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Anderson v. Musick (Oct. 24, 2024)
Posted Date: Tuesday, November 19, 2024
The plaintiff sought specific performance related to the sale of a mobile home park and the surrounding land. The trial court denied relief, saying the papers introduced by the plaintiff as a purported real estate contract between the parties did not constitute a valid contract. In fact, the court could not discern the terms of the purported contract. The plaintiff appealed.
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Harman v. 105 Partners, LLC (Aug. 1, 2024)
Posted Date: Thursday, November 14, 2024
Two real estate developers each signed an agreement to buy the same property from the same seller. Through a series of circumstances, one developer ended up with the title. The second developer sued the first developer and the seller. The district court dismissed all claims by the plaintiff, who then appealed.
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Kiesel Living Tr. v. Hyde (Aug. 30, 2024)
Posted Date: Wednesday, November 6, 2024
The purchaser of a Montana subdivision lot had high hopes for building on the land, but an unrecorded easement – and questions about whether it should have been disclosed in the purchase agreement – sank the project.
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Providence Title Co. v. Truly Title, Inc. (Aug. 22, 2024)
Posted Date: Tuesday, November 5, 2024
Employee mobility between title insurance agencies is not a new trend, but courts continue to scrutinize the actions of companies and their employees in a highly competitive landscape. In fact, recent rulings in a contentious lawsuit between two former competitors in Texas concluded that “the possibility of crippling, or even destroying, a competitor is inherent in a competitive market.”
But what conduct in this situation is lawful? A Texas federal court delivered mixed rulings to parties accused of engaging in unlawful conduct surrounding the departure of former employees of Providence Title Co. to join a competitor, Truly Title, Inc.
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Adriana Hedden v. Navy Federal Credit Union, et al. (Oct. 29, 2024)
Posted Date: Tuesday, November 5, 2024
A federal court in the eastern district of Pennsylvania considered a consumer’s plea to invalidate a fraudulent loan taken out by a scammer posing as a Navy Federal Credit Union employee.
Navy Federal, while sympathetic toward her plight, moved to dismiss the action, stating her claim lies with the scammer, not the lender.
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Madden v. New Zion Baptist Church of Atlanta, Inc. (Oct. 24, 2024)
Posted Date: Monday, October 28, 2024
In a property dispute, a church sought a statutory partition of commonly owned real property and asserted claims for breach of contract and breach of the duty of good faith and fair dealing after its motion to strike the defendant’s answer and dismiss his counterclaim was granted. The defendant appealed.
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Parrish v. Ratliff
Posted Date: Monday, October 14, 2024
In a long-standing boundary line dispute, one party sought to appeal the decision of an Alabama trial court, arguing the testimony of the surveyor and the surveys provided were contradictory.
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Van Swol v. Geiger
Posted Date: Monday, October 14, 2024
After the holder of a right of first refusal failed to exercise his right of first refusal or release his right, the property owners sought to quiet title. When a trial court quieted title in favor of the property owners, the holder of the right of first refusal appealed.
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Tracy George v. Allen Martin Ventures LLC
Posted Date: Thursday, October 10, 2024
A lender sued the LLC that borrowed money from them, as well as the managing member of the LLC that signed the promissory note under which she personally guaranteed the loan, after both the LLC and the managing member failed to pay back the loan.
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First American Title Insurance Co. v. Ram Abstract LTD
Posted Date: Thursday, October 10, 2024
After paying out a claim due to a fraudulent payoff, a title insurer filed suit against the sellers of the subject property, among others. The title insurer then moved for default judgment.
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Liezl de Guzman v. Real Time Resolutions Inc.
Posted Date: Thursday, October 10, 2024
A foreclosed upon property owner appealed a decision in favor of defendant entities that foreclosed upon her, after a trial court granted summary judgment in their favor. The owner had brought various theories as to why the foreclosure was wrongful.
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Tek Grubu v. Coretitle LLC
Posted Date: Thursday, October 10, 2024
After it was sued for conducting a fraudulent transaction, a title company filed a third-party complaint against a listing owner, arguing the listing owner should have confirmed the identity of the purported seller prior to the transfer.
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EagleBank v. Schwartz
Posted Date: Monday, September 30, 2024
In the latest complaint in a long dispute with guarantors of two loans under which the guarantors agreed to a confessed-judgment provision, a bank sought partial judgment on the pleadings on the guarantors’ tortious interference and slander of title counterclaims.
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HSBC Bank v. Fidelity National Title Group
Posted Date: Monday, September 30, 2024
After prevailing in a title insurance dispute stemming from litigation over a homeowners’ association’s foreclosure sale, the title insurer sought attorney’s fees from the bank that sued it.
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High Definition Homes LLC v. Stewart Title Guaranty Co.
Posted Date: Tuesday, September 24, 2024
The owner of property in Centralia, Wash., sought coverage after discovering a boundary line adjustment consolidated two lots it had purchased into one. Its title insurer denied coverage and the owner filed suit.
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Heinz v. State of Ohio
Posted Date: Tuesday, September 24, 2024
A man filed the latest of several attempts to challenge a 2014 foreclosure action by filing suit against the state of Ohio, Ohio Attorney General David Yost and a title company, among others.
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Title Inc. v. U.S. Bancorp
Posted Date: Tuesday, September 24, 2024
After being the victim of payoff fraud, a title agency filed suit against the bank that received the funds from the fraudulent payoff instructions. The bank moved to dismiss the case.
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Silk Title Holdings v. Fifth Third Bank
Posted Date: Monday, September 23, 2024
A title agency and its holding company filed suit against its bank for breach of contract regarding a credit the bank placed in the company’s account and later reversed.
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Stanley Ford Sr. v. Mark Ritter
Posted Date: Monday, September 23, 2024
A buyer sued several parties to a transaction, asserting claims of negligence, negligent representation, breach of fiduciary duty, and breach of contract, seeking to recover funds lost in a wire fraud scheme. After a trial, the buyer dismissed claims against all defendants except his real estate agent.
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James Thomas Dunphy III v. American Heritage Title Agency Inc.
Posted Date: Monday, September 23, 2024
After purchasing property in Delta County, Colo., a property owner found that his policy disclosed and excluded from coverage an access easement for adjacent property. He was asked to execute an easement deed. The situation escalated and he filed suit against the adjacent property owner and the title company.
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U.S. Bank N.A. v. Shannon Fassett and Brian Fassett
Posted Date: Monday, September 23, 2024
Two banks filed competing claims arising from their mortgages on the subject property. They later filed cross-motions for summary judgment, each arguing that their lien had priority over the other. The lower court ruled that one bank’s lien was superior, and the case was appealed.
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Harold Davis v. First National Bank of Pennsylvania
Posted Date: Monday, September 23, 2024
In one of a series of cases alleging violations of RESPA where a bank allegedly received kickbacks in exchange for referring business to a now-defunct title company, the plaintiff homebuyer moved to remand the case to state court.
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Juan Ortiz v. Keystone Premier Settlement Services LLC
Posted Date: Monday, September 23, 2024
A homebuyer in Pennsylvania filed a class action against a settlement services company and its employees for overcharging for notary services, claiming violations of Pennsylvania’s Revised Uniform Law on Notarial Acts and the state’s Unfair Trade Practices and Consumer Protection Law. The company and its employees moved to dismiss the case and strike the class allegations.
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City of Philadelphia v. Leverett
Posted Date: Monday, September 23, 2024
The widow of a property owner in Philadelphia appealed an order denying her petition for the distribution of excess proceeds following a 2012 tax sale of her deceased husband’s property. The city filed an application to quash the appeal.
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Irons v Lin
Posted Date: Monday, September 23, 2024
After the new owner of vacant property acquired the property after a sheriff’s sale, the owner of adjacent property filed suit to quiet title, arguing she acquired the property via adverse possession.
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Security Title Guarantee Corp. of Baltimore v. 915 Decatur St. NW LLC
Posted Date: Monday, July 29, 2024
After being sued for allegedly defrauding a property owner and forging her name on a deed, the insured sought indemnity from its title insurer. The insurer filed suit against its insured, seeking declaratory relief that its insured was not entitled to legal defense or indemnification in the underlying suit.
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771 Allison Court LLC v. Nicholas Sirianni and Brett Sirianni
Posted Date: Monday, July 29, 2024
The seller of property in Moorestown, N.J., filed a breach of title action against the proposed buyers for backing out of the purchase after finding a right of first refusal on the property deed. After a trial court found the right of first refusal restricted the sale of the property, the seller appealed.
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Martin Tait, et al. v. Commonwealth Land Title Insurance Co.
Posted Date: Monday, July 29, 2024
When property owners found an easement prevented them from subdividing their property, they sought coverage from their title insurer. The insurer provided compensation based on the loss of value of the owner’s actual use of the property. The property owners filed suit, alleging the insurer failed to pay the full amount by which the property’s value was diminished.
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Cottonwood Acres LLC v. First American Title Insurance Co.
Posted Date: Monday, July 29, 2024
As part of a suit against an insurer alleging it failed to provide coverage under the title policy, the insured deposed a title operations manager at the insurer. The deposition was suspended when the parties disagreed on the line of questioning. The insured now seeks to compel the employee’s testimony.
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West 125th Street Realty LLC v. Chosen Realty Corp.
Posted Date: Monday, July 29, 2024
After being sued by the purchaser to invalidate an easement and for fraud, the seller filed suit against the title insurer and abstractor for indemnity. The case eventually went before a New York State appellate court.
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Moldovan v. Long
Posted Date: Monday, July 1, 2024
When the purchaser of property in Paradise Valley, Ariz., entered into an agreement to sell the property, the escrow agent for the transaction required a previously undisclosed deed be conveyed to the seller before the transaction could occur. The seller paid the deed holder to convey the deed to it but filed suit, arguing the escrow agent was negligent or breached its fiduciary duty.
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Providence Title Co. v. Truly Title Inc., et al.
Posted Date: Wednesday, June 26, 2024
As part of a lawsuit brought by her former employer for alleged trade secrets violations, a former title agency employee alleged her former employer went through her Gmail and LinkedIn accounts on the computer they provided after she left for another job.
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DJL AZ Investments LLC v. Chicago Title Insurance Co.
Posted Date: Wednesday, June 26, 2024
After being sued by its insured, a title insurer filed a third-party complaint against the owner of the subject property, seeking indemnification because the owner provided an inaccurate statement on an owner’s affidavit by failing to include an encumbrance on the affidavit.
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Kim Coolbeth v. Connecticut Attorneys Title Insurance Co., et al
Posted Date: Monday, June 10, 2024
For years, the owner of property in the town of Kent, Conn., had an understanding with his parents that he could park on their property and have access to his adjacent property. He lost that access when his parents sold the lot. He filed a claim with his title insurer, who denied it. After that, he filed suit against his title insurer for breach of contract.
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Carlos McKenzie v Keith Boodoo
Posted Date: Wednesday, June 5, 2024
In an action brought to quiet title by virtue of adverse possession and cancel a New York City declaration that the deed transferring ownership between two prior owners may be fraudulent, a New York state court determined whether the subject deed was fraudulent.
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Nationstar Mortgage LLC v. Ivelaw Scarville, et al
Posted Date: Wednesday, May 8, 2024
The subsequent owners of property in Garfield Heights, Ohio, appealed the confirmation of a sheriff’s sale following a judgment in foreclosure. They also sought to intervene in the foreclosure action.
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Sanford Sachtleben and Luciann Hruza v. Alliant National Title Insurance Co.
Posted Date: Monday, May 6, 2024
The Supreme Court of Missouri, sitting en banc, recently ruled in an appeal of a coverage dispute in favor of a title insurer. The property buyers unknowingly got involved in a legal dispute over the land because the sellers constructed a barn on the property in violation of the city’s zoning ordinances. The buyers sued their title insurer when the insurer denied coverage for the dispute.
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Wells Fargo Bank NA v. Commonwealth Land Title Insurance Co.
Posted Date: Wednesday, April 17, 2024
The Ninth U.S. Circuit Court of Appeals recently heard an appeal of a district court’s grant of summary judgment to a title insurer on a lender’s claims for coverage under its title policy when its deed was extinguished after a homeowners association enforced its superpriority lien for delinquent assessments.
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Real Advantage Title Insurance Co. et al. v. United States et al.
Posted Date: Wednesday, April 3, 2024
The title companies that eventually were forced to purchase property after the U.S. Department of Housing and Urban Development (HUD) failed to record a reconveyance of a deed of trust on a reverse mortgage it held filed suit against HUD and the loan servicer. The servicer’s email system had been compromised and bad actors sent a fraudulent payoff statement to the title companies when conducting a sale of the subject property.
