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May 15, 2023

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May 15, 2023
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Massachusetts Board of Bar Overseers issues advisory on premium disclosure
Posted Date: Monday, May 1, 2023
In a recent article on ethics, The Cost of Doing Business (With a Client), the Massachusetts Board of Bar Overseers advised real estate lawyers that state rules require them to provide disclosure and consent requirements regarding the sale of title insurance.

SECURE Notarization Act introduced in Senate
Posted Date: Monday, April 24, 2023
U.S. Senators Kevin Cramer (R-ND) and Mark Warner (D-VA) reintroduced their Securing and Enabling Commerce Using Remote and Electronic (SECURE) Notarization Act. This bipartisan bill would permit the nationwide use of remote online notarizations (RONs), enabling notaries and signers to complete the process from different physical locations.

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.

CFPB issues guidance on zombie mortgage debt collection
Posted Date: Monday, May 1, 2023
The Consumer Financial Protection Bureau issued guidance on debt collectors, covered by the Fair Debt Collection Practices, seeking to foreclose on homes with mortgages past the statute of limitations.

New York attorney general announces legislation to combat deed theft
Posted Date: Wednesday, May 3, 2023
New York Attorney General Letitia James, state Sen. Brian Kavanagh, state Sen. Zellnor Myrie, and Assemblymember Helene Weinstein announced legislation to strengthen protections and remedies for victims of deed theft and bolster the Office of the Attorney General’s (OAG) ability to prosecute these crimes.

Real estate wire fraud report shows average loss of $106,000 per incident
Posted Date: Monday, April 24, 2023
In the consumer edition of the State of Wire Fraud report, CerifID found consumer real estate payments represent the most frequent target of wire fraud in 2022, with cybercriminals targeting buyer cash-to-close payments in particular.

Title company seeks declaration of no duty to defend after escrow fraud
Posted Date: Wednesday, May 3, 2023
A title company sued a lender, seeking a declaration that it had no duty to defend and indemnify a lender after the lender was subject to escrow fraud.

CFPB proposes PACE rule
Posted Date: Wednesday, May 3, 2023
The Consumer Financial Protection Bureau proposed a rule to implement a Congressional mandate to establish consumer protections for residential Property Assessed Clean Energy loans.

Oklahoma Legislature considers abstractors legislation
Posted Date: Wednesday, May 3, 2023
The Oklahoma Legislature is considering legislation to amend the Oklahoma Abstractors Act to provide an exception for the determination of certain unnecessary delay.

Louisiana Department of Insurance issues revised information security bulletin
Posted Date: Wednesday, May 3, 2023
Louisiana Insurance Commissioner James Donelon issued Bulletin 2021-04 (revised and reissued) regarding the information security program of the Insurance Data Security Law.

New Mexico escrow manager pleads guilty to wire fraud
Posted Date: Wednesday, May 3, 2023
A Roswell, N.M., escrow manager pleaded guilty to wire fraud and engaging in monetary transactions in property derived from specified unlawful activity.

FundingShield releases Q1 Fraud Analytics
Posted Date: Monday, May 1, 2023
: In its Q1 2023 Fraud Analytics, FundingShield noted more than half of transactions completed in the quarter had at least one risk issue.

Texas considers bill allowing RON for some home equity loans
Posted Date: Monday, May 1, 2023
The Texas Legislature is considering a bill relating to requirements for the physical presence of a borrower for signing certain documents related to a home equity loan.

Florida Legislature passes loan alternative agreement legislation
Posted Date: Monday, May 1, 2023
The Florida Legislature passed legislation relating to residential loan alternative agreements, specifying restrictions on these agreements and prohibiting courts from enforcing them. The bill awaits the governor’s signature.

S.C. governor nominates new director of Department of Insurance
Posted Date: Monday, May 1, 2023
South Carolina Gov. Henry McMaster nominated a new director of the state’s department of insurance.

10th Circuit hears appeal on motion to compel arbitration
Posted Date: Monday, April 24, 2023
A title insurer and its employee appealed to the 10th U.S. Circuit Court of Appeals a denial by the U.S. District Court for the District of Utah of their motion to compel property owners’ claims against the employee and the denial of their motion to reconsider that ruling.

FinCEN renews, expands GTOs
Posted Date: Monday, April 24, 2023
The Financial Crimes Enforcement Network announced the renewal and expansion of its Geographic Targeting Orders that require U.S. title insurance companies to identify the natural persons behind shell companies used in non-financed purchases of residential real estate.

Oklahoma passes certified copy legislation
Posted Date: Monday, April 24, 2023
The Oklahoma Legislature passed legislation to permit certified copies to be made in accordance with the Uniform Real Property Electronic Recording Act and allow fees to be charged for certified records in accordance with certain fee schedules. The bill awaits the governor’s signature.

New Arizona law requires document recording notification system
Posted Date: Monday, April 24, 2023
Arizona Gov. Katie Hobbs signed legislation to require county recorders to provide a system to notify property owners when a document is recorded against their property.
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