News By Edition

A federal court in Nevada remanded a case to state court, discussing in-depth the proper use of snap removal.

A homeowner and her fiancé appealed the final judgment in the foreclosure purchaser’s post-foreclosure unlawful detainer action involving the residence the homeowner formerly owned in San Marcos, Calif.

The United States Department of Veterans Affairs (VA) released updates to its Lender Handbook, including language regarding the use of attorney opinion letters.

California Gov. Gavin Newsom signed legislation regarding employment wage transparency and reporting. The bill goes into effect Jan. 1, 2023.

New York Department of Financial Services (NYSDFS) Superintendent Adrienne Harris announced a $4.5 million penalty against EyeMed Vision Care LLC after an investigation found the company failed to conduct periodic risk assessments and failed to implement multi-factor authentication and secure access controls, resulting in a cyber breach that exposed New York consumer data.

The Boston Division of the Federal Bureau of Investigation (FBI) warned that as tech support fraud evolves, the number of people falling victim to the crime is on the rise, as are financial losses. Investigators are seeing an emerging trend in which tech support scammers are convincing victims that their financial accounts have been compromised and their funds need to be moved so the fraudsters can gain control over the victims’ computers and finances.

California Attorney General Rob Bonta sent a letter to California Sens. Dianne Feinstein and Alex Padilla expressing his concerns with the Securing and Enabling Commerce Using Remote and Electronic (SECURE) Notarization Act. He argued that any federal legal framework for remote online notarization should allow flexibility for states to monitor and prevent data breaches, fraud and other abuses.

A real estate holding company filed suit against an insurer, seeking a summary declaration that the insurer is estopped from disclaiming liability coverage to its insured on still pending claims the holding company and its affiliates asserted against the insured in a separate court action. The insurer moved for dismissal.

The Utah Department of Insurance finalized an amendment to R590-160-8, Agency Review, to remove a reference to a state law allowing an agency to reconsider an agency review. The amended rule went into effect Oct. 11, 2022.

In a case arising out of a foreclosure action, a consumer sought to amend his suit against a title insurer for an alleged breach of contract and violation of the Illinois Consumer Fraud and Deceptive Practices Act. The U.S. District Court for the Northern District of Illinois had dismissed the case against the insurer and denied a previous motion to reconsider.

The Texas Department of Insurance issued its annual title underwriter data call for 2021. The mandatory data call is used to set title insurance premium rates, as required by Insurance Code Section 2703.151.

A Merrifield, Va., couple was sentenced for stealing at least nine people’s identities and using the stolen personal identifying information to fraudulently buy a luxury vehicle, lease high-end residences and obtain loans and credit.

A title company, as subrogee for an insured, alleges that a seller twice conveyed overlapping plots of land in Stafford County, Va., to two different grantees through two separate deeds and filed suit against the seller to recover the cost of filing a corrective deed based on a breach of the covenant of special warranty contained in the deed. The seller sought to dismiss the suit.

The seller of two properties in Charlotte, N.C., sued an owners association management company and a property management software company for violating the North Carolina Transfer Fee Covenant Prohibition Act. The defendants moved to dismiss the case.

A mortgagee brought an action against mortgagors to foreclose a mortgage on property in Flushing, N.Y. It later filed a motion for leave to amend the complaint to substitute cause of action to recover on the promissory note in lieu of the cause of action to foreclose the mortgage, which was denied. The mortgagee then appealed the decision.

A bill that would amend 1895 PA 161, “An act to require county treasurers to furnish transcripts and abstracts of records and fixing the fees to be paid therefor” has passed the Michigan Legislature and awaits the governor’s signature.

The FBI Internet Crime Complaint Center (IC3) issued a public service announcement regarding a significant increase in IRS-themed smishing campaigns.

The Financial Crimes Enforcement Network (FinCEN) has assessed a $29 million civil money penalty against Bittrex for violations of the Bank Secrecy Act (BSA) and FinCEN’s implementing regulations. FinCEN’s action is part of a global settlement with the Office of Foreign Assets Control (OFAC).

Voters will be voting for several key state positions. In California, Georgia, Kansas and Oklahoma that means voting for insurance commissioner.

The insured lender of two properties in Nevada sought to remand a case regarding coverage after a homeowner’s association foreclosed on the properties. The title insurer had transferred the case before any defendants were served.

The U.S. Treasury Department’s Federal Insurance Office (FIO) released its annual report on the insurance industry. Additionally, the FIO issued a request for information in the Federal Register to solicit public comments on a potential federal insurance response to catastrophic cyber incidents.

The New Jersey Legislature is considering legislation that, among other things, requires sellers to make certain notifications regarding flooding.

Federal Trade Commission Chair Lina Khan appointed two new senior agency leaders, a chief technology officer and a public affairs director.

New York State Department of Financial Services (DFS) Superintendent Adrienne Harris announced the relaunch of the department’s Consumer Protection Advisory Council. The membership of the advisory council has been expanded to bring a more diverse set of perspectives together, representing the diversity of New York consumers.