision in related cases
Posted Date: Wednesday, October 25, 2023
A couple, as themselves and as trustees of a trust, filed suit against a title insurer for the purported wrongful foreclosure on their property. Two related cases are also making their way through the court system and the court ruled it was necessary to stay this case pending appeal in the others.

NAIC Title Insurance Task Force proposes 2024 charges
Posted Date: Wednesday, October 25, 2023
The National Association of Insurance Commissioners’ Title Insurance Task Force proposed its charges for next year.

11th Circuit hears dispute over coverage of building requirement
Posted Date: Monday, October 23, 2023
When a trust purchased property from a developer, the purchase and sales agreement required it to develop the lot within two years or the developer would have the right to repurchase the lot. The trust failed to do so and eventually settled with the developer, seeking coverage from its title insurer. The insurer declined coverage of the losses and the trust sued.

California adopts climate reporting bills
Posted Date: Monday, October 23, 2023
California Gov. Gavin Newsom signed two bills that will require covered entities to report on climate-related issues.

Buyer sues seller for canceling sale for failure to obtain title insurance
Posted Date: Monday, October 23, 2023
After a seller was unsuccessful in obtaining title insurance as required under the sales contract, it returned the buyer’s earnest money and canceled the contract. The buyer filed suit, seeking performance of the contract.
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