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U.S. Bank National Association v. Fidelity National Title Group Inc.
Posted Date: Monday, April 1, 2024
A bank that held the mortgage on property in Las Vegas filed suit against the title insurer that insured the lender’s title interest after a homeowners association foreclosed on its lien and sold the property. The insurer moved to dismiss the case.
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Cary v. First American
Posted Date: Monday, March 25, 2024
After entering into a real estate purchase option agreement to help alleviate her growing debt, the owner of property in Washington State discovered the true terms of the agreement when she filed for voluntary bankruptcy. She then filed suit against the escrow agent that facilitated the transaction.
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Robert Casner v. Raymond Roberts
Posted Date: Wednesday, March 13, 2024
The developer of property in Connecticut filed suit against the owners of the property, arguing they breached the restrictive covenants encumbering the property by putting up a large garage on the property and operating a business from it.
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Johnston v. Flying S Title
Posted Date: Monday, March 4, 2024
The Supreme Court of Montana heard a case to determine whether a title company was contractually liable to homebuyers for title insurance on disputed properties. The district court had granted summary judgment in the title company’s favor.
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Keyvan Parsa v. WestStar Title LLC
Posted Date: Wednesday, February 28, 2024
A title company and the seller of property disputed whether the seller owed the title company money after the company stepped in to pay off the lien. A trial court affirmed summary judgment in the company’s favor and the seller appealed.
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Brian Seplow v. Closing Pro Inc
Posted Date: Wednesday, February 21, 2024
A buyer filed a class action against the real estate services firm that assisted in closing on property in Pottstown, Pa., for overcharging him for notary services, alleging claims under the state’s Revised Uniform Law on Notarial Acts, the Unfair Trade Practices and Consumer Protection Law, and unjust enrichment.
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In re: Shaw 3rd Holdings LLC
Posted Date: Tuesday, February 20, 2024
The replacement lender of two liens on property in Washington, D.C. filed an action to determine the priority of the two liens, after the property owner filed for bankruptcy.
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Vasilios Kiritsis et al. v. Stewart Title Guaranty Co.
Posted Date: Wednesday, February 14, 2024
When a neighbor found out the owners of property in Ocean City, Md., were selling their property to a developer who wanted to take down the current residence to replace it with three residential dwellings, they filed a complaint arguing the new owner would not be able to do that under the city’s zoning code. After their title insurer denied their claim to defend them in that action, the current owners filed suit against it.
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Sona Pillai v. David Scalia
Posted Date: Wednesday, February 14, 2024
A husband and wife and the wife’s mother purchased property in Westford, Mass., as joint tenants. After the spouses divorced and the mother passed away, the wife sold the property to a third party. The purchaser later sought to refinance her loan and was told of a potential title defect because there was a question of whether the mother’s descendants owned her interest in the property. The purchaser filed a complaint to address the possible issue.
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Susan Galette v. Avenue 365 Lending Services LLC and Newrez LLC
Posted Date: Wednesday, January 31, 2024
A former funding specialist sued the title agency she worked for, alleging that when it terminated her employment, it denied her a reasonable accommodation to which she was entitled under the Americans with Disabilities Act. She had worked remotely for two years before the company determined she could not perform all the essential functions from home.
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Andrew Christensen, et al. v. First American
Posted Date: Wednesday, January 31, 2024
The current owners of property in California sued the title insurer that conducted the transaction, as well as the former owners of the property and their real estate agents when they discovered they did not own the addition the former owners had purchased earlier.
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Chicago Title Insurance Co. v. Charles Valembrun
Posted Date: Thursday, January 18, 2024
After the first mortgage on property went into foreclosure, the holder of a second mortgage took out a title policy. The title insurer defended the second mortgage holder and entered into a settlement with the first mortgage holder. It then filed suit against the mortgagor for breach of contract and common-law indemnification.
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Eddy Copot v. Stewart Title Guaranty Co.
Posted Date: Thursday, January 18, 2024
The former employee of a title insurer sued their former employer, arguing that the insurer sued them for discriminatory reasons. After the court granted summary judgment in the employer’s favor, the employee sought relief from the judgment.
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Raymond Moss v. Clark County Title
Posted Date: Thursday, January 18, 2024
The seller of property in Vancouver, Wash., sued the escrow agent that conducted the sale of the property for failing to pay off a second mortgage on his former residence.
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JMMJ Development LLC v. Town of Greenport
Posted Date: Monday, January 8, 2024
The purchaser of property in the town of Greenport, N.Y., sued the town, arguing the town didn’t have a valid easement on its property for sewer and water lines. After a trial court ruled in the town’s favor, the purchaser appealed.
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In Re Chicago Title Insurance Co.
Posted Date: Monday, January 8, 2024
A title insurer asked an appellate court to compel a trial court to vacate its order denying the insurer’s motion to dismiss a suit for want of prosecution and to compel the trial court to dismiss the case for want of prosecution.
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Landfall Trust v. Fidelity National Title
Posted Date: Monday, December 18, 2023
A title insurer sought a court’s reconsideration in a breach of contract case. The U.S. District Court for the Eastern District of Virginia had found that the insured established the insurer’s breach of its title policy by failing to compensate the insured for losses incurred because of unmarketable title.
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Sharestates Investments LLC v. WFG National Title Insurance Co.
Posted Date: Monday, December 18, 2023
A lender filed suit against its title insurer after the insurer denied defense of the lender in a suit brought by a person alleging that the lender and others conspired to obtain fraudulent mortgages and aided and abetted a conman. Various motions went before the U.S. District Court for the District of Maryland.
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Gennaro v. North American Title
Posted Date: Monday, December 4, 2023
After purchasing property in California and purchasing title insurance, the buyer of the property was notified of land use violations on the property. The title insurer denied a claim regarding the violations and the buyer filed suit.
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21647 LLC v. Deutsche Bank National Trust Co., as indenture trustee for New Century Home Equity Loan Trust 2005-3
Posted Date: Monday, November 20, 2023
After a mistake on a mortgage was fixed, the borrower defaulted on the mortgage and the lender’s assignee attempted to foreclose on the unit. At the same time, the condominium association for the unit foreclosed on its lien on the property. An entity purchased the unit at the condominium association’s foreclosure auction and sought to quiet title to the property. The case eventually went before the 2nd U.S. Circuit Court of Appeals.
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Jha v. Chicago Title Insurance Co.
Posted Date: Thursday, November 16, 2023
When a couple purchased property in Woodinville, Wash., from a bank that had acquired the property after foreclosing on the previous owners, it agreed to do so as-is. It also obtained title insurance and later sought coverage for alleged title defects. The insurer denied all but one of the claims, and the couple sued.
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PennyMac Corp. v. Westcor Land Title Insurance Co.
Posted Date: Friday, November 10, 2023
The Supreme Court of Nevada recently heard an appeal from a district court order granting a motion for summary judgment in an insurance coverage and bad faith dispute arising out of an homeowners’ association foreclosure.
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Saybree Fillyaw v. Community National Bank & Trust, et al.
Posted Date: Friday, November 10, 2023
A party to real estate transactions filed suit against bank and title and escrow entities, alleging they violated her constitutional rights by racially discriminating against her and thwarting her transactions by breaching and interfering with contracts.
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WW3 Ventures LLC v. The Bank of New York Mellon
Posted Date: Friday, November 10, 2023
The Court of Appeals of Georgia considered whether a defective security deed, which does not provide constructive notice to future bona-fide purchasers of the subject property, may provide inquiry notice in view of a purchaser’s failure to inquire into the chain of title prior to purchasing the property.
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Dalton M. LLC v. North Cascade Trustee Services
Posted Date: Monday, October 30, 2023
The Supreme Court of Washington recently heard a case where the owner of property sued the lender that wrongly foreclosed on the property. The owner prevailed at trial court on both quiet title and damages for slander of title, and the trial court awarded substantial fees based on the slander of title claim. The appellate court reversed the slander of title claim but awarded fees to the owner on a new theory before the case was reviewed by the highest court of the state.
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Saticoy Bay LLC v. Feda
Posted Date: Monday, October 30, 2023
After a seller was unsuccessful in obtaining title insurance as required under the sales contract, it returned the buyer’s earnest money and canceled the contract. The buyer filed suit, seeking performance of the contract.
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Salas v. Commonwealth Land Title Insurance Co.
Posted Date: Monday, October 30, 2023
When a trust purchased property from a developer, the purchase and sales agreement required it to develop the lot within two years or the developer would have the right to repurchase the lot. The trust failed to do so and eventually settled with the developer, seeking coverage from its title insurer. The insurer declined coverage of the losses and the trust sued.
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Sundby v. Fidelity National Title Co.
Posted Date: Monday, October 30, 2023
A couple, as themselves and as trustees of a trust, filed suit against a title insurer for the purported wrongful foreclosure on their property. Two related cases are also making their way through the court system, and the court ruled it was necessary to stay this case pending appeal in the others.
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Commonwealth Land Title Insurance Co. v. Mohammad Islam
Posted Date: Thursday, October 19, 2023
After receiving a default judgment against a buyer and seller for unjust enrichment, a title insurer provided information at an inquest to provide evidence of the damages incurred. The court denied the request for damages and, after the court denied the request to reopen the inquest, the insurer appealed the decision.
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Landfall Trust LLC v. Fidelity National Title Insurance Co.
Posted Date: Thursday, October 19, 2023
The U.S. District Court for the Eastern District of Virginia heard renewed cross-motions for summary judgment from an insurer and its insured in a breach of contract case. The insured party alleged that its title insurer breached the policy contract in part by failing to compensate it for losses allegedly covered under the policy.
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Fletcher v. Merritt
Posted Date: Thursday, October 12, 2023
The owners of adjacent properties disputed the ownership of land between the two properties. One party filed a quiet title suit and was found to have superior title. The other party appealed.
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Clallam Title and Escrow v. Patricia Pronesti, Kyle Fritz
Posted Date: Thursday, October 12, 2023
A title company filed an interpleader action against a buyer and seller to resolve the conflicting claims to earnest money for a failed sale. The seller appealed a trial court’s order directing that interpleader funds be released to the buyer following a directed verdict in favor of the buyer.
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Trailhead Restriction, LLC v. City of Phoenix, et al.
Posted Date: Monday, October 9, 2023
A group of owners of property stemming from a decades-old land swap transaction sued the city of Phoenix and the title company that conducted the transaction, arguing that the deed and escrow instructions of the land swap prohibited the construction of trails on the subject property.
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Mer Rouge Partners LLC v. First American Title Insurance Co.
Posted Date: Monday, October 9, 2023
A buyer purchased hundreds of acres of property out of bankruptcy, as well as title insurance to cover the property, and later entered into a timber agreement to cut timber on part of the property. The previous owner had entered into a debt for nature conservation contract with the U.S. Department of Agriculture which prevented the harvesting of timber. Eventually, the buyer sued the title insurer to determine coverage under the policy for this issue.
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Chicago Title Insurance Co. v. Edward Schrader, et al.
Posted Date: Wednesday, September 27, 2023
A title insurer sued an insured seeking a declaratory judgment to determine the parties’ duties under the title policy after the insured refused to allow the insurer to pursue efforts to cure the alleged invalidity of the insureds’ deed.
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James Stewart v. First American Title Insurance Co.
Posted Date: Friday, September 22, 2023
A man sued his title company for consumer fraud and breach of contract. In 2021, a district court dismissed his complaint for failure to state a claim. A year later, after the court denied a motion to reconsider, the man filed a series of post-judgment motions. The district court denied those motions and the man appealed the decision to the Seventh U.S. Circuit Court of Appeals.
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Rosa DiTucci, et al. v. Christopher J. Ashby, et al.
Posted Date: Friday, September 22, 2023
As part of extensive litigation between numerous parties, a title insurer and its employee who acted as the escrow agent for the purchases of commercial real estate sought the dismissal of the claims against them. The plaintiff in the case sought to lift the stay of litigation pending arbitration.
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NY-32 Realty Group Inc. v. Westcor Land Title Insurance Co.
Posted Date: Thursday, September 14, 2023
A realty company sued their title insurer seeking indemnification and defense after several third parties alleged claims adverse to, or defects on, the title to property it purchased in Catskill, N.Y.
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PHH Mortgage Corp., successor by merger to Ocwen Loan Servicing LLC v. Old Republic National Title Insurance Co.
Posted Date: Thursday, September 14, 2023
The successor-in-interest to a loan servicer sued a title insurer for breach of contract for denying a claim to recover the value of loss under the title insurance policy. The U. District Court for the Western District of Texas denied the parties’ cross motions for summary judgment and dismissed the case for failure to join a required party. The parties appealed to the Fifth U.S. Circuit Court of Appeals.
