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July 16, 2012
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.


Who said it couldn’t be done?
Posted Date: Monday, July 16, 2012

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).

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.

Alabama attorney sentenced for stealing $2.3 M in closing funds
Posted Date: Monday, July 02, 2012
A former Alabama attorney was sentenced to four years in prison for stealing $2.3 million in closing funds over the course of six years. Read on for more details.

Be your best ally — protect your company before and after cyber theft: The aftermath of Village View Escrow, Inc. v. Professional Business Bank
Posted Date: Monday, July 02, 2012
Last week, we reported on a settlement between a bank and a California escrow company that had been a victim of escrow fraud. Shortly after the announcement, The Legal Description had the opportunity to talk with one of the escrow company’s attorneys, who provided some insight about how best to protect yourself and your company, before and after cyber fraud.

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.

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.

Md. man sentenced to four years in prison for diverting settlement funds
Posted Date: Monday, July 02, 2012
A Maryland man was sentenced to four years in prison for diverting settlement funds in connection with a five-year mortgage fraud scheme involving 17 Maryland properties. Read on to find out more about the sentence.

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.

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.

New definition of settlement agent going into effect in Georgia
Posted Date: Wednesday, June 27, 2012
On July 1, the definition of settlement agent in Georgia will change, eliminating anyone who is not a lender or lawyer to participate in the settlement process. Read on for more details.

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.

Ten indicted for alleged wire fraud conspiracy, identity theft
Posted Date: Wednesday, June 27, 2012
Ten Phoenix, Ariz., area residents were indicted on charges of conspiracy, wire fraud, false statements and identity theft in the purchase of several properties in the Phoenix area. Read on for more details.

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.

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.

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.

N.Y. attorney general announces mortgage foreclosure fraud prevention legislation
Posted Date: Monday, June 25, 2012
New York Attorney General Eric Schneiderman announced the introduction of legislation that would protect New Yorkers from fraudulent business practices like robo-signing in the foreclosure process. Read on for more about the bill.

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.

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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