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Did you see that coming?
Posted Date: Monday, February 4, 2013
For all the unique and crazy things I’ve seen happen since becoming editor of The Legal Description, one thing I never would have predicted or expected was Richard Cordray’s appointment as director of the CFPB being overturned. But indeed, his appointment is now in jeopardy, raising questions about the legitimacy of everything that has come out of the CFPB over the past 12 months.
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AfBA partners take a hard look at QM, points and fees requirements
Posted Date: Monday, January 28, 2013
When the Consumer Financial Protection Bureau released its ability-to-repay rule, everyone involved in the real estate finance industry poured through it. They didn’t find a lot to complain about, but one thing stuck out to all those involved in affiliated business arrangements — the fees of creditors’ affiliates were included in the points and fees threshold, something they had pushed hard to exclude from this provision. Now that this reality is setting in, industry experts are figuring out what this means for affiliated business arrangements. Af
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No loss, no claim says Arizona court
Posted Date: Wednesday, January 23, 2013
After discovering the partners of the company it purchased property from were not authorized to sell the property, a developer in Arizona submitted a claim to its title company. Despite accepting the claim and rectifying the situation, the developer sued the title company for breach of contract and bad faith. Read on to find out why the Court of Appeals of Arizona, Division 1 affirmed summary judgment in favor of the title company.
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NAIC names new CEO
Posted Date: Wednesday, January 23, 2013
The National Association of Insurance Commissioners has found a permanent replacement for former Chief Executive Officer, Dr. Therese Vaughan. Her replacement has experience in the insurance industry, as a state regulator and as a state senator. Read on for more details.
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Find out what the ability-to-repay rule means for you
Posted Date: Wednesday, January 23, 2013
The Consumer Financial Protection Bureau’s ability-to-repay final rule, which will have a significant impact on the entire mortgage, real estate and settlement services industry, was released on Jan. 10. To help navigate the new rule and what it means for your business, Dodd Frank Update and sponsor North American Title Insurance Co. are hosting a 90-minute training webinar on the important pieces of the new rule and best practices for compliance. Read on for more details.
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Florida considers changes to conveyance statutes
Posted Date: Wednesday, January 23, 2013
The Florida legislature is considering a bill that would make two changes to its conveyancing statutes. First, it would eliminate the requirement that a warranty deed include a blank space for social security numbers. Second, it would provide that government liens are valid against creditors and purchasers. Read on for the details.
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Ohio couple pleads guilty to $7M mortgage fraud scheme
Posted Date: Wednesday, January 23, 2013
Days after their trial started, an Ohio title agency operator and her husband pleaded guilty to their roles in a $7 million mortgage fraud scheme they carried out for four years. Read on for more details.
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Does attorney-client privilege exist between insurer, attorney hired for insured?
Posted Date: Wednesday, January 23, 2013
Does attorney-client privilege exist between a title insurer and the attorney it hired to prosecute a case for its insured? That is the question before the Court of Appeal of California, 4th Appellate District after the trial court denied an insured bank’s motion to quash information requested in a subpoena sent to its title insurer regarding communications between the insurer and the attorney. Read on to find out how the court answered that question.
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Case against MERS hinges on duty to record
Posted Date: Monday, January 21, 2013
A Missouri county sued Mortgage Electronic Registration Systems Inc. and others for its failure to record assignments of deeds and pay the applicable recording fees. MERS moved to dismiss the case, arguing that Missouri recording statutes create duty to record assignments of deeds. The U.S. District Court for the Western District of Missouri’s opinion ultimately hinged on whether this argument was true. Read on for details.
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Michigan insurance and financial services under new regulatory umbrella
Posted Date: Monday, January 21, 2013
Michigan Gov. Rick Snyder issued an executive order establishing the Department of Insurance and Financial Services, removing it from the purview of the Office of Financial and Insurance Regulation in the Department of Licensing and Regulatory Affairs. The goal is to provide a focal point of consumer protection, efficient regulation and spur insurance and financial services sector growth. Read on for details.
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Maryland title agent sentenced for wire fraud
Posted Date: Monday, January 21, 2013
The co-owner of title agencies in Columbia, Md., was sentenced to time in prison and ordered to pay restitution for committing wire fraud in connection with a scheme to use $1.5 million in mortgage closing funds for her personal use and to operate her title companies. Read on for more details.
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Colorado annual report shows title market stabilizing
Posted Date: Wednesday, January 16, 2013
The Colorado Division of Insurance released its annual report on the title insurance industry, which showed that while the title insurance market was still somewhat volatile, it continues to stabilize. Read on for more details.
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Dispute over coverage hinges on date of mechanics lien filing, payment of funds
Posted Date: Wednesday, January 16, 2013
A mortgage company filed suit over a dispute with its title insurer concerning the scope of coverage provided by a construction title insurance policy. The company believed it was covered by the policy because the mechanics liens at issue were filed before the insurer’s last date-down endorsement. The insurer disagreed. Read on to find out what the U.S. District Court for the Western District of Wisconsin had to say when the case went before it.
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Quandis, ResWare integrate with federal court database
Posted Date: Wednesday, January 16, 2013
Quandis Inc. and Adeptive Software announced that they have integrated Quandis’ interface to the government’s Public Access to Court Electronic Records data base for bankruptcy searches. Read on for more details about the integration.
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NAILTA white paper advocates premium-to-surplus ratio rule to help prevent escrow theft
Posted Date: Wednesday, January 16, 2013
The National Association of Independent Land Title Agents has released a white paper advocating the use of a premium-to-surplus ratio rule to help prevent escrow theft. The white paper was written in light of the National Association of Insurance Commissioners’ efforts to draft a white paper to give regulators and insurers tools to combat and prevent escrow theft. Read on for more about the NAILTA’s proposal.
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Appellate court tells lower court to address issues in fraud case
Posted Date: Monday, January 14, 2013
After discovering that their construction company had defrauded them, a couple went after the construction company and their title agency, alleging the title agent breached its fiduciary duty, aided and abetted conversion and aided and abetted a breach of fiduciary duty. The case eventually went before the Court of Appeals of Michigan on the title agency’s appeal of a lower court decision confirming the arbitration award to the couple and a final order dismissing the case. Read on for the court’s decision.
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N.J. attorney arrested for $30M mortgage fraud
Posted Date: Monday, January 14, 2013
A former New Jersey attorney was arrested in connection with a long-running mortgage fraud scheme which caused losses of more than $30 million. Read on for more details.
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Ind. title agents may release mortgages
Posted Date: Monday, January 14, 2013
The Indiana General Assembly is considering a bill that would permit Indiana title agents to record certificates of release in real property records of mortgages and other real estate documents under certain circumstances. Read on for the details.
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Six indicted for $4.5M scheme
Posted Date: Monday, January 14, 2013
Six Marylanders, including a title agent whose license had been revoked, were indicted for their alleged roles in a $4.5 million mortgage fraud scheme. Read on for more details.
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