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Georgia bans transfer fee covenants
Posted Date: Monday, July 8, 2013
Over a year after the issue of private transfer fees had been settled in most states, and addressed by the Federal Housing Finance Authority, I got word that another state was banning the practice. The Georgia General Assembly recently adopted a bill that, among other things, bans transfer fee covenants. Other code changes involve the foreclosed property registry and the assignment of the right to sue for legal malpractice.
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Preparing for new schemes and the impact of escrow theft
Posted Date: Monday, July 8, 2013
Escrow theft, be it from a trusted employee or a cyber fraudster who hacked into your computer system, has been a fear of the industry for a long time. While agents watch for these schemes, new ones constantly evolve, requiring increased diligence from everyone handling client money. During the National Settlement Services Summit, four presenters familiar with the trends —including a supervisor from the FBI — shared insight into what new schemes they are seeing, controls and procedures to protect your company from falling victim to these schemes, and the reality of what could happen should you become a victim of these schemes.
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Evaluating risk, responsibility and the lender-agent relationship
Posted Date: Monday, July 8, 2013
Ever since the Consumer Financial Protection Bureau (CFPB) came out with its April 2012 bulletin concerning lender liability for their third-party providers, members of both the lending and title insurance industries have been looking for ways to ensure they are complying with the guidelines set forth by the CFPB. Terms like title agent vetting and best practices have become familiar to anyone who addresses these concerns. Panelists at the National Settlement Services Summit focused on the fact that the issue centers around risk. With this as the framework, the group defined what each side is expected to do to mitigate risk and address industry concerns.
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Don’t wait to prepare for new mortgage disclosures
Posted Date: Wednesday, June 26, 2013
The industry is anxiously awaiting release of the Consumer Financial Protection Bureau’s final rules and forms that will merge the disclosures required under RESPA and the Truth in Lending Act. While the release is months away, at least one industry expert is telling industry members to take steps now to help smooth the transition to the forthcoming disclosures. Read on to find out what she told attendees during the National Settlement Services Summit.
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DocX executive sentenced for robo-signing
Posted Date: Wednesday, June 26, 2013
Lorraine Brown, a former executive of Lender Processing Services and DocX LLC, was sentenced to serve five years in prison for her participation in a six-year scheme to prepare and file more than 1 million fraudulently signed and notarized mortgage-related documents. The sentence was announced by the acting assistant attorney general of the U.S. Justice Department’s Criminal Division, the U.S. Attorney for the Middle District of Florida and a special agent of the FBI Jacksonville Division. Read on for more details.
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Supreme Court grants certiorari in recess appointment dispute
Posted Date: Wednesday, June 26, 2013
The U.S. Supreme Court has agreed to review National Labor Relations Board v. Noel Canning, questioning the president’s authority to appoint members of the board during a recess that occurred within a session of the Senate. The Court’s decision will have a significant impact on the Consumer Financial Protection Bureau as well, as its director, Richard Cordray, was appointed the same day. Read on for details.
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Georgia amends law governing covenants
Posted Date: Wednesday, June 26, 2013
The Georgia General Assembly adopted a bill that amends the law governing covenants. It adds a section that provides that certain covenants run with the land. Read on for more details.
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CFPB bulletin outlines responsible business conduct
Posted Date: Wednesday, June 26, 2013
The Consumer Financial Protection Bureau released Bulletin 2013-06, outlining responsible business conduct overseen entities can engage in that the bureau may favorably consider in exercising its enforcement discretion. Read on to find out more about the CFPB’s guidance.
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Illinois adopts amendments to Notary Public Act
Posted Date: Monday, June 24, 2013
The Illinois General Assembly has adopted amendments to the state’s Notary Public Act, extending the repeal date for certain provisions and eliminating other provisions. Read on for the details.
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Texas court decertifies reissue rate class
Posted Date: Monday, June 24, 2013
A Texas appellate court reversed a trial court’s decision to certify a class of persons in a case involving allegations that a national underwriter charged premiums for title insurance policies on refinanced mortgages that exceeded the rates set by the Texas Department of Insurance. Read on for the court’s reasoning.
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Colorado insurance commissioner resigns
Posted Date: Monday, June 24, 2013
The Colorado Department of Regulatory Agencies announced the resignation of Insurance Commissioner Jim Riesberg. He served as insurance commissioner since July 2011. Read on for more details.
