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March 20, 2023
The Legal Description Edition
March 20, 2023


Massachusetts AG gets preliminary injunction against MV Realty
Posted Date: Monday, March 6, 2023
Massachusetts Attorney General Andrea Joy Campbell’s office secured a preliminary injunction in an ongoing lawsuit against MV Realty, a company the AG’s office alleges deceptively presents itself as a real estate brokerage, while, in actuality, aggressively markets a deceptive loan product to financially struggling homeowners in Massachusetts.

Utah Insurance Department issues AOL bulletin
Posted Date: Wednesday, March 8, 2023
The Utah Insurance Department issued Bulletin 2023-2: Settling loans that utilize an attorney opinion letter.

House Republicans voice concern over FinCEN’s BOI access proposal
Posted Date: Wednesday, March 8, 2023
The chairman of the House Financial Services Committee and the chair of the Subcommittee on National Security, Illicit Finance, and International Financial Institutions, commented on the Financial Crimes Enforcement Network’s Notice of Proposed Rulemaking regarding access to beneficial ownership information.

Connecticut considers remote notarization legislation
Posted Date: Wednesday, March 8, 2023
The Connecticut General Assembly is considering legislation that would permit notaries to remotely notarize certain documents under certain specified circumstances.

Georgia Senate passes redaction legislation
Posted Date: Wednesday, March 8, 2023
The Georgia Senate passed legislation requiring local governments to remove upon request certain personally identifiable information of public employees from certain property records. The bill now goes before the Georgia House.

FTC extends comment period for proposed noncompete ban
Posted Date: Wednesday, March 8, 2023
The Federal Trade Commission voted to extend the public comment period for its proposed rule to ban employers from imposing non-competes on their workers.

Alabama Department of Insurance hires new government relations manager
Posted Date: Wednesday, March 8, 2023
The Alabama Department of Insurance hired a new government relations manager.

Utah passes residential service agreement legislation
Posted Date: Monday, March 6, 2023
The Utah Legislature passed legislation that, among other things, would provide that certain residential property service agreements are void and prohibits the recording of void residential property service agreements. It awaits the governor’s signature.

Coalition of organizations oppose FTC noncompete clause ban
Posted Date: Monday, March 6, 2023
A coalition of numerous state and federal associations, including the Mortgage Bankers Association, wrote to oppose the Federal Trade Commission’s proposed rule to impose a nationwide ban on most noncompete clauses.

Virginia General Assembly passes consent requirement for settlement fees
Posted Date: Monday, March 6, 2023
The Virginia General Assembly passed legislation that would require the written consent of the seller’s counsel before a settlement agent or its subsidiaries, affiliates, or subcontractors can collect any fees payable to the agent, its subsidiaries, affiliates, or subcontractors from a represented seller. The bill awaits the governor’s signature.

Texas introduces bill on authority to file electronic documents
Posted Date: Monday, March 6, 2023
The Texas Legislature introduced legislation relating to the authority of a business to file electronic documents with a county clerk that accepts electronic filings.

Loan officer charged with bank fraud, identity theft
Posted Date: Monday, March 6, 2023
A loan officer from Osceola County, Fla., was charged with three counts of bank fraud and one count of aggravated identity theft connected to a mortgage fraud scheme targeting the financial institution where she worked.

U.S. House passes SECURE Notarization Act of 2023
Posted Date: Wednesday, March 1, 2023
The U.S. House passed the Securing and Enabling Commerce Using Remote Electronic Notarization Act of 2023, which updates and modernizes the notarization process across the country.

Debtor seeks to vacate final judgment, writ of garnishment
Posted Date: Wednesday, March 1, 2023
A co-debtor appealed an order denying a motion to vacate a default final judgment, vacate a writ of garnishment, and dismiss the case. The title company seeking to collect on an unpaid promissory note had previously obtained a default judgment against the other co-debtor.

New Mexico considers bill to correct minor errors in real property documents
Posted Date: Wednesday, March 1, 2023
The New Mexico Legislature is considering legislation that would amend provisions of state law that authorize the corrections of minor drafting or clerical errors or omissions in recorded instruments of real property.

Montana Department of Commerce launches cybersecurity program
Posted Date: Wednesday, March 1, 2023
The Montana Department of Commerce launched the Montana Cybersecurity Program, which would award small to medium-sized businesses up to $8,000 in reimbursement for newly implemented cybersecurity measures paid to an accredited Montana cybersecurity company.

Arizona governor appoints new director of DIFI
Posted Date: Wednesday, March 1, 2023
Arizona Gov. Katie Hobbs appointed a new director of the state’s Department of Insurance and Financial Institutions. The new director is expected to join the department on March 6.

Nevada names new insurance commissioner
Posted Date: Wednesday, March 1, 2023
The Nevada Department of Business and Industry Director Terry Reynolds announced the appointment of a new insurance commissioner at the Nevada Division of Insurance, effective Feb. 27.

House Financial Services Committee chair introduces data privacy legislation
Posted Date: Monday, February 27, 2023
Rep. Patrick McHenry (R-N.C.), the chairman of the U.S. House Financial Services Committee, introduced the Data Privacy Act of 2023. The legislation would modernize financial data privacy laws and give consumers more control over how their personal information is collected and used.

Nevada federal court says title policy endorsement covers HOA foreclosure
Posted Date: Monday, February 27, 2023
A federal court in Nevada held that an endorsement to a title policy covers a homeowners association’s foreclosure sale of Nevada property.

Texas introduces bill regarding release after payoff
Posted Date: Monday, February 27, 2023
The Texas Legislature introduced legislation relating to the release of a deed of trust or other contract lien securing a home loan after a payoff by the mortgagor.

Trust seeks appeal in unlawful detainer case
Posted Date: Monday, February 27, 2023
After a trust defaulted on a loan on property in Riverside County, Calif., a notice of default and election to sell was recorded, followed by a notice of trustee’s sale. The trust attempted to evade the sale but was unsuccessful, and a foreclosure sale took place. The holder of the loan obtained title and served notices to quit before filing an unlawful detainer action.

Alabama Department of Insurance welcomes new deputy commissioner
Posted Date: Monday, February 27, 2023
The Alabama Department of Insurance welcomes a new deputy commissioner.

Minnesota confirms commissioner of Department of Commerce
Posted Date: Monday, February 27, 2023
The Minnesota Senate confirmed a new commissioner for the Minnesota Department of Commerce, the state agency that oversees 40 industry areas, including insurance, financial institutions and energy resources.
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