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News By Edition
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The Legal Description Edition
July 16, 2012
On July 9, the Consumer Financial Protection Bureau released its much anticipated proposed final rule combining the RESPA and Truth in Lending Act disclosures. We give you a first look at some of the key elements of the rule, first thoughts from the American Land Title Association about how the bill will impact the title industry, and how you can weigh in and share your concerns with the CFPB. We also examine the U.S. Supreme Court’s decision in First American v Edwards and the legislative solution North Carolina came up with to address the industry’s concerns about mechanic’s liens.
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Here we go: A first look at what made it into the combined disclosures
Posted Date: Monday, July 16, 2012
Get out your highlighter, call your attorney and get your technology company on the phone. The Consumer Financial Protection Bureau (CFPB) has released a massive, 1,099-page proposed rule to accompany its proposed integrated mortgage disclosures under the Real Estate Settlement Procedures Act (RESPA) and the Truth in Lending Act (TILA).
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N.C. General Assembly ratifies statutory solution to mechanic’s lien problem
Posted Date: Wednesday, July 11, 2012
Weeks after the Fidelity family of title insurance companies reversed its decision to stop providing mechanic’s lien coverage in North Carolina due to concerns about the additional risk they could be taking on, the North Carolina General Assembly ratified a statutory solution to the mechanic’s lien problem — the creation of lien agents in the state. Read on for more details.
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Long-term NFIP extension reached
Posted Date: Monday, July 02, 2012
After several short-term extensions that left many in flood-prone areas uncertain about when their closing would happen, Congress passed a five-year reauthorization of the National Flood Insurance Program. The bill now goes to the president for his approval.
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Arizona appoints new acting director of insurance
Posted Date: Monday, July 02, 2012
Arizona Gov. Jan Brewer named Germaine Marks the acting director of the Arizona Department of Insurance. Among other duties, Marks will lead the department in monitoring and promoting the financial safety and soundness of insurers transacting business in Arizona.
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Supreme Court takes ‘unusual’ tack in First American v. Edwards
Posted Date: Thursday, June 28, 2012
The U.S. Supreme Court released its opinion in First American v. Edwards today, sending a troubling but clear message not only to settlement services providers, but potentially all industries covered under consumer statutes. Read on for the decision and First American's reaction.
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Escrow co. recovers stolen funds through cyber theft settlement
Posted Date: Wednesday, June 27, 2012
A California escrow company has recovered funds stolen by cyber thieves in a wire transfer fraud lawsuit brought against the bank that held the funds. The escrow company held the bank liable, alleging negligence, concealment, misrepresentation and three other claims. Read on for the details.
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Property owners sue title company after discovering severed mineral rights
Posted Date: Wednesday, June 27, 2012
After signing a natural gas release, allowing the exploration and removal of natural gas from their land, property owners found they did not have ownership on the subsurface estate of their property. The individuals then sued First American due to the prior restraint on the land.
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Condominium unit owner fights for flood insurance
Posted Date: Wednesday, June 27, 2012
When a home owner’s condominium unit was destroyed by a flood, the owner looked towards the condominium’s insurance agency to pay for damages. The agency, however, denied the resident flood insurance and stated that he was unable to rebuild the unit according to the applicable building code requirements. The unit owner then filed suit. Read on for more information about the case.
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Constitutionality of CFPB questioned in suit by bank
Posted Date: Monday, June 25, 2012
The constitutionality of the Consumer Financial Protection Bureau was questioned by a bank and two associations in a lawsuit filed on June 21 in U.S. District Court for the District of Columbia. Read on for more information about their claims.
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Las Vegas man pleads guilty to California fraud scheme
Posted Date: Monday, June 25, 2012
Appearing before U.S. District Judge Dolly Gee, a Las Vegas man admitted to conspiring to defraud residential mortgage lenders of hundreds of thousands of dollars by fabricating loan documents for the purchase and improvement of two properties located in Riverside County.
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Lots of changes going around
Posted Date: Monday, June 25, 2012
Think you have many changing regulations to deal with? The grass may not be greener on the other side, or state as the case may be. Agents everywhere are experiencing legislative and regulatory changes. During the 2012 National Settlement Services and Compliance Summit, a panel of title agents from different states shared some of the changes they are experiencing.
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WFG names new Florida state counsel
Posted Date: Monday, June 25, 2012
WFG National Title Insurance Co. has named a new state counsel for its Florida office. Read on to find out more about the new hire.
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