News By Edition

Florida Gov. Ron DeSantis, along with House Speaker Chris Sprowls and Rep. Fiona McFarland, announced proposed legislation that would increase data privacy in the state. Read on for more details.

Lenders disputed whether paying off a first lien mortgage allowed a refinance mortgage to take its first lien position when a home equity line of credit remained on the property at the time of the refinance. Read on for more details.

The Arkansas General Assembly is considering a bill that would allow remote witnessing by notaries public. Read on for more details.

After getting differing responses from a Louisiana court and local government regarding the proper use of property purchased, the owner of the property sued the title insurer, arguing its policy endorsement covered the current zoning dispute. Read on for more details.

The Montana Legislature is considering a bill that would remove exemptions for attorneys performing escrow business. Read on for more details.

The West Virginia Legislature is considering a bill that would provide protection for theft of identity information for certain persons. Read on for more details.

The South Dakota Division of Insurance and its testing vendor, Pearson Vue, have partnered to make online examinations available in South Dakota through their platform OnVUE. Read on for more details.

Parties to a purchase agreement that fell through disputed who was entitled to the $2.5 million held in escrow. As part of the case, the court had to determine whether the escrow holder must be joined as a necessary party for the case to continue. Read on for more details.

The Mortgage Bankers Association and a coalition of industry associations wrote to the Georgia Legislature to voice their support for the remote notarization legislation introduced in the state. Read on for more details.

The Massachusetts General Court is considering legislation that would reform the state’s title insurance statute. Read on for more details.

After the borrower defaulted on their loan, their lender discovered a prior lien on the property that should have been paid with the proceeds of its loan. The lender filed a claim with the title insurer, who denied its claim. The lender then filed suit. Read on for more details.

The California Legislature is considering a bill that would require a restrictive covenant modification form be provided with copies of declarations, governing documents and deeds, to title companies, escrow companies, real estate brokers and others to record restrictive covenant modifications. Read on for more details.

A former Atlanta-based attorney is facing felony charges of fraud after allegedly redirecting funds to his personal bank account from a title company he used to own. Read on for more details.

A couple’s homeowner’s insurer sued their title insurer regarding the duty to defend the couple in a property dispute between neighbors regarding a shared road, seeking a declaratory judgment. Read on for more details.

The Indiana General Assembly is considering legislation that would allow a person to file a statement or notice that a recorded discriminatory covenant is invalid and unenforceable. Read on for more details.

The Kentucky General Assembly is considering legislation that would require county clerks to be open for reviewing and obtaining copies of recorded instruments for 40 hours a week unless they maintain a portal that allows for the search of electronic copies of recorded instruments. Read on for more details.

The Illinois Department of Financial and Professional Regulation issued a third written notice cautioning industry members that recording or attempting to record a mortgage without a valid certificate of exemption or compliance may result in disciplinary action. Read on for more details.

The California Department of Financial Protection and Innovation issued an invitation for comments on proposed rulemaking under the California Consumer Financial Protection Law. Read on for more details.

A refinancing lender didn’t foreclose its property within the statutory limitations period after borrowers defaulted. The proceeds had been used to discharge to existing. A court of appeals concluded the refinance lender’s failure to timely foreclose its lien precluded it from seeking recourse through equitable subrogation. Shortly after the appellate court heard the case, the Supreme Court of Texas heard a similar case and ruled differently. The current case was then brought to the Supreme Court of Texas for review. Read on for more details.

The Connecticut Insurance Department issued Bulletin IC-43, which replaced Bulletin IC-42 providing licensees with guidance for compliance with the state’s Insurance Data Security Law. Read on for more details.

The Minnesota Legislature is considering a bill that would provide a process for affixing a manufactured home to real property. Read on for more details.

Neighboring landowners disputed the use of a private roadway and the party that did not own the roadway sued the owner to quiet title and requested injunctive relief. A trial court found in favor of the non-owner of the roadway and the owner appealed. Read on for more details.

The Oklahoma State Legislature is considering amendments to the Oklahoma Abstractors Act, including a new definition and modifying the provision regarding the retention and release of an abstract. Read on for more details.

New York Gov. Andrew Cuomo has extended until Feb. 26, 2021, the executive order allowing for electronic notarizations in the state. Read on for more details.