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Mortgage broker sentenced for role in $20M fraud scheme
Posted Date: Monday, June 24, 2013
A mortgage broker from Minnesota was sentenced for his role in a $20 million mortgage fraud scheme that involved 57 properties. He conspired with others to obtain mortgage loan proceeds based on fraudulent documentation. Read on for more details.
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Georgia bans transfer fee covenants, makes other code revisions
Posted Date: Monday, June 24, 2013
The Georgia General Assembly adopted a bill that, among other things, bans transfer fee covenants. Other code changes involve the foreclosed property registry and the assignment of the right to sue for legal malpractice. Read on for more details.
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Duplicate policies promising first lien position lead to dispute between agent, underwriter
Posted Date: Thursday, June 20, 2013
After it was discovered that a title agent had completed two transactions within two months providing title insurance assuring two lenders first lien position on the same Colorado companies, the title insurer in both transactions handled title claims for both parties. It then sued the agent. Read on to find out what the Colorado Court of Appeals ruled when the case went before it.
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Yes, mortgage reform will affect you too
Posted Date: Thursday, June 20, 2013
During the National Settlement Services Summit in Cleveland, Phil Schulman, a partner in the Washington, D.C., office of K&L Gates, informed attendees about the current regulatory landscape and explained how the new regulatory reforms, like the ability-to-repay/qualified mortgage rules, affect every real estate settlement service provider. Read on to find out how.
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Escrow officer indicted for bank fraud
Posted Date: Thursday, June 20, 2013
A Texas escrow officer was indicted in federal court. She is charged with conspiracy to commit mail fraud in connection with a mortgage fraud scheme. She faces up to 20 years in prison and restitution of $3.7 million.
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Why you need a data security plan
Posted Date: Thursday, June 20, 2013
Much has been said about data security in the last few years, such as what steps should be taken to ensure compliance with a slew of state and federal laws and regulations. But where do these requirements actually come from and what else could make data security plans a necessity? During a session at the National Settlement Services Summit on June 12, Paul Schwartz, a law professor at Berkeley Law School and director of the Berkeley Center for Law and Technology broke down the laws governing data security and shared other reasons why title agents should implement a data security plan.
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Missed electricity easement leads to dispute about ‘knowledge’ exclusion
Posted Date: Thursday, June 20, 2013
After purchasing and planning how to re-develop property in Spokane, Wash., a developer discovered an electricity easement on the property that would hinder its development. The title insurer acknowledged it missed the easement, but argued that the insured had the requisite knowledge to invoke the knowledge exclusion. Read on to find out what the Court of Appeals of Washington had to say on the matter.
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Court reverses $1M judgment in duty to defend suit
Posted Date: Monday, June 17, 2013
A California appellate court reversed a $1 million judgment ordered against Chicago Title Insurance Co. in a case in which the plaintiffs alleged the insurer had a duty to defend it in a quiet title action. Read on for more details.
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Ohio considers mortgage subrogation act
Posted Date: Monday, June 17, 2013
The Ohio General Assembly is considering a bill that clarifies that a mortgage used to satisfy a prior mortgage would be subrogated to the priority of the prior mortgage under certain conditions. Read on for more details.
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Real Estate Data Shield launches Compliance Management System at NS3
Posted Date: Monday, June 17, 2013
Real Estate Data Shield announced the launch of a web-based Compliance Management Platform for the title and settlement industry. The platform is set up so title and settlement companies can immediately access and find the tools they need to meet the data security compliance mandates of regulators, lenders and the title industry's best practice initiatives.
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Attorney sentenced for conspiring to commit straw borrower fraud
Posted Date: Monday, June 17, 2013
A Tennessee attorney was sentenced to four years in connection with a conspiracy that used straw buyers and made materially false representations to banks regarding the straw buyers’ sources of funds. Read on for more details.
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Maine adopts closing protection statute
Posted Date: Monday, June 17, 2013
The Maine legislature has adopted a bill that allows title insurers in the state to issue closing and settlement protection. Read on for more details.
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How robust do your data security measures need to be?
Posted Date: Monday, June 17, 2013
There has been a lot of talk around the title insurance industry about the importance of protecting sensitive consumer data. Crafting and implementing a data security plan can seem daunting and many wonder how robust the plan needs to be. During a session at the National Settlement Services Summit, attendees got some insight into the answer, from a Berkley law professor and the director of the East Central Region of the Federal Trade Commission.
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