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February 6, 2023
The Legal Description Edition
February 6, 2023


Insurance companies bring trademark dispute to 11th Circuit
Posted Date: Wednesday, January 18, 2023
A long-standing multi-line insurance company filed suit against a title agency, alleging the title agency infringed its trademarks. After a federal district court in Florida granted summary judgment to the title agency, the insurance company appealed the case to the 11th U.S. Circuit Court of Appeals.

ALTA requests FTC clarify definition of junk fee in proposed rule
Posted Date: Monday, January 16, 2023
The American Land Title Association provided comments to the Federal Trade Commission on its Unfair or Deceptive Fees Advance Notice of Proposed Rulemaking, seeking clarity on the FTC’s definition of junk fee.

Lien holder appeals order extinguishing judgment lien
Posted Date: Wednesday, November 16, 2022
The holder of a lien on property in Marlboro, N.J. appealed an order divesting him of interest in the property and extinguishing his judgment lien as the result of a foreclosure action.

FinCEN seeks comments on proposed beneficial ownership information reporting
Posted Date: Monday, January 16, 2023
The Financial Crimes Enforcement Network requested comments on both a proposed report to collect beneficial ownership information from reporting companies and a proposed application for individuals to use to obtain a FinCEN identifier in connection with the beneficial ownership information reporting requirements.

Texas Department of Insurance gets new executive leadership
Posted Date: Wednesday, January 18, 2023
The Texas Department of Insurance announced its chief deputy commissioner and new leadership for its administrative operations, life and health, and general counsel divisions.

Former attorney indicted for stealing property deeds
Posted Date: Monday, January 23, 2023
A disbarred Brooklyn attorney was arraigned on an indictment in which he is charged with stealing the deeds to four properties, three of which were in foreclosure, for a total of approximately $2.3 million.

Fifth Circuit hears injunction appeal in employment dispute
Posted Date: Monday, January 23, 2023
A title agency filed suit against a former employee who left for a competitor, alleging she broke her noncompete agreement. It also sought a preliminary injunction prohibiting her from employment in any capacity by any competitor within specified Texas counties. The district court granted the preliminary injunction. Each cross-appealed to the Fifth U.S. Circuit Court of Appeal.

Arizona considers amendments to records confidentiality laws
Posted Date: Monday, January 23, 2023
The Arizona Legislature is considering legislation that would amend its records confidentiality laws to include public officials among eligible persons.

Oregon Legislature considers method for collecting unpaid charges for property instruments
Posted Date: Monday, January 23, 2023
The Oregon Legislature is considering legislation to clarify the method of collecting unpaid charges against real property if the instrument conveying fee title to the real property to exempt the entity is recorded without a certificate issued by the county assessor attesting that all the charges have been paid.

Connecticut considers commission on online recording
Posted Date: Monday, January 23, 2023
The Connecticut General Assembly introduced legislation that would establish a commission to study and establish a state-wide system for the online recording of land records and maps.

New Mexico superintendent of insurance retires
Posted Date: Monday, January 23, 2023
The Office of the Superintendent of Insurance announced the retirement of Superintendent Russell Toal and the appointment of an interim superintendent, effective Jan. 21.

Virginia considers requiring consent before collecting settlement fees
Posted Date: Wednesday, January 18, 2023
The Virginia General Assembly is considering legislation that would consider requiring a seller’s written informed consent before a real estate settlement agent can collect fees from the seller.

Utah adopts amendments to email address requirement
Posted Date: Wednesday, January 18, 2023
The Utah Insurance Department adopted amendments to R590-258, Email Address Requirement. The amendments went into effect Jan. 10.

New Pennsylvania governor nominates insurance commissioner
Posted Date: Wednesday, January 18, 2023
Shortly before his inauguration, Pennsylvania Gov. Josh Shapiro nominated a new insurance commissioner, along with four other cabinet appointments.

Nebraska DOI announces new testing provider
Posted Date: Wednesday, January 18, 2023
For 2023, the Nebraska Department of Insurance announced a contract award to PSI to administer the insurance licensing examinations for Nebraska residents.

Buyer sues over parcels missing from deed
Posted Date: Monday, January 16, 2023
A man and his former wife purchased what they believed were 16 parcels of land in Elk and Jefferson townships, Ohio, from another couple. After discovering later that six parcels of land were not included in the general warranty deed despite being included in the land installment contract, the buyer filed suit against the sellers and title insurance agency that provided the title insurance policy.

Utah finalizes amendments to record retention rule for foreign insurers
Posted Date: Monday, January 16, 2023
The Utah Department of Insurance adopted amendments to R590-276, Record Retention for Foreign Insurers, Alien Insurers, Commercially Domiciled Insurers, Foreign Title Insurers and Foreign Fraternals. The amended rule went into effect Jan. 10.

Kansas insurance commissioner sworn in for second term
Posted Date: Monday, January 16, 2023
Kansas Insurance Commissioner Vicki Smith was sworn in for her second term on Jan. 9.

Minnesota Department of Commerce unveils new website
Posted Date: Monday, January 16, 2023
The Minnesota Department of Commerce has a new digital front door with a modernized website that is easier to use and focused on getting consumers and businesses the information they need.
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