News By Edition

The Ninth U.S. Circuit Court of Appeals recently ruled in a dispute concerning access to a maintenance road on land that had been taken by eminent domain by the federal government. Decades after the eminent domain, and after the County of Santa Barbara, Calif., put a fence to block the road, the owner of adjacent property sued for access.

New Jersey Attorney General Matthew Platkin and New Jersey Department of Banking and Insurance Commissioner Marlene Caride filed a complaint against MV Realty and its principals, alleging it deceived customers and made misrepresentations regarding its Homeowner Benefit Program.

Several U.S. Representatives sent a letter to Financial Crimes Enforcement Network (FinCEN) Acting Director Himamauli Das and U.S. Treasury Secretary Janet Yellen demanding FinCEN outline its plan for educating small businesses about their reporting responsibilities as they pertain to the agency’s forthcoming beneficial ownership proposed rule.

The Pennsylvania General Assembly is considering legislation to provide for the discharging of discriminatory real estate covenants and establishing the Unlawful Restrictive Covenant Discharge Reimbursement Fund.

The Alaska Division of Insurance issued Bulletin B23-04 Re: Title Producer License Requirements, to help title insurers, title insurance producers and interested parties determine which activities need to be performed by a licensed title insurance producer.

When the owner of a townhome in Wilmington, Del., passed away, her property was subject to two mortgages. Additionally, her estate failed to pay condominium fees owed the homeowners association (HOA). A sheriff’s sale was conducted on the HOA’s fees and another on the junior mortgage. The same entity purchased the property at both sales and transferred its interest to the senior mortgage lien holder. The buyer and senior lienholder filed motions to set aside the second sheriff’s sale and to enforce payment of the proceeds in the ensuing suit.

The Nevada Legislature passed legislation to amend the way discriminatory restrictions or prohibitions from real property documents are handled. The bill awaits the governor’s signature.

The Connecticut General Assembly passed legislation establishing a task force to study the online recording, indexing and searching of municipal land records and maps.

The Utah Insurance Department adopted amendments to R590-216, Standards for Safeguarding Customer Information. The amendments went into effect June 9.

Florida Insurance Commissioner Michael Yaworsky appointed the Florida Office of Insurance Regulation’s first deputy commissioner of market regulation and appointed a deputy commissioner of property and casualty.

A title insurer sued its title agent for the agent’s negligent performance of duties, conversion of funds, the fraudulent issuance of policies and the refusal to indemnify the insurer for losses the insurer incurred because of the agent’s actions. The insurer eventually moved for default judgment.

The New Jersey Legislature is considering legislation that establishes requirements for those purchasing and reselling the same single-family home within one year of receiving a certificate of occupancy.

The New Mexico Office of the Superintendent of Insurance issued Bulletin 2023-015 regarding the extension of intervals for hearings on premium rates and other title insurance matters.

The California Department of Financial Protection and Innovation reported it made significant progress growing its reach and impact in key areas affecting California consumers. This comes two years into implementing the California Consumer Financial Protection Law.

A couple previously sold their home to their daughter’s godfather. The godfather obtained a loan from a lender to complete the purchase. The godfather later sold the property back to the couple, promising he would clear the property of any and all liens. He did not and in fact defaulted on the loan. The lender purchased the property at a foreclosure sale and the couple filed a quiet title suit against the lender.

This year’s winners of October Research, LLC’s annual awards for Leadership, Innovation and Philanthropy include a forward-thinking employer, a title-decisioning pioneer, and a fisherman-turned-fundraiser. CEO and Publisher Erica Meyer presented the awards at the 19th annual National Settlement Services Summit (NS3). Read on to learn who received this year’s awards.

For 10 years, attendees at the National Settlement Services Summit (NS3) have helped make a positive impact on each host city by participating in Make a Child Smile. This year, attendees at the Hyatt Regency at The Arch in St. Louis filled hundreds of bookbags with school supplies for children at the Saint Louis Crisis Nursery. Read on for more.

The Louisiana Senate passed a resolution requesting the Louisiana State Law Institute study and make recommendations on legislation relative to electronic filing and records retention.

Oklahoma Gov. Kevin Stitt signed legislation permitting certified copies to be made in accordance with the Uniform Real Property Electronic Recording Act and allowing fees to be charged for certified records in accordance with certain fee schedules.

The Nebraska Legislature passed legislation to, among other things, eliminate the requirement that an annual review of a title insurance agent’s practices by a title insurer be done onsite. The bill awaits the governor’s signature.

Alabama Gov. Kay Ivey signed legislation that will prohibit certain governments or governmental entities from acquiring certain real property in the state.

The California Legislature is considering modifications to its restrictive covenant law, seeking to strengthen and clarify the process purchasers can use to remove a covenant, condition or restriction limiting the property’s use for affordable housing.

New Jersey Attorney General Matthew Platkin announced the sentencing of two Atlantic County, N.J., men who had pleaded guilty after producing fake deeds for Atlantic City properties in order to scam real estate investors out of more than $500,000 dollars.