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Elliott v. Fant
Posted Date: Friday, September 1, 2023
The former owner of property in Chesterfield County, Va., appealed a trial court’s order dismissing his claim for partition of the property and for damages against the new owner of the property after discovering an error on the deed that omitted one of the lots from the property. The new owner purchased the property from the former owner’s lender after the lender foreclosed and the former owner surrendered the property.
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OCC Bulletin 2013-29
Posted Date: Wednesday, October 30, 2013
The Office of the Comptroller of the Currency (OCC) updated its guidance for banks related to third-party relationships. The OCC’s Oct. 30 bulletin rescinds certain previous releases, and notes that banks face new or increased operational, compliance, reputation, strategic and credit risks when engaging in third-party relationships. The guidance also sets forth numerous expectations intended to help institutions manage these risks.
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Consumer Financial Protection Bureau v. Borders & Borders PLC
Posted Date: Friday, October 25, 2013
The Consumer Financial Protection Bureau filed an action against a Kentucky law firm, alleging that the firm violated RESPA’s kickback provisions. The bureau alleged that the firm, Borders & Borders PLC, and its principals, used a network of sham affiliated business arrangements to pay kickbacks in return for real estate settlement referrals.
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Michigan Executive Order No. 2013-1
Posted Date: Friday, January 18, 2013
Michigan Gov. Rick Snyder issued an executive order establishing the Department of Insurance and Financial Services, removing it from the purview of the Office of Financial and Insurance Regulation in the Department of Licensing and Regulatory Affairs. The goal is to provide a focal point of consumer protection, efficient regulation and spur insurance and financial services sector growth.
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Washington HB 1034
Posted Date: Wednesday, January 16, 2013
The Washington State Legislature is considering a bill that would make changes to the state’s escrow statutes.
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BB Syndication v. First American
Posted Date: Friday, January 11, 2013
A mortgage company filed suit over a dispute with its title insurer concerning the scope of coverage provided by a construction title insurance policy. The company believed it was covered by the policy because the mechanics liens at issue were filed before the insurer’s last date-down endorsement. The insurer disagreed.
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CFPB Ability-to-Repay rule
Posted Date: Monday, January 14, 2013
On Jan. 10, the Consumer Financial Protection Bureau ended the housing finance sector’s long wait for one of its most anticipated final rules, the ability to repay rule.
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REBA v. National Loan Closers
Posted Date: Thursday, December 13, 2012
The Superior Court of Suffolk County, Mass., handed down a judgment in an unauthorized practice of law (UPL) suit against a national closing company doing business in the state. Much like the case the Real Estate Bar Association for Massachusetts Inc. (REBA) brought against National Real Estate Information Services Inc. (NREIS), the company, National Loan Closers Inc., had hired Massachusetts attorneys to close real estate transactions it had worked on for companies doing business in the state.
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South Carolina HB 3134
Posted Date: Thursday, December 13, 2012
A bill prefiled in the legislature seeks to ensure that the mortgagee of record, the owner or holder of the debt instrument, the trustee or beneficiary of a deed of trust or the legal representative of attorney-in-fact of any of those parties may execute a mortgage satisfaction or deed of trust release. It also seeks to establish a new procedure and form for use in the execution of a mortgage satisfaction.
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California Department of Corporations Bulletin 001-12
Posted Date: Thursday, December 13, 2012
The California Department of Corporations issued a bulletin cautioning lender licensees that using the emerging agent vetting companies to pre-screen their agents may violate state law. It also warned escrow licensees that participating in an agent vetting program could violate state law.
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First American response to FDIC's CPL suit
Posted Date: Thursday, December 13, 2012
First American Title Insurance Co. filed an answer to the FDIC’s allegations that it failed to address claims on closing protection letters the insurer issued to Washington Mutual Bank.
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New Jersey AB 3497
Posted Date: Thursday, December 6, 2012
The New Jersey legislature will consider a bill that revises the state’s Fair Foreclosure Act by requiring servicers to document their right to foreclose and to offer consultations on alternatives to mortgage foreclosure, as well as provide an expedited process for foreclosing abandoned properties.
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Gondeck v A Clear Title
Posted Date: Monday, October 22, 2012
A managing member of an Illinois title agency and another company employee sought dismissal of the claims brought against them as part of a suit against the agency. Two former customers alleged in the suit that they were the victims of a mortgage fraud scheme involving the misappropriation of funds they deposited into escrow accounts with the company. The employees’ motion went before the U.S. District Court of the Northern District of Illinois.
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Stewart Title Guaranty Co. v. Timothy Finney
Posted Date: Friday, November 2, 2012
After a circuit court in Kentucky certified two classes of consumers in a reissue rate suit against Stewart Title Guaranty Co., the insurer appealed to the Court of Appeals of Kentucky. The appeal revolved around a subgroup certification the court had made.
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Montana LC0027
Posted Date: Friday, November 30, 2012
The Montana Legislature pre-filed a bill that puts forth several requriements for the mainteannce of residential real estate escrow accounts.
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Title Insurance Guaranty Fund Working Group Memo 11-9-12
Posted Date: Friday, November 9, 2012
Before meeting to discuss the issue further, the Title Insurance Guaranty Fund Working Group chairs sent a memo to its members regarding research NAIC staff had conducted to help determine whether the group should pursue model ittle insurance guaranty fund legislation.
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Murphy v. MERS
Posted Date: Thursday, November 8, 2012
The 8th U.S. Circuit Court of Appeals partially reversed a lower-court decision to dismiss quiet title claims in a suit against MERS and the loan servicer who handled the foreclosures on several Minnesota properties while affirming the dismissal of the remaining counts against the defendants.
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Stewart motion for more definite statement against FDIC
Posted Date: Thursday, November 8, 2012
Stewart Title Guaranty Co. responded to allegations from the Federal Deposit Insurance Co. by filing a motion for a more definite statement. The FDIC, acting as receiver for Washington Mutual Bank had been seeking to recover funds from underwriters after discovering their title agents had allegedly defrauded the bank.
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ATIF response to FDIC CPL suit
Posted Date: Friday, November 2, 2012
Attorneys’ Title Insurance Fund filed its response to the Federal Deposit Insurance Corp.’s closing protection letter suit by filing a motion for a more definite statement. It alleges that the allegations cannot be lumped into two claims.
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Fannie Mae v. Hendricks
Posted Date: Friday, October 26, 2012
The Massachusetts Supreme Judicial Court rejected a significant challenge to Massachusetts foreclosure procedures. Now it will be harder to challenge foreclosures in the state.
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Kimble v. Land Concepts
Posted Date: Thursday, October 11, 2012
After reaching a settlement with the current owners of property in Wisconsin, former owners counter-sued the current owners’ title insurer for breach of bad faith and breach of contract for not covering an easement dispute. The case eventually went before the Court of Appeals of Wisconsin.
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CFPB extends deadline for new disclosures
Posted Date: Friday, November 16, 2012
The Consumer Financial Protection Bureau announced that it will give industry extra time to provide certain new disclosures required under the Dodd-Frank Wall Street Reform and Consumer Protection Act in order to allow a more seamless integration with other mortgage disclosures that have been proposed by the bureau. Industry will not be required to provide those disclosures until after the bureau’s previously proposed mortgage disclosure rules are finalized.
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HUD Mortgagee Letter 2012-11
Posted Date: Monday, November 19, 2012
The U.S. Department of Housing and Urban Development notified all Federal Housing Administration approved mortgagees that it is implementing changes regarding title approval at conveyance. The changes include requirements to pay unpaid taxes and provide title evidence for manufactured housing before conveyance occurs.
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HUD Mortgagee Letter 2012-21
Posted Date: Wednesday, October 31, 2012
The U.S. Department of Housing and Urban Development notified all Federal Housing Administration approved mortgagees that it is extending the deadline to implement changes regarding title approval at conveyance. The changes include requirements to pay unpaid taxes and provide title evidence for manufactured housing before conveyance occurs.
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ALTA comment letter on mortgage disclosures 11-6
Posted Date: Tuesday, November 6, 2012
Meeting the deadline to submit comments to the Consumer Financial Protection Bureau regarding the combined mortgage disclosures it is creating, the American Land Title Association submitted its latest comment letter, noting that the form is progressing, but still misses the mark on some points.
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Bea Huml v. Mortgage Electronic Registration Systems Inc.
Posted Date: Thursday, October 25, 2012
The U.S. District Court for the Western District of Texas granted Mortgage Electronic Registration Systems Inc.’s motion to dismiss a case against it that alleged improper foreclosure using “robo-signed” documents. Read on for the court’s reasoning.
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Montgomer County v. MERS
Posted Date: Friday, October 19, 2012
A U.S. District Court in Pennsylvania rejected Mortgage Electronic Registration Systems Inc.’s arguments that it was not required to record an assignment of mortgage every time a mortgage for which it was nominee was bought and sold on the secondary market.
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FDIC v. Attorneys' Title Insurance Fund Inc.
Posted Date: Thursday, October 25, 2012
The Federal Deposit Insurance Corp., acting as receiver for Washington Mutual Bank, sued Attorneys’ Title Insurance Fund Inc., seeking to enforce closing protection letters Attorneys’ Title issued to WaMu.
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Buildign a new infrastructure for the secondary mortgage market
Posted Date: Thursday, October 11, 2012
The Federal Housing Finance Agency (FHFA) is seeking public feedback on its plan to craft a new infrastructure for the secondary mortgage market. The proposed framework, released as a white paper, includes the creation of a common securitization platform and a model pooling and servicing agreement. The goal is to have an infrastructure that is consistent with housing finance reform.
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ALTA comments on finance charge definition
Posted Date: Friday, October 12, 2012
The American Land Title Association wrote a comment letter to the Consumer Financial Protection Bureau regarding its proposal to amend the Truth in Lending Act and its definition of the finance charge for residential mortgages.
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EIC comment letter on mortgage disclosures
Posted Date: Monday, September 3, 2012
While many in the title and settlement services industry are lobbying to maintain the job of mortgage disclosure preparation, others, such as members of the Escrow Institute of California, are wary of continuing in that role. The EIC wrote a comment letter to the CFPB on the issue.
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California AB 2303
Posted Date: Saturday, September 29, 2012
The California Land Title Association announced the passage of AB 2303, a bill in which it had sponsored amendments to add title insurers and underwritten title companies to a list of escrow service providers under Civil Code 1946.1, which governs notice to tenants prior to the termination of their tenancy.
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FDIC complaint against First American
Posted Date: Tuesday, October 9, 2012
The FDIC brought a complaint against First American, alleging the insurer did not honor its commitments under several closing protection letters.
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FDIC complaint against Stewart Title
Posted Date: Tuesday, October 9, 2012
The FDIC brought a complaint against Stewart Title, alleging the insurer did not honor its commitments under several closing protection letters.
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Bridges v. JPMorgan Chase
Posted Date: Thursday, October 4, 2012
A Texas woman sued Mortgage Electronic Registration Systems Inc. and others, alleging statutory fraud, fraudulent foreclosure and negligent misrepresentation.
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Whitlock v Stewart Title
Posted Date: Wednesday, September 12, 2012
While a district court ruled that a title insurer was liable under the policy for an unremovable defect, it left it up to the South Carolina Supreme Court to determine how to calculate the damages. Read
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FDIC v. ATIF complaint
Posted Date: Tuesday, October 2, 2012
The Federal Deposit Insurance Corp., acting as receiver for Washington Mutual Bank, sued Attorneys’ Title Insurance Fund Inc., seeking to enforced closing protection letters Attorneys’ Title issued to WaMu.
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NAIC escrow theft white paper 9-20-2012
Posted Date: Thursday, September 27, 2012
The National Association of Insurance Commissioners' Title Task Force has been working on a white paper to guide regulators and industry members in addressing escrow theft. They shared the first version on Sept. 20.
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NAILTA white paper on title agent vetting
Posted Date: Wednesday, September 26, 2012
The National Association of Independent Land Title Agents released a white paper outlining its concern with the third-party vetting companies popping up across the country, as well as providing its own solution to the lenders’ dilemma of how to prove title agents have proper policies and procedures in place.
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United Community Bank v. Prairie State Bank and Trust
Posted Date: Wednesday, July 11, 2012
A purchaser and seller hammered out an unrecorded purchase agreement, unaware of a judgment lien placed on the property. The title company who insured the transaction didn’t identify the lien, but paid off the most senior lien, a construction loan. When the issue of who had priority came before a trial court in Illinois, the trial court sided with the judgment lien holder, saying the title company should be the real party in interest because it was providing the defense because of its mistake in not identifying the judgment lien. The purchaser appealed the decision to the Fourth District Appellate Court of Illinois.
