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June 24, 2013

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June 24, 2013
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Multi-state agents, vendor management companies and underwriters who desire to grow marketshare and expand their reach have tried for years to navigate through the complicated process in states where attorneys are required to oversee all real estate deals, with varied levels of success. What sets the successful entities apart is understanding the laws and regulations governing the process in each state. During the National Settlement Services Summit, attorneys from several of these states took the stage to explain the situations in their states. The Legal Description was there to give you the inside scoop. This edition contains several can’t miss insights from the conference, such as why and how to establish a data security plan and why it’s important to speak out to the Consumer Protection Bureau about any lender liability concerns you may have. It also includes stories regarding Oregon’s major decision on MERS’ role in foreclosure and the latest fraud risk analysis.



Compliance tips buzz around NS3
Posted Date: Monday, June 24, 2013
During the National Settlement Services Summit, there was much to say about change and, more to the point, compliance.

What you need to know about attorney states
Posted Date: Monday, June 24, 2013
Multi-state agents, vendor management companies and underwriters who desire to grow marketshare and expand their reach have tried for years to navigate through the complicated process in states where attorneys are required to oversee all real estate deals. Some have found successful ways to work with attorneys, lenders, buyers, sellers, Realtors, etc., to do business, stay compliant and protect the consumers in the transaction. Others have not been so successful and these incidents have led to significant court cases, increased regulations, and scrutiny from state bars and state supreme courts. What sets the successful entities apart? Understanding the laws and regulations governing real estate conveyancing in each state they wish to do business. During the National Settlement Services Summit, attorneys from four attorney states — Georgia, Massachusetts, North Carolina and South Carolina — spoke about the laws and regulations governing transactions in their states, as well as a snapshot of what is happening now.

Why and how you should establish a data security plan today
Posted Date: Monday, June 24, 2013
There is a growing concern within the settlement services industry about the heightened demand for robust protection protocols around the handling of sensitive consumer data. However, crafting and implementing a data security plan can seem daunting. Many laws intersect to regulate the industry on this issue. There are also so many steps that could be taken and things to think about that it can be hard to know how to get started…at least without a multi-million dollar budget. During a session at the National Settlement Services Summit on June 12, Paul Schwartz, a law professor at Berkeley Law School and director of the Berkeley Center for Law and Technology broke down the laws and provided a step by step plan to get companies started on their data security plan.

Despite nuances, laws and regulations in attorney states governed by one philosophy
Posted Date: Monday, June 24, 2013
During the National Settlement Services Summit, attorneys from four attorney states — Georgia, Massachusetts, North Carolina and South Carolina — spoke about the laws and regulations governing transactions in their states, as well as a snapshot of what is happening now. Despite nuances in how real estate conveyances were governed in these states, they each had one central philosophy. Read on to find out what that philosophy is.

‘Make A Child Smile’ charity event donates bikes to local area children
Posted Date: Thursday, June 13, 2013
The National Settlement Services Summit isn’t just about title industry support and improvement. It’s also about community improvement. And that’s no more evident than at the Make a Child Smile: Charity Bicycle Building Event sponsored by Winward Consulting | Software LLC. At this year's Summit, volunteers spent an afternoon with the October Research staff assembling bicycles that will be donated to a northeast Ohio organization named Guidestone.

Work together, speak out on lender liability issues
Posted Date: Thursday, June 13, 2013
Work together and speak up about concerns you may have about how the Consumer Financial Protection Bureau will enforce its requirement that lenders oversee all of their vendors. These were two of the main take aways from a session on lender liability at the National Settlement Services Summit on June 11. The group also discussed how agents could start working with lenders now, despite the lack of clarity from the CFPB at this point.

Good funds amendments pass Illinois General Assembly
Posted Date: Thursday, June 13, 2013
A bill that would amend the Title Insurance Act to allow title companies, title agencies and independent escrowees to receive funds in the aggregate amount of $50,000 or more from one party to a real estate passed both houses of the Illinois General Assembly. Read on for more details.

Implementation timeline, costs drive mortgage disclosure debate
Posted Date: Thursday, June 13, 2013
Title industry participants continue to speak out about the Consumer Financial Protection Bureau’s effort to combine the mortgage disclosures required under the Truth in Lending Act and the Real Estate Settlement Procedures Act. Attendees at the 2013 National Settlement Services Summit in Cleveland had the opportunity to share some of their biggest concerns with a top CFPB rule maker. Read on to learn about the debate.

Nevada revises reconveyance procedures for property held by investors
Posted Date: Thursday, June 13, 2013
The Nevada legislature adopted a bill that revises statutory provisions governing the reconveyance procedures for property that is held by investors. Read on for more details.

Fraud report shows occupancy fraud risk increased
Posted Date: Thursday, June 13, 2013
In its latest quarterly Mortgage Fraud Risk Report, Interthinx showed that occupancy fraud risk nationwide increased 15 percent since the same quarter 2012. Read on for more details.

Attorney sentenced for conspiring to commit straw borrower fraud
Posted Date: Thursday, June 13, 2013
A Tennessee attorney was sentenced to four years in connection with a conspiracy that used straw buyers and made materially false representations to banks regarding the straw buyers’ sources of funds. Read on for more details.

