The Legal Description
CFPB explains plans for drafting mortgage disclosure rules
Subscriber Access OnlyCFPB explains plans for drafting mortgage disclosure rules
Regulatory Updates
Within days of releasing its last round of combined disclosure prototypes and beginning testing on those forms, the Consumer Financial Protection Bureau explained how it planned to proceed with the next steps in making new disclosures a reality — creating regulations to govern the use of those forms. To find out more about its next plans, including how it plans to use a small business review panel to review its rule-making proposals, read on.
Who is responsible to pay for title insurance?
Subscriber Access OnlyWho is responsible to pay for title insurance?
Court Report
The U.S. District Court for the District of Massachusetts had to address that issue in part after the purchaser of property at a post-foreclosure sale, sued the seller, Freddie Mac, for not upholding its promise to purchase her owner’s title insurance policy if she agreed to use the insurer of its choosing. Read on to find out more about the case and what the court had to say when Freddie Mac moved to dismiss the complaint.
Land title associations request protection for third-party buyers in Florida
Subscriber Access OnlyLand title associations request protection for third-party buyers in Florida
Court Report
The American Land Title Association and Florida Land Title Association submitted a brief to the Supreme Court of Florida in a foreclosure case, requesting the court clarify the protections third-party buyers of foreclosed property have from being impaired by an attack on the foreclosure proceeding. Read on to find out more.
Balancing act: Managing underwriter expectations in a new regulatory environment
Subscriber Access OnlyBalancing act: Managing underwriter expectations in a new regulatory environment
Industry News

A lot of things have changed over the last few years. Defalcations have proliferated, taking with them several agents and regional underwriters. Regulators have taken a closer look at title insurance, making several changes to the way they oversee the industry. And legislators, concerned about protecting consumers, have changed laws regarding underwriter liability and solvency requirements for both agents and underwriters. All of these things have caused agents and underwriters alike to examine their relationships with one another and look at how that may change in the future. During a recent October Research Webinar titled The Closer’s Balancing Act, experts from the underwriter, agent and regulatory point of view discussed these changes and what they mean for the agent/underwriter relationship going forward.

Mortgage fraud from a litigator’s point of view
Subscriber Access OnlyMortgage fraud from a litigator’s point of view
The Blotter
We’ve heard the stats about mortgage fraud, which continues to be a troubling topic for all those involved in the real estate market. But what can a title agent do to protect himself, his company, his underwriter, the borrower and lender from being victims or unsuspecting co-conspirators in these crimes? A litigator who defends these cases for some key members of the industry shared his tips with The Legal Description.
Breaking News: Servicers, states reach mortgage servicing settlement
Subscriber Access OnlyBreaking News: Servicers, states reach mortgage servicing settlement
Court Report
Iowa Attorney General Tom Miller was joined by U.S. Attorney General Eric Holder, Housing and Urban Development Secretary Shaun Donovan and others in announcing one of the largest federal-state civil settlements ever obtained. The settlement, reached with the country’s largest mortgage servicers will address mortgage loan servicing and foreclosure abuses that came to light in 2010. Read on for details of the settlement.



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Case Law Report:
Fourth Quarter 2011

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The fourth quarter of 2011 was especially significant as several foreclosure cases came before the states’ highest courts.

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