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TLTA letter to TDI regarding title agent vetting
Posted Date: Friday, August 24, 2012
After receiving information from concerned members regarding third party vetting agencies, the Texas Land Title Association sent a letter to the Texas Department of Insurance, highlighting the concerns it has been hearing.
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Saul v. Fidelity
Posted Date: Wednesday, July 18, 2012
When refinancing her property, a homeowner in New York found that Home Heating Oil Corp. had obtained a UCC-1 fixture filing against her property to cover debt owed by the previous owner. After the title insurer denied coverage because the fixture was not part of the property, a trial court in New York had to determine whether such a lien was actually covered.
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Ritchie v. Capital Indemnity Corp.
Posted Date: Tuesday, July 31, 2012
A federal court granted a fidelity bond claimant partial summary judgment against the insurer, after the claimant’s escrow funds were embezzled by the escrow officer. The insurer had denied the claim for a host of reasons, including that the bond had been cancelled 10 days before the claimant had deposited funds with the escrow company.
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Puri v. First Southwestern Title
Posted Date: Monday, July 25, 2011
The First District Court of Appeal of California heard a case in which the holder of a third deed of trust on property sold in a short sale, who did not have his lien satisfied, eventually sued the title company who conducted the title work for attorneys fees after having to defend his lien against the property.
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FinCEN report on title industry
Posted Date: Tuesday, May 8, 2012
The Financial Crimes Enforcement Network has released a targeted study analyzing reports indicating suspicious activities involving the title and escrow industry. It identified thousands of instances of reports of suspicious activity involving title and escrow companies.
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Demotech Escrow Theft: Today’s Challenge in Title Insurance
Posted Date: Wednesday, June 6, 2012
Demotech Inc. has published its study, Escrow Theft: Today’s Challenge in Title Insurance. This study observes the relationship between title insurance loss and loss adjustment expense ratios and the relative strength of state regulations for title insurance agents.
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Coalition letter on "All-In" APR
Posted Date: Monday, September 10, 2012
Less than a week after the Consumer Financial Protection Bureau extended the comment period on its proposed “all-in” APR, the American Land Title Association, American Escrow Association and several other real estate industry trade organizations shared their concerns about the proposal and its potential impact.
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Wyoming HB 25
Posted Date: Thursday, March 29, 2012
Wyoming has become the latest state to ban private transfer fees.
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West Virginia HB 4250
Posted Date: Tuesday, January 31, 2012
The West Virginia legislature has introduced its version of the Uniform Real Property Electronic Recording Act, which, if passed, would allow electronic documents to be recorded in county recorders’ offices across the state.
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Washington, DC B19-0489
Posted Date: Tuesday, March 27, 2012
A bill amending Washington, D.C.’s current mechanic’s lien law to permit a contract to file a notice of mechanic’s lien during the construction of a project and make other changes, has passed through the D.C. Council and awaits the mayor’s signature
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Galiano v. Fidelity
Posted Date: Tuesday, July 3, 2012
Finding the plaintiffs had not alleged factual content to support their claim that title insurers in New York paid kickbacks to their title agents for business referrals, the 2nd U.S. Court of Appeals affirmed a lower court decision dismissing the case.
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Francis Bevilacqua v. Pablo Rodriguez
Posted Date: Tuesday, October 18, 2011
In a much anticipated decision by the Massachusetts Supreme Judicial Court (SJC), the court held that a third party purchaser at a foreclosure sale did not hold title to a property that had improperly been foreclosed upon by the foreclosing lender.
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Washington SB 6235
Posted Date: Wednesday, February 15, 2012
The legislature of Washington state could be amending its escrow licensing law, adding to the definition of escrow as well as exempting licensees from the Consumer Loan Act.
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Washington SB 6218
Posted Date: Tuesday, April 10, 2012
Washington Gov. Christine Gregoire signed a bill that provides additional exemptions from the requirement that all persons who engage in escrow business be licensed escrow agents.
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Forbes v. Chicago Title
Posted Date: Friday, February 17, 2012
A California appellate court determined that a title company was not liable for damages where the agent recorded the deeds provided by the client and issued the insurance policy. In its role as escrow holder, the court said, the company had no duty to determine whether the property description was accurate. The owner of the property contended that had asked for two sections of a property to be transferred and insured, while the legal description on the deeds referred to only one section.
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Virginia HB 1082
Posted Date: Thursday, March 8, 2012
The General Assembly of Virginia is considering a bill that would amend the amount of recordation tax a person would have to pay when recording a deed of trust on a refinance.
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First Tennessee Bank v. Lawyers Title
Posted Date: Tuesday, April 17, 2012
A division of First Tennessee Bank loaned money to an individual under the assumption the company was secured by a second mortgage. First Tennessee soon realized, however, that Countrywide Home Loans had obtained a superior lien, making First Tennessee a third mortgage. Countrywide Home Loans began a foreclosure proceeding, causing First Tennessee Bank to fight for indemnification.
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Virginia HB 280
Posted Date: Tuesday, January 24, 2012
The Virginia General Assembly is considering a bill that, if passed, would allow attorneys, settlement agents and title insurance companies to file corrective affidavits if obvious description errors are found in a recorded deed.
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First Merchants Bank v. Gower
Posted Date: Friday, March 2, 2012
After an order of sale in a foreclosure action had already been entered, and without either party objecting to the procedure, a trial court in Ohio brought into question a law governing foreclosures in the state. The Ohio Attorney General stepped in and asked for an appeal of the court’s decision.
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First American v. Western Surety Co.
Posted Date: Friday, March 2, 2012
The Virginia Supreme Court ruled that title insurance companies operating in the state can sue under a surety bond issued as required under the Virginia Consumer Real Estate Settlement Protection Act, a question that had been plaguing the state’s trial courts.
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First American v. Resource Real Estate Services
Posted Date: Tuesday, August 7, 2012
A national title insurer sought reimbursement from its agent after indemnifying an insured in a series of court actions stemming in part from the agent’s negligent acts. The agent refused and sought to dismiss the suit that followed.
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FIrst American v. Western Surety
Posted Date: Wednesday, August 8, 2012
After receiving answers to certified questions by the Virginia Supreme Court, the 4th U.S. Circuit Court of Appeal determined that a title insurer was covered as subrogee for a lender under a required surety bond.
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Tennessee SB 2890
Posted Date: Thursday, May 24, 2012
Tennessee Gov. Bill Haslam signed a bill that makes it a crime for someone to file a lien on property without reasonable basis for doing so.
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First American v. Ordin
Posted Date: Wednesday, September 14, 2011
After purchasing title insurance and transferring title to their property several times, property owners in California discovered an encroachment on their property that prevented them from selling it. The claim dispute eventually went to arbitration. When the arbitrator ruled in favor of the property owners, the title insurer appealed.
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South Carolina SB 1319
Posted Date: Tuesday, March 13, 2012
The South Carolina General Assembly ratified legislation that allows title insurers in the state to issue closing or settlement insurance and establish procedures for getting the premium charged for this new protection approved by the governor.
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First American v. MacLaren LLC
Posted Date: Friday, March 9, 2012
After a mistake on a deed provided the buyer more land than agreed upon, the seller sued the purchaser to fix the deed. Fighting the suit against it, the purchaser tendered defense of the suit to its title company. The title company then filed suit against the purchaser, seeking declaratory judgment finding it did not have to defend the initial suit. Read on to find out what the U.S. District Court for the District of Delaware had to say about the case.
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South Carolina HB 4678
Posted Date: Thursday, February 2, 2012
The General Assembly of South Carolina is considering a bill that, if passed, would allow additional parties to execute mortgage satisfactions or deed of trust releases.
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First American v. Apex Title
Posted Date: Thursday, August 16, 2012
After having to make several payoffs that should have been made through an attorney’s escrow account, a national title insurer sued the attorney, his family and their other businesses. However, the underwriter also sued the bank where the attorney held his escrow accounts. The attorney filed a counterclaim against the bank as well, arguing that the bank should have notified him directly and returned insufficient checks rather than allowing the account to go into overdraft.
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First American Title v. Gregory Lyons
Posted Date: Tuesday, April 17, 2012
An insured tried to SLAPP down a lawsuit filed against it by an underwriter trying to regain money it spent to clear a judgment lien. The company argued the insured misrepresented the status of the property and the judgment lien. Read on to find out what happened when the case went before the Court of Appeal, Fifth District, California.
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Fifth Third v. Hance
Posted Date: Thursday, September 29, 2011
Can a closing protection letter (CPL) be issued post closing, or is a CPL, by its very nature, legally a prospective, rather than retroactive document? Two Michigan judges wrangled over the contractual language and arrived at far different conclusions.
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Fifth Third Mortgage Co. v. Chicago Title
Posted Date: Thursday, August 30, 2012
After it was discovered that a title agent and straw buyer defrauded a lender, the lender went to its title insurer for coverage. The underwriter denied the claim. In the suit that followed, the underwriter argued that it was not required to indemnify the lender because if the lender had better underwriting practices, it would have discovered the scam. The case eventually went before the 6th U.S. Circuit Court of Appeals.
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Fidelity v. Captiva Lake Investments
Posted Date: Friday, August 17, 2012
A title company refused to give a claims report to the successor in interest to a loan policy it issued. The policy holder moved to compel the information. The case went before the U.S. District Court for the Eastern District of Missouri.
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Fidelity v. 1st Trust Title
Posted Date: Friday, October 21, 2011
With a deed of trust still lingering on property in Tennessee, the property owner went through the process of obtaining another loan, providing an owner’s affidavit saying the first deed of trust would be paid off. The title insurer sued the property owner after discovering the property owner had not paid off the first deed of trust.
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Fey Family v. Commonwealth
Posted Date: Tuesday, February 28, 2012
A California appellate court upheld a lower court’s dismissal of the title insurance defendants from a negligence case for failure to state a cause of action, noting that the plaintiff failed to allege facts to show the companies owed it any duty of care and opining that no amendment could cure the defects.
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Eaton v. Federal National Mortgage Association
Posted Date: Friday, June 22, 2012
After months of anticipation and concern on the part of consumer advocates and members of all aspects of the mortgage industry, the Massachusetts Supreme Judicial Court (SJC) handed down a decision in Henrietta Eaton v. Federal National Mortgage Association (No. SJC-11041), and the answer they gave provided something for both sides to cheer about.
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Dyer v. Stewart TItle
Posted Date: Monday, April 16, 2012
After an alleged swindle, Michelle Dyer attempted to recover monetary damages she lost. Her payments, held in the defendant’s Title Connection escrow, were disclosed to two individuals working for Harbor Funding without an established loan commitment or a loan closing schedule. Dyer files suit for securities fraud, breach of contract and professional negligence.
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Duffy v. Lawyers Title
Posted Date: Friday, February 24, 2012
A district court denied a title insurance company’s motion to dismiss in an equity skimming case, saying the caselaw was unclear as to whether the plaintiffs could properly plead a violation of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law under the circumstances. The court also refused to dismiss a civil conspiracy claim, saying at this stage of the proceedings, the exact relationship of the parties cannot be ascertained for the purposes of determining the relevance of the intracorporate conspiracy doctrine.
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Double AA v. Lawyers Title
Posted Date: Monday, April 4, 2011
Buyers sought determination that contract for construction and purchase of condominium was voidable, based on developer's failure to comply with its escrow obligations under Florida law, and also sought to recover from escrow agent. The United States District Court for the Southern District of Florida, No. 1:08-cv-23444-CMA, Cecilia M. Altonaga, J., 2010 WL 1258086, entered judgment in favor of buyers, and developer and escrow agent appealed.
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Deutsche Bank v. Lippi
Posted Date: Friday, January 20, 2012
The Fifth District Court of Appeal of Florida reversed a circuit court judgment, finding that an assignment endorsed in blank of a promissory note and an allegation that it was the owner and holder of the note at the time of a foreclosure filing was enough to establish standing.
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Data Trace v. Cuyahoga County Fiscal Officer
Posted Date: Wednesday, February 29, 2012
In a win for industry members seeking access to property records at a reasonable cost, the Ohio Supreme Court ruled in favor of two title search companies who sought a writ of mandamus ordering the Cuyahoga County Fiscal Officer to provide electronic copies of real estate title documents at the actual cost of copying the digital images of the requested documents. Read on to find out the court’s reasoning.
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Rhode Island HB 7059
Posted Date: Thursday, January 19, 2012
A bill has been introduced in the Rhode Island legislature that would make residential mortgage fraud a criminal offense under state law and establish a statute of limitations for it and related crimes.
