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May 31, 2021

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May 31, 2021
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Arizona considers bill on civil judgment liens on homestead property
Posted Date: Wednesday, May 12, 2021
The Arizona Legislature is considering legislation regarding civil judgment liens on homestead property. Read on for more details.

Insured seeks defense of challenge to title
Posted Date: Wednesday, May 19, 2021
The insured owner of property in Jackson County, Wisc., filed suit against its insurer, alleging the insurer breached its policy by failing to provide a defense in an underlying lawsuit challenging the insured’s title to property. Read on for more details.

Texas Legislature passes quitclaim deed legislation
Posted Date: Wednesday, May 19, 2021
The Texas Legislature passed legislation providing a statute of limitations for quitclaim deeds. The bill awaits the governor’s signature. Read on for more details.

California considers bill to void certain restrictions in deeds
Posted Date: Wednesday, May 19, 2021
The California State Legislature is considering legislation that would, among other things, make void and unenforceable any covenant, restriction or condition in a deed affecting the transfer or sale of an interest in a planned development. Read on for more details.

California AG issues opinion on nuisance abatement liens
Posted Date: Wednesday, May 19, 2021
California Attorney General Xavier Becerra recently issued an opinion addressing the duration of a nuisance abatement lien. Read on for more details.

New York extends RON executive order
Posted Date: Wednesday, May 19, 2021
New York Gov. Andrew Cuomo issued Executive Order No. 202.107, extending, among other things, the ability for notaries to perform notarizations utilizing audio-video technology until June 9, 2021. Read on for more details.

Indiana appoints new insurance commissioner
Posted Date: Wednesday, May 19, 2021
Days after the announcement Stephen Robertson will be stepping down as commissioner of the Indiana Department of Insurance, Gov. Eric Holcomb announced his replacement. Read on for more details.

Property owner files ‘predatory foreclosure’ suit in federal claims court
Posted Date: Monday, May 17, 2021
After her property was foreclosed upon, the owner of property in Illinois filed suit, alleging several entities and individuals defrauded her out of her property. She filed the current suit in the U.S. Court for Federal Claims, alleging the United States participated in the fraud or permitted the fraud to occur. Read on for the court’s ruling on the United States’ motion to dismiss.

Senators reintroduce Secure Notarization Act
Posted Date: Monday, May 17, 2021
Sens. Kevin Cramer (R-ND) and Mark Warner (D-Va.) reintroduced the Securing and Enabling Commerce Using Remote and Electronic Notarization Act. Nearly identical bipartisan legislation to allow the immediate nationwide use of remote online notarizations was introduced last Congress. Read on for more details.

Texas passes legislation regarding wrap mortgage financing
Posted Date: Monday, May 17, 2021
The Texas Legislature passed legislation regarding the financing of residential real estate purchases by means of a wrap mortgage loan. Read on for more details.

Bank seeks to return breach of contract claim to state court
Posted Date: Monday, May 17, 2021
A national bank moved to remand its breach of contract and insurance bad faith claim against its title insurer for failing to defend it against a homeowner’s association’s foreclosure. Read on for more details.

Texas considers mechanic’s lien legislation
Posted Date: Monday, May 17, 2021
The Texas Legislature is considering legislation that would amend the state’s statutes regarding mechanic’s liens. Read on for more details.

Former mortgage company president pleads guilty to bank fraud
Posted Date: Monday, May 17, 2021
The former president of an Oklahoma City, Okla.-based mortgage company pleaded guilty to defrauding two locally based banks, Fannie Mae, and others through a broad range of fraudulent conduct over the course of three years. Read on for more details.

North Carolina considers RON legislation
Posted Date: Wednesday, May 12, 2021
The North Carolina Legislature is considering legislation that would allow for remote notarizations. Read on for more details.

Mortgage holder seeks remand of HOA foreclosure claim dispute
Posted Date: Wednesday, May 12, 2021
The holder of a mortgage sought to remand to state court a breach of contract dispute after a title insurer denied a claim regarding a homeowner’s association’s foreclosure of property in Nevada. Read on for more details.

Homeowner sues multiple parties after foreclosure
Posted Date: Wednesday, May 12, 2021
A Utah homeowner, proceeding in forma pauperis, filed suit against multiple parties to her foreclosure. She challenged a magistrate judge’s report and recommendation the court dismiss the case before the case went before the chief U.S. district judge for the District of Utah. Read on for more details.

Illinois considers legislation allowing for consultation on title insurance
Posted Date: Wednesday, May 12, 2021
The Illinois General Assembly is considering legislation that would allow consumers to have the option to consult with legal counsel before title insurance payment obligations are effective. Read on for more details.

New York attorney sentenced for stealing down payments
Posted Date: Wednesday, May 12, 2021
A Sunset Park, N.Y. attorney was sentenced to time in prison for stealing down payment funds he received to hold in escrow for clients he represented in the sale of their homes. Read on for more details.

Texas considering new reporting requirements for loans, title insurance transactions
Posted Date: Monday, May 10, 2021
The Texas Legislature is considering legislation that would add new reporting requirements for loan and title insurance transactions involving foreign companies and real property located near military bases. Read on for more details.

Lender seeks quiet title against prior lender
Posted Date: Monday, May 10, 2021
The holder of a current mortgage on property in Hartford, Conn., filed a quiet title action against the holder of a mortgage granted several years ago by a previous owner. Read on for more details.

Connecticut considers remote notarization legislation
Posted Date: Monday, May 10, 2021
The Connecticut General Assembly is considering legislation that would, among other things, allow notaries to perform remote notarizations between the time of its passage and Dec. 31, 2021. Read on for more details.

CFPB issues report on COVID-related foreclosure challenges
Posted Date: Monday, May 10, 2021
The Consumer Financial Protection Bureau released two reports showing issues which need to be tackled to help mortgage borrowers with COVID-19 related foreclosure and forbearance issues. Read on for more details.

Indiana insurance commissioner to step down
Posted Date: Monday, May 10, 2021
The longest-serving commissioner of the Indiana Department of Insurance will leave his position on June 1. Read on for more details.

Twelve arrested for $15 million mortgage fraud
Posted Date: Monday, May 10, 2021
California Attorney General Rob Bonta announced the arrests of 12 individuals on 133 felony counts for allegedly operating a sophisticated mortgage fraud and green loan scheme throughout southern California. The scheme resulted in a loss of approximately $15 million over the course of several years. Read on for more details.
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