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October 31, 2022

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October 31, 2022
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Federal court remands HOA coverage case to Nevada court
Posted Date: Wednesday, October 19, 2022
A federal court in Nevada remanded a case to state court, discussing in-depth the proper use of snap removal.

Homeowner appeals judgment in post-foreclosure action
Posted Date: Wednesday, October 19, 2022
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.

VA updates Lender Handbook to include attorney opinion letters
Posted Date: Wednesday, October 19, 2022
The United States Department of Veterans Affairs (VA) released updates to its Lender Handbook, including language regarding the use of attorney opinion letters.

California adopts employment wage transparency and reporting law
Posted Date: Wednesday, October 19, 2022
California Gov. Gavin Newsom signed legislation regarding employment wage transparency and reporting. The bill goes into effect Jan. 1, 2023.

New York DFS announces $4.5 million cybersecurity settlement
Posted Date: Wednesday, October 19, 2022
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.

FBI warns of tech support scammers targeting financial accounts
Posted Date: Wednesday, October 19, 2022
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 AG sends letter opposing SECURE Notarization Act
Posted Date: Monday, October 17, 2022
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.

Company seeks declaration insurer estopped from disclaiming liability coverage to insured
Posted Date: Monday, October 17, 2022
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.

Utah finalizes amendment to agency review rule
Posted Date: Monday, October 17, 2022
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.

Consumer seeks to amend Illinois UDAP case
Posted Date: Monday, October 17, 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.

Texas issues title underwriter data call
Posted Date: Monday, October 17, 2022
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.

Real estate agent, husband sentenced for identity theft
Posted Date: Monday, October 17, 2022
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.

Seller sued after selling property twice
Posted Date: Wednesday, October 12, 2022
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.

Seller sues owners association management company over fees
Posted Date: Wednesday, October 12, 2022
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.

Note holder seeks to substitute cause of action in foreclosure case
Posted Date: Wednesday, October 12, 2022
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.

Treasury-records requirement bill awaits Michigan governor’s signature
Posted Date: Wednesday, October 12, 2022
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.

IC3 issues smishing PSA
Posted Date: Wednesday, October 12, 2022
The FBI Internet Crime Complaint Center (IC3) issued a public service announcement regarding a significant increase in IRS-themed smishing campaigns.

FinCEN announces enforcement against virtual asset provider for violating BSA
Posted Date: Wednesday, October 12, 2022
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).

Meet the candidates running for insurance commissioner
Posted Date: Monday, October 10, 2022
Voters will be voting for several key state positions. In California, Georgia, Kansas and Oklahoma that means voting for insurance commissioner.

Federal court remands HOA foreclosure coverage suit to Nevada court
Posted Date: Monday, October 10, 2022
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.

Treasury FIO releases annual report, RFI on cyber response
Posted Date: Monday, October 10, 2022
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.

New Jersey considers seller flooding notification requirement
Posted Date: Monday, October 10, 2022
The New Jersey Legislature is considering legislation that, among other things, requires sellers to make certain notifications regarding flooding.

FTC appoints chief technology officer, public affairs director
Posted Date: Monday, October 10, 2022
Federal Trade Commission Chair Lina Khan appointed two new senior agency leaders, a chief technology officer and a public affairs director.

NYSDFS relaunches consumer protection advisory council, expands membership
Posted Date: Monday, October 10, 2022
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.
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