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CSK Investments LLC v. Select Portfolio Servicing
Posted Date: Tuesday, January 3, 2012
To fulfill a capital contribution requirement with his investment company, the owner of property in Scottsdale, Ariz., delivered the property to the company by quitclaim deed. When it was discovered that there was a mortgage on the property and it was being sold at trustee’s sale, the owner sued his title company to enforce the policy.
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Commonwealth v. Higgins
Posted Date: Monday, February 7, 2011
Florida homeowners sued two title insurers alleging they were not provided a reissue rate discount when they refinanced their home loans. After a trial court granted class certification to Florida homeowners who allege they were not provided a reissue rate when they refinanced their home, the title insurers appealed the decision.
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Oklahoma SB 1299
Posted Date: Tuesday, March 6, 2012
The New Mexico legislature is considering a proposal to amend Article II of the state constitution to place the regulation of insurance companies into the hands of an elected superintendent of insurance.
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Commonwealth Property Advocates v. MERS
Posted Date: Friday, December 23, 2011
The third-party buyer of three pieces of property in Utah, who purchased the property from defaulting borrowers, sued the various defendants who held interests in the property, seeking to prevent foreclosure. The company argued that the defendants had no authority to foreclose because the notes had been securitized, necessitating the approval of each investor in order to foreclose. After each of three cases was dismissed, the purchaser appealed to the 10th U.S. Circuit Court of Appeals.
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Close, Jensen and Miller v. Fidelity
Posted Date: Tuesday, July 12, 2011
Title insurers for two properties sued the surveyor of buildings for damages after receiving claims from the owners due to encroachments that were not on the “as built” survey provided by the surveyor. After its liability insurer paid out damages to the title companies, the surveyor sued the title insurers to recover those damages. The case was eventually heard by the Appellate Court of Connecticut regarding whether the principles of res judicata had been properly applied in this case.
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CitiMortgage v. Absolute Title
Posted Date: Monday, April 2, 2012
After it was discovered that a closing agent failed to pay off prior mortgages when conducting several refinance transactions, the lender went to the underwriter to make it whole. When the underwriter denied the claim, the lender sued for breach of contract, among other things.
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Chase v. Shelton
Posted Date: Monday, February 27, 2012
The Supreme Court of Georgia recently heard a case involving title to a house in Forsyth County, Ga., in which title to the property was clouded when a man transferred property via quitclaim deed to his wife and children and later purportedly transferred the property back to himself. The property was later foreclosed upon, purchased by another lender and re-sold to third-party buyers.
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North Carolina SB 42
Posted Date: Thursday, July 12, 2012
A bill has been introduced in the Rhode Island legislature that would make residential mortgage fraud a criminal offense under state law and establish a statute of limitations for it and related crimes.
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Chicago Title v. Washington State Office of the Insurance Commissioner
Posted Date: Wednesday, February 29, 2012
Chicago Title Insurance Co. recently sought reversal of a Washington State Office of the Insurance Commissioner ruling, arguing that the ruling erroneously imposed vicarious liability on the title insurer for the regulatory violations of its agent, merely because the insurer underwrites the agent’s insurance policies. Read on to find out what the Court of Appeals of Washington had to say when it ruled in the case.
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New Mexico HJR 13
Posted Date: Thursday, February 9, 2012
The New Mexico legislature is considering a proposal to amend Article II of the state constitution to place the regulation of insurance companies into the hands of an elected superintendent of insurance.
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Chapman v. Commonwealth
Posted Date: Thursday, September 1, 2011
After allegedly being charged an unearned fee for title insurance when he refinanced his mortgage, a Texas homeowner sued his title insurer for money had and received, unjust enrichment, violations of RESPA and breach of implied contract. When the RESPA claims were dismissed, the title insurer motioned for summary judgment on the state law claims, arguing that the court lacked subject matter jurisdiction over these issues.
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Branch Banking and Trust v. Nevada Title
Posted Date: Wednesday, August 3, 2011
After failing to establish the primacy of an outstanding loan in state court, a defunct bank’s successor filed a federal suit against the title insurer involved in the deal. The court dismissed the complaint under the doctrine of collateral estoppel. The successor asked the court to amend its order, arguing that court’s finding regarding a Federal Deposit Insurance Corp. (FDIC) purchase and assumption agreement should be removed from the record because the issues involved were not litigated at the state level. The court denied the motion, determining that collateral estoppel should apply.
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New Jersey SB 128
Posted Date: Thursday, January 26, 2012
The New Jersey legislature has introduced a bill that, if passed, would establish residential mortgage fraud as a separate crime in the state.
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New Jersey AB 1866
Posted Date: Thursday, March 1, 2012
The New Jersey legislature is considering a bill that would require mortgage holders to issue pay-off letters to facilitate the payment of residential property mortgages as well as additional processes to discharge them of record.
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Branch Banking and Trust Co. v. First American
Posted Date: Friday, February 17, 2012
A federal district court ordered a plaintiff to join additional parties to a lien dispute case, saying the title insurer could not establish liability for loss or damage until there was a final determination of ownership and/or lien priority. Read on for details about the complicated land transaction that led to the dispute.
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New Jersey AB 3052
Posted Date: Thursday, June 14, 2012
The New Jersey legislature is considering a residential mortgage satisfaction act, placing certain requirements on mortgage holders to issue pay-off letters to facilitate the payment of residential property mortgages, clarifying who may request a pay-off letter, and providing an additional process to discharge mortgages of record.
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Bourne v. Stewart Title
Posted Date: Wednesday, December 7, 2011
After a property owner got into a series of property disputes with a town in New Hampshire, he turned to his title company to defend him. When the company refused, he sued for breach of contract. The case eventually made it to the U.S. District Court for the District of New Hampshire on cross-motions for summary judgment.
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Boucher v. First American
Posted Date: Tuesday, July 24, 2012
In a second attempt to certify a class of Washington state homeowners who had allegedly been overcharged for title insurance during a refinance transaction, a couple once again fell short of providing the needed information to prove to the court that they can efficiently and reliably identify class members.
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Barton v. Vallejos
Posted Date: Friday, June 15, 2012
Sometime after the sale of property in Utah, the purchasers discovered an oil and gas company was going to drill on their property, making part of the property unusable. They sued the sellers and the escrow company, who they felt breached the title policy and engaged in negligent misrepresentation by not informing them of the lease. Read on to find out what the U.S. District Court for the District of Utah had to say when the escrow company filed a motion for summary judgment against the buyer.
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Associated Bank v. Stewart Title
Posted Date: Friday, July 27, 2012
The U.S. District Court for the District of Minnesota broke down the parties’ arguments in determining what duties a title insurer had to a lender who had discovered it was a victim of a real estate investment scam. The buyer had made the loan unknowingly, thinking it was part of a group of real estate investors. The lender and buyer reached a settlement on the amount owed before the lender sued the title company for breach of contract.
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Arthur Chassen v. Fidelity National Financial Inc
Posted Date: Tuesday, January 10, 2012
Last year the U.S. Supreme Court decided that the Federal Arbitration Act preempted a California law regarding the unconscionability of arbitration waivers. Until that point, a class action suit against several title insurers alleging their settlement agents violated individual closing protection letters did not address the letters’ arbitration clause. Once the decision was rendered, however, the title insurers indicated their intent to arbitrate and asked the U.S. District Court for the District of New Jersey to compel arbitration.
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Ahmad v. Old Republic
Posted Date: Monday, August 13, 2012
Following its reversal in Benavides v. Chicago Title based on similar issues, the 5th U.S. Circuit Court of Appeals reversed a Texas district court’s grant of class certification in a reissue rate case against another national underwriter.
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266 Summit LLC v. Lawyers Title
Posted Date: Friday, July 22, 2011
When an insured party to a series of transactions gets sued in multiple cases, it turns to the title insurer to defend it. When the insurer refuses to pay for the insured party’s loss, the insured party sues, leaving it up to the U.S. District Court for the District of Minnesota to decide.
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16th & K Hotel v. Commonwealth
Posted Date: Wednesday, August 3, 2011
A title insurer was sued for breach of the owner’s policy by a hotel that was unable to expand the property it purchased because of an undisclosed brick wall that attached the purchased property to the next lot. The title insurer demanded that the case be dismissed because the hotel’s lenders had not joined as parties to the suit.
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Missouri HB 2070
Posted Date: Tuesday, March 20, 2012
The Missouri legislature is considering several amendments to its mechanic’s lien laws, changing requirements regarding notices required under the law.
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Mississippi SB 2734
Posted Date: Tuesday, March 20, 2012
The Mississippi Senate passed a bill that clarifies that public access to a public record will not be diminished because components of data are stored in a certain manner.
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Minnesota SF 2340
Posted Date: Thursday, March 15, 2012
The Minnesota legislature is considering a bill that, if passed, would exempt certain people from the state’s closing agent licensure requirements.
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Minnesota HB 1595
Posted Date: Thursday, March 15, 2012
The Minnesota legislature is considering a bill that would provide a process for unaffixing manufactured homes from real property.
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Massachusetts HB 4323
Posted Date: Tuesday, August 21, 2012
The Massachusetts Supreme Judicial Court shook the real estate industry in the state after making a series of potentially troubling decisions in the wake of the foreclosure crisis. To address the issues that remained after the court’s decision, the Massachusetts legislature worked quickly to adopt a new law to provide clarity to the real estate market and address disquieting foreclosure practices.
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Maryland SB 724
Posted Date: Tuesday, April 10, 2012
The Maryland General Assembly has done away with its original plan to adopt additional closing protection regulations, seeking instead a study on closing protection practices in the state.
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Maryland SB 591
Posted Date: Thursday, May 31, 2012
Maryland Gov. Martin O’Malley has signed a bill that establishes procedures for affixing manufactured homes to real property and severing the manufactured home from the property.
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Maryland HB 866
Posted Date: Thursday, May 31, 2012
With the governor’s signature on legislation ordering a study on the topic, the Maryland Insurance Administration will now get to work examining closing protection practices in the state.
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Gibbs v. PrimeLending
Posted Date: Thursday, June 16, 2011
When an Arkansas couple sued several parties following an apparent instance of escrow fraud, some of the alleged conspirators argued that the use of the conspiracy theory of in personam jurisdiction at the federal level violated state law. A U.S. district court presented the matter to the state supreme court in the form of a certified question. That court found that the conspiracy theory does not violate due process rights.
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GMAC Mortgage v. First American
Posted Date: Tuesday, February 28, 2012
The U.S. District Court for the District of Massachusetts is asking the state’s Supreme Judicial Court to answer certified questions regarding whether a title insurer was obligated to defend a lender against all related claims after curing a title defect through litigation. This is a case of first impression in the state.
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Gondeck v. Clear Title
Posted Date: Wednesday, August 22, 2012
After discovering they were victims of a real estate investment scheme, two investors sued the escrow company that conducted the scam, as well as the company’s title insurer. The title insurer argued that it should not be party to the suit because the escrow company wasn’t its agent for escrow purposes. Its motion to dismiss the claims against it went before the U.S. District Court for the Northern District of Illinois.
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Maryland HB 1374
Posted Date: Tuesday, May 22, 2012
Gov. Martin O’Malley has signed a bill that allows for the option of pre-file mediation between a foreclosing party and mortgagor.
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Maine LD 1881
Posted Date: Thursday, March 22, 2012
The Maine legislature introduced a bill that would prohibit any entity from reselling abstracts and deeds in digital form.
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Iowa HF 2351
Posted Date: Thursday, March 8, 2012
The Iowa legislature is considering a bill that would adopt the Uniform Law Commission’s Revised Uniform Law on Notarial Acts.
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Indiana SB 298
Posted Date: Tuesday, April 3, 2012
The Indiana legislature has passed a bill that will allow interested parties to adjudicate the rights of an omitted party in a foreclosure action and provides for the expiration of a mortgage lien if it is not enforced within a certain amount of time.
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Illinois SB 3180
Posted Date: Thursday, February 9, 2012
The Illinois General Assembly is considering a bill that would add an exception to the prohibition against a title insurance company making disbursement in connection with any escrows, settlements or closings out of a fiduciary trust account.
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Illinois SB 3712
Posted Date: Tuesday, February 14, 2012
Title agents in one state may have additional registration requirements, including submitting an affidavit affirming that the applicant has never been convicted of a crime of theft or dishonesty.
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Illinois SB 2953
Posted Date: Wednesday, February 15, 2012
The Illinois General Assembly is considering a bill that would amend the state’s Conveyancing Act.
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Hawaii HB 1704
Posted Date: Tuesday, January 17, 2012
The Hawaii Legislature is considering a bill that will add new requirements for the title reports the title industry prepares, as well as additional penalties for not complying with these new requirements.