The ‘year of implementation’ and the one thing that will pull us out of the recession
Posted Date: Tuesday, June 11, 2013
Positivity permeated the grand ballroom of Cleveland’s Marriott at Key Center hotel as Bill Cosgrove, vice chairman of the Mortgage Bankers Association (MBA) and the chief executive officer of Union Home Mortgage Corp, kicked off the 2013 National Settlement Services Summit. As the housing market continues to improve, it’s becoming a key component to pulling the country out of the recession. While housing numbers are encouraging, Cosgrove cautioned that we need to ensure we have the proper mortgage industry structure in place as we continue through the “year of implementation.”

October Research announces industry award winners
Posted Date: Tuesday, June 11, 2013
October Research, LLC, publisher of The Title Report, The Legal Description, Valuation Review, RESPA News and Dodd Frank Update, today announced the winners in its annual awards program, launched to honor men and women in the mortgage and settlement services industries for exemplary accomplishment in the areas of leadership, innovation and philanthropy.

Attorneys among those indicted for mortgage fraud in Chicago
Posted Date: Monday, June 10, 2013
Two Chicago area attorneys were among the defendants indicted in two mortgage fraud cases totaling approximately $5 million in fraudulently obtained mortgages in several Chicago neighborhoods. Read on for more details.

N.C. considering alternative mortgage satisfaction procedure, Notary Act changes
Posted Date: Monday, June 10, 2013
The North Carolina General Assembly is considering a bill that would establish an alternative mortgage satisfaction procedure as well as changes to the state’s Notary Public Act. Read on for more details.

Oregon Supreme Court rules on MERS’ role in mortgage, foreclosure process
Posted Date: Monday, June 10, 2013
The Oregon Supreme Court handed down two opinions on June 6 regarding Mortgage Electronic Registration Systems Inc.’s role as a beneficiary to a deed of trust and its ability to initiate a foreclosure process. Read on to find out what the court had to say on the matter.

Nevada homeowners may require servicers to ‘show the note’
Posted Date: Monday, June 10, 2013
The Nevada General Assembly has approved a bill that will allow homeowners to request that the servicer of the mortgage provide a certified copy of the note, mortgage and all assignments of the note and mortgage. Read on for more details.

Nebraska banking department warns of fraudulent escrow company
Posted Date: Thursday, June 6, 2013
The Nebraska Department of Banking and Finance is warning Nebraska residents about an internet-based escrow company. The department said the company is holding itself out as doing business under a trade name for a legitimate money transmitter. Read on for more details.

Oregon insurance commissioner leaves for reform post overseas
Posted Date: Thursday, June 6, 2013
Oregon Insurance Commissioner Lou Savage announced he is leaving the division to work on legal reform in emerging democracies overseas. Read on to find out more and learn about his replacement.

Conn. attorney sentenced for mortgage fraud role
Posted Date: Thursday, June 6, 2013
A Wilton, Conn., real estate attorney was sentenced to 30 months in prison for his role in a mortgage fraud scheme in which he purchased, developed and sold properties by defrauding banks and mortgage lenders. Read on for more details.

Florida court says underwriter not responsible for reasonable search, affirms reissue rate ruling
Posted Date: Thursday, June 6, 2013
A Florida appellate court affirmed summary judgment in favor of a title insurer who was sued for allegedly not providing homeowners in refinance transactions with the promulgated reissue rate ruling. The homeowners had alleged that it was the title underwriter and issuing agent’s responsibility to do a reasonable search to determine whether there was a prior policy on the property. Read on to find out what the Third District Court of Appeals of Florida had to say on the matter.

Eleven plead guilty to altering real estate settlements
Posted Date: Monday, June 3, 2013
The U.S. attorney for the Eastern District of Virginia announced that within the last month, 11 co-conspirators, including defendants from at least three title companies, plead guilty to their roles in a mortgage fraud conspiracy to alter real estate settlements and take the money for their own use. Read on for more details.

Illinois General Assembly passes changes to notary public law
Posted Date: Monday, June 3, 2013
The Illinois General Assembly passed a bill that makes changes to the Illinois Notary Public Act. Read on for more details.

New law clarifies effect of title when legal description omitted
Posted Date: Monday, June 3, 2013
Colorado adopted a law this session that clarifies the effect of title when a legal description is omitted from a deed of trust. The General Assembly sought to clarify the provisions of the Colorado Revised Statutes after a Colorado Supreme Court ruling on the matter. Read on for more details.

Georgia Supreme Court addresses whether deed holder can foreclose
Posted Date: Monday, June 3, 2013
After Chase foreclosed on their home, two Georgia homeowners sued for wrongful foreclosure because the bank only held the security deed, not the promissory note. Before ruling in the case, the district court asked the Georgia Supreme Court to answer three certified questions, one being whether the holder of a security deed can initiate foreclosure proceedings on residential property. Read on to find out how the court answered the question.

Rhode Island court hears slander of title dispute
Posted Date: Monday, June 3, 2013
After purchasing a lot in Lincoln, R.I., a man realized he needed access to several neighbors’ properties to build a house and develop his land. The neighbors filed a notice of intent in the land records to protect their land. The man filed suit, claiming the neighbors, and their lawyer, slandered his title. Read on to find out what happened when a Rhode Island appellate court heard the case on appeal.
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