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Georgia SB 331
Posted Date: Tuesday, May 8, 2012
Title insurers in Georgia can now issue closing protection letters for real estate transactions they insure and charge a fee for the service. Gov. Nathan Deal signed a bill approving legislation governing CPLs, which went into effect immediately.
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Georgia HB 333
Posted Date: Tuesday, May 8, 2012
Georgia Gov. Nathan Deal signed a bill that would amend the requirements for providing notice of a foreclosure sale in the state.
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Georgia SB 365
Posted Date: Thursday, June 28, 2012
On July 1, the definition of settlement agent in Georgia will change, eliminating anyone who is not a lender or lawyer to participate in the settlement process.
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California AB 2326
Posted Date: Monday, September 24, 2012
The General Assembly of California has adopted a new law adding requirements to the notarization of real estate documents.
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Calif. AB 407
Posted Date: Thursday, January 12, 2012
The California State Assembly is considering an increase in the amount a mortgagee or its assignee must pay if they do not provide a certificate of discharge within a certain amount of time after the mortgage has been satisfied.
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California AB 1745
Posted Date: Tuesday, April 3, 2012
The California General Assembly is considering a bill that would require lenders to follow new procedures when filing a notice of default in nonjudicial foreclosure cases.
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California SB 1342
Posted Date: Tuesday, August 7, 2012
California adopted legislation that will, among other things, increase the fee for recording real estate instruments, as well as expanding the definition of those instruments.
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Arizona HB 2682
Posted Date: Thursday, February 2, 2012
The Arizona legislature has introduced a bill that, if passed, would create additional requirements for mortgage servicers involved in foreclosure proceedings.
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Alaska SB 122
Posted Date: Thursday, March 1, 2012
A bill that would require all title insurance producers working in the state to be residents of the state, as well as ban the use of private transfer fees, has been put before Alaska Gov. Sean Parnell.
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Alabama SB 216
Posted Date: Tuesday, March 27, 2012
This bill would provide that a person presenting a real property or personal property instrument to the judge of probate for recording shall present proof of the actual purchase price of property or actual value of the property, and that if proof is not presented, the privilege or license tax will be based upon the assessed value of the property and the person failing to submit the required proof shall be subject to monetary penalties for failure to comply with the law.
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Alabama HB 460
Posted Date: Thursday, April 5, 2012
Under a bill recently introduced in Alabama, title agents would be required to be licensed and be subject to certain education requirements.
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Austin v. Investors Title
Posted Date: Tuesday, November 8, 2011
A South Carolina homeowner decided to try one last time to appeal the decision in a claim dispute with her underwriter to the 4th U.S. Circuit Court of Appeals. The issues in the case had been litigated in a previous case that worked its way up from the U.S. District Court for the District of South Carolina.
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FHFA private transfer fee rule
Posted Date: Tuesday, March 20, 2012
The Federal Housing Finance Agency (FHFA) has sent a final rule governing private transfer fees to the Federal Register. The rule limits Fannie Mae, Freddie Mac and the Federal Home Loan Banks from dealing in mortgages on properties encumbered by certain types of private transfer fee covenants and in certain related securities.
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Joint trade letter on Know Before You Owe mortgage initiative
Posted Date: Monday, April 16, 2012
These comments represent our thoughts on the CFPB’s memorandum dated February 21, 2012, entitled “Outline of Proposals Under Consideration and Alternatives Considered” (the Outline). We commend the CFPB for issuing this broad outline setting the regulatory context for the delivery of the reformed mortgage disclosures. It is important that all stakeholders work towards an improved mortgage disclosure system. In this sense, we believe that the objective of this reform process is not the mere issuance of a regulation. The real goal for all stakeholders is to ensure that we achieve a balanced and efficient set of rules to guide mortgage disclosures for the next generation. The true objective, as mandated by the Dodd-Frank Act, is to craft a solid and clear regulatory system that well accompanies a combination of two laws’ disclosures to so that they properly inform and protect consumers.
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Louisiana Department of Insurance Advisory Bulletin 2012-01
Posted Date: Monday, April 30, 2012
After causing a stir by releasing a bulletin late last year concerning what title insurance companies can give and receive from other members of the real estate industry, the Louisiana Insurance Department of Insurance released an advisory letter clarifying questions that were raised after the bulletin was released.
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ALTA letter on average charge
Posted Date: Thursday, May 31, 2012
The American Land Title Association took advantage of the extended comment period to respond to the Consumer Financial Protection’s request for comments regarding how to streamline its inherited regulations by providing the CFPB with recommendations to RESPA’s average charge regulation.
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Colorado Division of Real Estate title fact sheet
Posted Date: Monday, September 24, 2012
After releasing a position paper earlier this month clarifying its desire that consumers choose the company that provides title insurance, the Colorado Division of Real Estate released a consumer fact sheet to guide consumers in the process.
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Goodin v. Fidelity
Posted Date: Tuesday, February 14, 2012
The purchaser of property in Hawaii who had to fight to gain possession of his property after discovering a couple occupying the house sought reimbursement of the cost to defend the suit from the title company, which refused to defend the owner in the matter.
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Greenapple v. Capital One
Posted Date: Tuesday, February 21, 2012
The New York Supreme Court, Appellate Division, held that prospective purchaser sufficiently alleged a cause of action against escrow agent for breach of fiduciary duty, overturning the lower courts granting of the escrow agent’s motion to dismiss, and returning the case to trial. The court said the defendant had failed to “utterly refute the allegations” in the plaintiffs’ complaint.
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GRK v First American
Posted Date: Thursday, January 6, 2011
Defendants Quarles & Brad LLP, John O'Neal and Lauren Stein (collectively “Quarle Defendants” and, for the purposes of this motion, “Defendants”) move to dismiss Plaintiff' tortious interference with contract and abuse of proces claims. The motion has been fully briefed and the parties do not request oral argument. For the reasons stated below, the Court will grant in part and deny in part Defendants' motion.
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Grill v. Ticor Title
Posted Date: Wednesday, February 2, 2011
The owner of property in Nevada County, Calif., sued his title insurer when the insurer denied his claim. The company had argued that it had already addressed the underlying issue in the claim and that the owner was no longer the insured under the policy after the owner had put the property in a trust.
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Hamilton v. First American
Posted Date: Tuesday, May 17, 2011
A federal appeals court vacated a district court's class certification order in a reissue rate case and remanded the case for reconsideration in light of a recent decision in which the court determined that individualized inquiries were necessary to determine whether particular persons qualify for a discounted reissue rate.
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Hart v. Ticor Title
Posted Date: Tuesday, March 27, 2012
The Supreme Court of Hawaii recently decided whether a title company had a duty to defend an insured homeowner in a dispute with the state over the state’s claims on the property. The insurer argued that it was not required to defend the insured because no actual claims to the title were being made. The insured disagreed, saying that the potential for a claim was cause for the insurer to step in.
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Hawks v. American Escrow
Posted Date: Friday, March 16, 2012
After an escrow company was sued for failing to disburse escrow funds to satisfy buyers’ obligations, it turned to its liability insurer to defend it in court. When the liability insurer denied coverage, the escrow company filed suit against it.
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Hawkins v. Weichert Title Agency
Posted Date: Wednesday, September 28, 2011
When a New Jersey couple was taken to court by their neighbors to settle a boundary dispute, the couple turned to their title insurance company to defend them. After the title company denied their claim, they filed suit for breach of contract and breach of fiduciary duty. The case eventually went to the Superior Court of New Jersey, Appellate Division on the title insurer’s motion to dismiss.
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Hogan v. Washington Mutual Bank
Posted Date: Tuesday, May 22, 2012
An Arizona homeowner failed to persuade the Arizona Supreme Court that a trustee must hold the promissory note before foreclosing on a deed of trust. The court affirmed the decision of both the trial court and the appellate court in making its decision on this case of first impression in the state.
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Hyjurick v. Commonwealth Land TItle
Posted Date: Friday, April 27, 2012
As part of a case in which the insured was seeking coverage after discovering she did not receive title to a portion of the property she purchase, the U.S. District Court for the Middle District of Pennsylvania had to determine when it was appropriate to grant abstention. The insured had filed suit in state court and federal court alleging claims of bad faith in handling her claim.
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Howland v. First American
Posted Date: Tuesday, March 6, 2012
A national underwriter’s attorney title agent program in Illinois was called into question by homeowners who felt the program violated RESPA Section 8, as well as state laws. The plaintiffs tried to get class certification, but were denied twice by the district court. Read on to find out how the 7th U.S. Court of Appeals ruled on the matter.
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Hopper v. Lawyers Title
Posted Date: Friday, October 21, 2011
A title insurer refused to release funds held as part of an indemnity agreement, alleging the property owner had failed to perform under the agreement. The property owner sued, A trial court entered a judgment of dismissal on the property owner’s lawsuit against the insurer, but on appeal the court reversed, saying there were too many factual disputes to sustain the demurer.
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Home Federal Savings Bank v. Ticor Title
Posted Date: Tuesday, September 27, 2011
A federal trial court granted summary judgment to a title insurer in a mechanics’ lien claims case, refusing to grant the lender the ‘windfall’ they sought after they refused to release construction funds to satisfy the lien.
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In Re California Title Insurance Antitrust Litigation
Posted Date: Monday, June 27, 2011
As a result of the U.S. Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, a California judge sent plaintiff homeowners’ suit alleging their title insurers fixed title prices to arbitration.
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In re Russell Looney
Posted Date: Wednesday, June 29, 2011
A bankruptcy appellate court determined that debt owed to Old Republic Title Company of Tennessee, which had been reduced to judgment by a state court settlement agreement, was nondischargeable because the company had proven fraudulent misrepresentation.
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JYS Investment v. Fisher
Posted Date: Wednesday, June 22, 2011
When a would-be developer in New Jersey defaulted on a mortgage, the lender agreed to discharge the mortgage to allow the borrower to refinance. The refinance fell through and the borrower used a copy of the unrecorded discharge to secure another loan. The initial lender attempted to foreclose but a court ruled the discharge belonged to the borrower. An appellate court affirmed the lower court’s decision.
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Kasco v. Chicago Title
Posted Date: Wednesday, October 19, 2011
A court had to determine whether to award damages and how much should be awarded to a property owner who was prevented from developing his property for five years due to an undiscovered easement across his entire property. The easement was eventually shortened due to a settlement between the property owner and the holder of the easement, without the help of the title company.
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Lakeside National v. Chicago Title
Posted Date: Wednesday, August 3, 2011
An insured lender sued its title agent and title insurer after failing to get notice that the property it held a lien on was going to be razed by the City of Baltimore because the agent failed to record the deed properly. Read on to find out what the U.S. District Court for the District of Maryland had to say when the insurer filed a motion to dismiss the claims against it.
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Levy Gardens Partners v. Lewis Title
Posted Date: Monday, May 16, 2011
When the discovery of an old city law scuttled a New Orleans- housing project, the developer sued its title insurer seeking to collect under the policy’s zoning endorsement. In determining that the issue was covered under the policy, the court noted that a thorough abstract had apparently never taken place.
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Little Italy Development v. Chicago Title
Posted Date: Friday, June 24, 2011
A federal district court determined that a title insurer was obligated to provide a defense as to all of the claims in a title dispute, in spite of the fact that only one of the claims — a claim alleging public prescriptive easement — was actually covered by the policy. The underwriter had refused to defend the remaining claims on the basis that those causes of action alleged matters not insured against by the policy.
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Loef v. First American
Posted Date: Monday, April 4, 2011
The U.S. District Court for the District of Maine denied one national underwriter’s request for decertification of a class of homeowners who allege they were overcharged for title insurance when they refinanced their home.
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M&I Bank v. Wright
Posted Date: Wednesday, January 19, 2011
The court has before it defendant Lawyers Title of Arizona, Inc.'s motion to dismiss, plaintiff M & I Bank's response , and Lawyers Title's reply. We also have before us defendant First American Title Insurance Company's motion to dismiss (doc. 29), plaintiff's response, and First American's reply. Finally, we have before us First American's joinder in Lawyers Title's motion (doc. 54), plaintiff's response, and First American's reply.
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MacDonald v. Old Republic
Posted Date: Tuesday, July 31, 2012
The U.S. District Court for the District of Massachusetts found a national title insurer liable for a negligent title search that was done by its agent. The insured sued the title insurer after discovering he had been sold fictitious condominiums as part of a Ponzi scheme.
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Mahon v. Chicago Title
Posted Date: Friday, August 17, 2012
A home owner in Connecticut brought a suit against her title insurer, alleging the insurer overcharged her, as well as others, for title insurance when they were refinancing the mortgages on their property. The insurer attempted to have the case dismissed in a judgment on the pleadings, but was unsuccessful.
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McDonough v. First American
Posted Date: Friday, January 28, 2011
New Hampshire homeowners filed suit against a national title insurance company, alleging the company used a “network of title agents” to conduct a Racketeer Influenced and Corrupt Organizations Act scam, overcharging them for title insurance during their refinance transactions.
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Meisterlin v. California Land TItle Association
Posted Date: Thursday, November 17, 2011
After a title insurer in California denied homeowners’ claims, the homeowners sued the state’s trade association for false advertising. They claimed that they relied on the advertisement in making their decision to purchase title insurance and that they lost money as a result of the violations.
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Meridian Title v. Gainer Group
Posted Date: Monday, April 4, 2011
The Appeals Court of Indiana determined that a trial court had erred in denying Meridian Title Corp.’s motion for summary judgment. The court concluded that there was no long-standing, intimate relationship between the buyer and the title company that would justify imposing a duty on the title company beyond its general duty of reasonable care, skill and good faith diligence in obtaining a policy of insurance.
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MGD Partners v. First American
Posted Date: Thursday, September 8, 2011
A federal appellate court determined that a marketability problem with a property in Louisiana was not due to a defect in title, but rather due to the condition of the property, where the new owners discovered bomb remnants on the property. The trial court had granted the title insurer summary judgment, concluding that the landowner’s claim was not covered under the title insurance company’s policy. The landowner appealed, arguing that a servitude was created on the property under a Louisiana statute.
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MIchigan Properties v. Chirco Title
Posted Date: Tuesday, January 3, 2012
After purchasing property with what it thought was clear title at a foreclosure sale, an insured purchaser was drawn into a lien dispute. Though the title company defended the owner and cleared title to the property, the owner sued its title agent and underwriter for not clearing title sooner.
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Miller v. LandAmerica
Posted Date: Wednesday, March 7, 2012
After being sued by the county for placing improvements on their property based on an incorrect survey provided at closing, homeowners in Texas sued their title company. They made claims for negligent misrepresentation and deceptive trade practices because the title company gave them the survey at closing. Read on to find out what the Court of Appeals of Texas had to say on the matter.
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Mitchell-Tracey v. United General
Posted Date: Wednesday, March 14, 2012
After two underwriters successfully convinced a Maryland court that homeowners must first seek an administrative remedy before suing the insurers in a reissue rate dispute, they were awarded costs. The homeowners sought reconsideration, claiming that the insurers were not prevailing parties under the law. The motion was brought before the U.S. District Court for the District of Maryland.
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National Union Fire Insurance v. Absolute Title Services
Posted Date: Thursday, October 13, 2011
After being sued in state court by their underwriter for their alleged participation in a mortgage fraud scheme, a title insurance agency, its owners and two employees looked to their liability insurer to defend them. The liability insurer refused and sought declaratory judgment confirming that it was not required to defend the agent in the case.
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Old Republic v. Warner
Posted Date: Wednesday, April 6, 2011
A U.S. district court rejected defendants’ attempts to shift blame to PNC, after their indemnification agreement with Old Republic National Title Insurance Co. resulted in alleged losses of over $100,000, saying while it was clear the claims were related, there was little to show how PNC could be liable under an agreement between the defendants and Old Republic. The defendants had claimed that the losses Old Republic incurred — for which Old Republic is now suing to recover from the defendants — were a direct result of PNC’s failure to file a proper no-lien document, allowing a mechanic’s lien to secure a lien position ahead of the bank.
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Pavilion Park v. First American
Posted Date: Thursday, January 6, 2011
Plaintiff, Pavilion Park, LLC (“Pavilion Park”) initiated this action against First American Title Insurance Company (“First American”) grounded upon contractual claims under First American's title insurance policy. Both sides have now moved for summary judgment. The Court finds that the contract issues are relatively straightforward. The Court will dismiss Pavilion Park's claims.
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Perme v. Union Escrow
Posted Date: Thursday, May 31, 2012
An escrow company and a mortgage lender in Ohio challenged the certification of a class in a suit against it in which the class representative alleges the companies have overcharged sellers and buyers since 1987.
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Peterson v. McCavic
Posted Date: Wednesday, April 18, 2012
After spending several months building on property he thought he purchased, a man in Oregon found that he had actually purchased an adjacent lot in the same development. As part of a series of court proceedings, he sued the title company for changing the lot number in the title commitment and deed without informing him or the seller of the property.
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Plaza Layenda v. Lawyers Title
Posted Date: Thursday, March 31, 2011
Lawyers Title of Arizona, Inc. (“Lawyers Title”) appeals from the trial court's judgment after a trial to the court in favor of the Richard L. Jones Revocable Trust (“the Trust”) and Plaza Leyenda, LP, which had sued Lawyers Title for negligence and breach of fiduciary duty. The claims arose from the failure of Lawyers Title, the escrow agent, to promptly notify Plaza Leyenda and the Trust that the check provided by the buyer of a piece of property Plaza Leyenda was selling had been returned for non-sufficient funds. Plaza Leyenda contended that, as a consequence, it was unable to accept a bid for construction on the property, resulting in an increase in construction costs. Plaza Leyenda and the Trust appeal the trial court's denial of its request for attorneys' fees. For the following reasons, we hold that Lawyers Title breached no duty to the Trust and so vacate the judgment in favor of the Trust. We affirm the court's verdict in favor of Plaza Leyenda on its claims of negligence and breach of fiduciary duty. We vacate, however, the court's award of damages and remand with an order to recalculate damages in accordance with this decision.
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Plymouth County Iowa v. MERS
Posted Date: Tuesday, August 21, 2012
In the latest news on county recorders’ efforts to recover funds from secondary market entities, a U.S. District Court judge in Iowa dismissed a claim against Mortgage Electronic Registration Systems Inc. and its partners brought by the Plymouth County recorder of deeds. Read on for the court’s reasoning.
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Prime Real Estate Closing & Escrow v. Heberlling
Posted Date: Tuesday, August 9, 2011
After a misunderstanding led an escrow company to pay off the wrong mortgage in a refinance transaction, the owner used money provided to fix the mix-up to purchase additional property. When the escrow company had to pay its title insurer for a claim brought because of that mistake, the escrow company sought restitution from the property owner.
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Pump Shop v. Lawyers Title
Posted Date: Monday, May 16, 2011
A Massachusetts appellate court affirmed the granting of summary judgment to a title insurer, where the insured willingly obtained a mortgage on a property, knowing that the former owner had not filed Massachusetts income taxes for the years 2001 through 2004.
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Randleman v. Fidelity
Posted Date: Monday, May 16, 2011
Citing the 5th U.S. Circuit Court of Appeals decision in Benavides V. Chicago Title, the 6th U.S. Circuit Court of Appeals determined that a class could not be certified in a reissue rate case based on the class description, and that the district court did not abuse its discretion by refusing to adopt a proposed case management plan that would have created subclasses to overcome a predominance barrier.
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Rodriguez v. Lakeview Title
Posted Date: Wednesday, July 27, 2011
The seller of property in Angola, Ind., sued the title agency that handled his transaction after the company’s independent abstractor failed to discover unpaid property taxes. The case eventually was heard by the Court of Appeals of Indiana.
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Royale Westminister Retirement v. Commonwealth
Posted Date: Thursday, June 30, 2011
When a forged deed gave rise to a false chain of title, several lawsuits followed. One of the companies involved attempted to establish that it was entitled to protection under a title insurance policy and that a title company had a duty to defend. An appeals court ruled that even if the company had received a policy, none of the causes of action the company faced gave rise to potential liability.
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Sageser v. Stewart Title
Posted Date: Tuesday, December 6, 2011
The seller of property in Washington state questioned a reconveyance tracking fee on his HUD-1, but went along with the sale anyway. Later on, he sued the title company for charging the fee.
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Scott v. First American
Posted Date: Tuesday, August 30, 2011
A U.S. district court judge in Kentucky denied class certification to a group of homeowners who alleged they received the wrong discount when they refinanced their mortgages.
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Shapiro v. Kennedy
Posted Date: Monday, August 15, 2011
An appellate court judge in California tossed a shareholder suit against the parent company of one of the nation’s largest title insurers, which alleged that the company knew about misdeeds of its title insurance subsidiary and did nothing to stop them.
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Shaw v. Freeman
Posted Date: Tuesday, March 6, 2012
A Connecticut property owner sued the attorney who conducted the title search and closing on the property after the city of Hartford bulldozed the building for violations of city code and emergency repair, notifications of which were in the property records before she purchased the property. The trial court granted summary judgment in favor of the attorney and the case went to the Connecticut Appellate Court.
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Shawn Krock v. Financial Title
Posted Date: Monday, January 9, 2012
A borrower who feels he was wrongfully foreclosed upon sued numerous entitles involved in the origination and servicing of his loan, including the title company that handled his closing. Read on to find out what the U.S. District Court for the Eastern District of California had to say when the defendants filed a motion to dismiss several of his claims.
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Sparks v. Pate-Campbell Properties
Posted Date: Friday, August 17, 2012
After selling a second parcel of land to a company in Kansas, the sellers discovered they had already conveyed more property than they had planned during the first sale. The deed had been recorded with the wrong acreage. The couple attempted to remedy the problem with the buyer, but ended up suing the company and the title insurer who conducted the transaction.
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Stewart Title Guaranty v. Revolutionary Marketing
Posted Date: Thursday, July 19, 2012
National underwriter Stewart Title Guaranty Co. went after the co-conspirator of one of its agents, seeking the money the conspirator received from the agent’s escrow account. The magistrate judge assigned to the case was asked to make a recommendation as to Stewart’s motion for default judgment as to the co-conspirator.
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Stewart TItle v. Shelby Realty Holdings
Posted Date: Friday, October 14, 2011
The Alabama Supreme Court declined answering a certified question from the U.S. District Court for the Northern District of Alabama, which asked the court to determine whether an insured’s valuation evidence is limited to the use to which the property is being devoted as of the date of the discovery of the defect of title.
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Stonich v. First American
Posted Date: Wednesday, September 7, 2011
Homeowners in California sold a house to their children, receiving a $75,000 promissory note in exchange. When their children refinanced the mortgage on the property, the parents believed they would receive those funds, but didn’t. They turned and sued the title company that conducted the refinance for negligence and breach of trust.
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Tabatabai v. Emerald Estate Escrow
Posted Date: Friday, September 23, 2011
An incarcerated homeowner sued the escrow company that conducted the escrow for a real estate transaction in which the man to whom he had given a power of attorney and his business partner defrauded the homeowner of title to his property in Beverly Hills.
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Tavenner v. The Talon Group
Posted Date: Monday, March 26, 2012
A dispute over allegedly improper closing costs caused a U.S. District Court judge in Washington to examine the role of the escrow agent. Read on to find out what he had to say about the escrow agent’s responsibilities.
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Texas Capital Bank v. First American
Posted Date: Tuesday, September 27, 2011
A warehouse lender sued a title company for breach of contract after discovering the originating lender had defrauded it of millions. It argued that had the title company reported suspicious requests it received from the originator, the warehouse lender would have been able to prevent the fraud.
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Tudor Insurance Co. v. 1st National Title Insurance Agency
Posted Date: Monday, March 12, 2012
After a liability insurer sued a title agent it insured, the agent’s underwriter tried to step in. Both parties to the suit opposed intervention when the motion came before the U.S. District Court for the District of Utah.
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Tyson v. Chicago Title
Posted Date: Tuesday, September 27, 2011
A title insurer that fixed legal descriptions of the warranty deeds for units of a duplex that had been mistakenly switched was sued for negligence by the owner of one of the units after the owner was named in a quiet title suit to address the switched legal descriptions on her mortgagee’s deed of trust.
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U.S. Bank v. Ibanez
Posted Date: Friday, January 7, 2011
After foreclosing on two properties and purchasing the properties back at the foreclosure sales, U.S. Bank National Association (U.S.Bank), as trustee for the Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-Z; and Wells Fargo Bank, N.A. (Wells Fargo), as trustee for ABFC 2005-OPT 1 Trust, ABFC Asset Backed Certificates, Series 2005-OPT 1 (plaintiffs), filed separate complaints in the Land Court asking a judge to declare that they held clear title to the properties in fee simple. We agree with the judge that the plaintiffs, who were not the original mortgagees, failed to make the required showing that they were the holders of the mortgages at the time of foreclosure. As a result, they did not demonstrate that the foreclosure sales were valid to convey title to the subject properties, and their requests for a declaration of clear title were properly denied.
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U.S. v. Deer
Posted Date: Friday, June 24, 2011
A federal court awarded restitution to two underwriters and a closing agent, as well as several lending institutions, in a fraud case, refusing to buy the perpetrator’s argument that the value of the security should offset restitution where one of the underwriters had suffered nearly a million dollar loss in claims based on the fraud.
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Villanueva v. First American
Posted Date: Thursday, December 1, 2011
A Georgia lawyer was sued for breach of contract and malpractice after his firm failed to pay off mortgages at a real estate closing. The disbursement of those funds was to be handled by his partner and an escrow account signatory, as instructed. The newly-established lawyer had suspicions about the acts of his partner’s escrow signatory.
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Wasserberg v. Flooring Services of Texas
Posted Date: Tuesday, July 24, 2012
A Texas appellate court affirmed a judgment against homebuilders in favor of a title company who had paid off mechanic’s liens on behalf of the new homeowners. The homebuilders had signed affidavits allegedly claiming all contractors had been paid. The court also affirmed a judgment on behalf of the flooring company who filed the mechanic’s liens, noting that the homebuilders had provided personal guaranties in their individual capacities to obtain a line of credit with the flooring company.
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Wedgewood Square Center v. Stewart Title
Posted Date: Thursday, June 30, 2011
A Missouri appellate court determined that in releasing its lien in a full reconveyance settlement with defaulting borrowers, a company had effectively wiped out an underwriter’s subrogation rights and therefore was not entitled to reimbursement for nebulous losses under an alleged title impairment.
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White v. Conestoga Title
Posted Date: Monday, August 20, 2012
The Pennsylvania Supreme Court found that, though a homeowner had to exhaust administrative remedies before bringing a claim for unjust enrichment and money had and received against a title insurer she claims overcharged her for title insurance, she could proceed against the title company on her claim for a violation of the state’s Unfair Trade Practices and Consumer Protection Law.
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WIlliams v. North American Title
Posted Date: Monday, July 9, 2012
A California homeowner who had resolved issues surrounding a sewer line that ran through his property by reaching a settlement with his title insurer tried to get the insurer to indemnify him against a suit his neighbor brought against him regarding the sewer line. One condition of the settlement was that the homeowner would not bring any related claims to the insurer in the future.
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Wilmington Plantation v. Fidelity National Title
Posted Date: Tuesday, June 12, 2012
Wilmington Plantation LLC, the purchaser of property to be used to build condominium units, sued its title insurer, Fidelity National Title Insurance Co., for breach of contract after discovering that the use of the property was restricted by agreements the seller made to condominium unit purchasers before the sale. The developer alleged it had no knowledge of the defect and that Fidelity broke the agreement by not providing title in fee simple. The U.S. District Court for the Middle District of Tennessee had to determine whether Wilmington had, or should have had, knowledge of the defect when ruling on Fidelity’s motion for summary judgment.
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Windsor Village v. Stewart Title
Posted Date: Thursday, January 6, 2011
Appellants, Windsor Village, Ltd. and Jackob Elbaz, appeal from the trial court's judgment awarding damages and attorney's fees to appellee, Stewart Title Company, on its claims for fraud and indemnity. We affirm, in part, and reverse and render, in part.
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CFPB's semi-annual report
Posted Date: Tuesday, July 31, 2012
As required by the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Consumer Financial Protection Bureau released its semi-annual report for the first half of 2012.
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Alabama HB 267
Posted Date: Monday, January 2, 2012
Relating to insurance; to permit title insurers to issue closing or settlement protection; to require closing or settlement protection forms to be approved by the Commissioner of Insurance; to specify the fees that may be charged by title insurers for issuing closing or settlement protection; to require notice to real estate purchasers of the availability of closing or settlement protection; and for this purpose to add Section 27-3-6.1 to the Code of Alabama 1975.
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Home Federal Savings Bank v. Ticor Title
Posted Date: Friday, September 21, 2012
A bank that got caught in a dispute between a developer and general contractor sought the defense of its title insurer in handling the dispute. When the title insurer refused, the bank sued for breach of contract. The trial court ruled in favor of the title insurer, but the bank appealed.
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Walsh Securities v. Cristo Property Management
Posted Date: Friday, September 21, 2012
The U.S. District Court for the District of New Jersey approved a motion for reconsideration regarding its decision to deny motions for summary judgment by both a warehouse lender and its title insurers stemming from a fraudulent scheme involving 220 mortgages the lender funded.
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Oaks v. Countrywide
Posted Date: Thursday, September 20, 2012
After the wrong mortgage was paid off, causing a homeowner to accrue fees and charges, she sued the mortgage servicer and title company who helped with the refinance. They, in turn, sued the refinance loan originator for providing them with the wrong loan number, causing the suit. The question that came before the U.S. District Court for the Eastern District of Louisiana is, “Can the servicer and title company sue the originator when the original suit is still in progress?”
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Texas Capital Bank v. First American
Posted Date: Thursday, September 20, 2012
After being sued by a warehouse lender for breaching its duties as a bailee, a national underwriter sought a third-party complaint against the person who misappropriated the lender’s funds. The lender moved to strike the third-party complaint. The U.S. District Court for the Western District of Kentucky granted the motion, finding that the insurer was not entitled to an apportionment instruction.
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Connecticut HB 5539
Posted Date: Thursday, September 20, 2012
The Connecticut General Assembly passed a bill that changes the fees town clerks may charge for copies of documents as well as a few other revisions.
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California AB 407
Posted Date: Thursday, September 20, 2012
The California State Assembly is considering an increase in the amount a mortgagee or its assignee must pay if they do not provide a certificate of discharge within a certain amount of time after the mortgage has been satisfied.
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Alaska SB 122
Posted Date: Monday, January 2, 2012
An Act relating to real estate transfer fees and increasing the length of time title records must be maintained by a title plant
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US vs. Deer - Example
Posted Date: Thursday, September 9, 2010
A federal court awarded restitution to two underwriters and a closing agent, as well as several lending institutions, in a fraud case, refusing to buy the perpetrator’s argument that the value of the security should offset restitution where one of the underwriters had suffered nearly a million dollar loss in claims based on the fraud.
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US vs. Deer
Posted Date: Friday, September 9, 2011
A federal court awarded restitution to two underwriters and a closing agent, as well as several lending institutions, in a fraud case, refusing to buy the perpetrator’s argument that the value of the security should offset restitution where one of the underwriters had suffered nearly a million dollar loss in claims based on the fraud.
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Calif. SB 83
Posted Date: Thursday, January 12, 2012
This bill would authorize the commissioner to issue citations to unlicensed persons the commissioner believes to be engaging in activities for which a real estate license is required or to licensees who are in violation of any provision of the Real Estate Law or any rule or order thereunder.
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ALTA letter to CFPB on disclosures
Posted Date: Thursday, January 12, 2012
Shortly after the Consumer Financial Protection Bureau (CFPB) released its second round of prototypes for combined HUD-1/Truth in Lending (TIL) disclosures on Dec. 13, 2011, the American Land Title Association’s RESPA Task Force provided its thoughts on the latest prototypes, the Mimosa and Sassafras forms, in a comment letter.
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Ind. SB 298
Posted Date: Thursday, January 12, 2012
A bill has been introduced in the Indiana General Assembly that would add a new section of the state’s foreclosure statutes that would protect interested and omitted parties when property gets sold at foreclosure. It also shortens the time mortgages can stay in the public record after the last installment of the secured debt before becoming expired.
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Va. HB 28
Posted Date: Thursday, January 12, 2012
When the Virginia General Assembly comes back in session on Jan. 11, it will be considering a recently prefiled bill regarding foreclosure sales.
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Wash. HB 2163
Posted Date: Thursday, January 12, 2012
The Legislature of the State of Washington is considering a bill that would modify its foreclosure fairness act to ensure mediators’ participation.
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Ill. SB 2534
Posted Date: Thursday, January 12, 2012
The Illinois General Assembly has introduced a bill that would modify the state’s mortgage foreclosure laws by adding a definition of abandoned residential property, as well as requirements and procedures for an expedited judgment and sale of abandoned residential property.
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California SB 2
Posted Date: Monday, January 2, 2012
This bill would extend those provisions until January 1, 2015, and to persons who facilitate or attempt to facilitate mortgage loan modifications or forbearance. The bill would further extend those prohibitions to persons who for a fee negotiate, attempt to negotiate, arrange, attempt to arrange, facilitate, attempt to facilitate, or otherwise offer to accomplish the sale of a residential dwelling for less than the remaining amount of indebtedness due to a mortgagor, mortgagors, trustor, or trustors at the time of sale. The bill would make conforming changes to the 14-point bold type statement that is required to be provided to a borrower, as specified.
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California AB 1321
Posted Date: Monday, January 2, 2012
This bill would instead require that mortgages and deeds of trust as well as assignments of a mortgage or a deed of trust be recorded within 30 days of the execution of the deed or other document creating a security interest in the real property or within 30 days of execution of the assignment. The bill would further require that either the promissory note or a specified certificate affirming the existence of the promissory note be attached at the time of recordation.
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California SB 190
Posted Date: Monday, January 2, 2012
This bill would additionally require, beginning April 1, 2012, that the notice of sale, given pursuant to a deed of trust or mortgage secured by real property containing from one to 4 single-family residences, contain language notifying potential bidders of specified risks involved in bidding on property at a trustee's sale, and a notice to the property owner informing the owner about how to obtain information regarding any postponement of the sale. The bill would require a good faith effort to be made to provide current information regarding sale dates and postponements and that the information be available free of charge. The bill would permit the information to be provided by any means that provides continuous access, as specified.
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California SB 4
Posted Date: Monday, January 2, 2012
This bill would require, beginning April 1, 2012, that the notice of sale, given pursuant to a deed of trust or mortgage secured by real property containing from one to 4 single-family residences, contain language notifying potential bidders of specified risks involved in bidding on property at a trustee's sale, and a notice to the property owner informing the owner about how to obtain information regarding any postponement of the sale. The bill would require a good faith effort to be made to provide current information regarding sale dates and postponements and that the information be available free of charge. The bill would permit the information to be provided by any means that provides continuous access, as specified.
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California AB 75
Posted Date: Monday, January 2, 2012
This bill would make it unlawful for a nongovernmental entity to solicit funds or information by means of a mailing, electronic message, or Internet Web site that contains an emblem or content that reasonably could be interpreted or construed as implying any federal, state, or local government connection, approval, or endorsement, unless the nongovernmental entity has an expressed connection with a federal, state, or local government entity or unless the solicitation contains specified disclosures and meets other requirements. The bill would require the disclosures to be conspicuously displayed in specified locations, font type size, and manner. The bill would increase the maximum criminal fine for a violation of these provisions to $2,500 and would authorize a person to recover specified damages resulting from a violation of these provisions. The bill would delete the provisions requiring a business to include the contact information for a referenced governmental agency in an unsolicited mailing that offers to assist the recipient in dealing with the governmental agency. Existing law makes it unlawful for a person
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Arkansas SB 309
Posted Date: Monday, January 2, 2012
AN ACT TO REGULATE THE ISSUANCE OF CLOSING PROTECTION 10 LETTERS
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Arkansas HB 1209
Posted Date: Monday, January 2, 2012
AN ACT TO MODIFY THE REQUIREMENTS FOR RECORDATION OF A DEED
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Arizona HB 2297
Posted Date: Monday, January 2, 2012
Relating to Arizona escrow agents
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Alabama SB 210
Posted Date: Monday, January 2, 2012
This bill would permit title insurers to issue closing or settlement protection; would require closing or settlement protection forms to be approved by the Commissioner of Insurance; would specify the fees that may be charged for issuing closing or settlement protection; and would require notice to real estate purchasers of the availability of closing or settlement protection.
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Access to and Sale in Bulk of Land Records
Posted Date: Friday, September 9, 2011
The Board of Directors of the Property Records Industry Association (PRIA) has approved for publication the group’s most recent whitepaper, “Access to and Sales in Bulk of Land Records.” This long-awaited whitepaper has been developing over the past four years with launch of the initial discussions dating back to spring of 2008.
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ALTA President Anne Anastasi’s Testimony at Mortgage Origination Hearing
Posted Date: Friday, September 9, 2011
Representatives from the title, banking, appraisal and residential real estate industries spoke out about a number of issues at a recent U.S. House subcommittee hearing. American Land Title Association (ALTA) President Anne Anastasi was there to testify about mortgage disclosure forms from a consumer perspective and a title agent perspective.
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Louisiana SB 36
Posted Date: Tuesday, August 16, 2011
Louisiana adopted a measure clarifying that the examination of public records and abstracts for the purposes of rendering a title opinion falls within the definition of the practice of law.
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