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Should You Double-Check that the Document You Filed Is Actually Recorded?
If you file a document for recording in the local land records office, and the office fails to properly record it, who pays the price when the unrecorded interest gets wiped out via subsequent events? You guessed it: you could easily pay the price for the recorder’s neglect, as shown by a bankruptcy case in New York.
E-Recording Begins in Coffee County, TN
Simplifile has made its e-recording service available to recording customers in Coffee County, Tenn.
Stewart Names Agency Services Manager and Underwriting Counsel for Connecticut
Stewart Title Agency Services announced the appointment of David Baghdady as Connecticut Agency Services Manager and Underwriting Counsel.
Punctual Abstract
CoreLogic: Completed Foreclosures, Foreclosure Inventory Continue to Decline
Housing data provider CoreLogic has released itsJune 2016 National Foreclosure Reportwhich shows the foreclosure inventory declined by 25.9 percent and completed foreclosures declined by 4.9 percent compared with June 2015. The number of completed foreclosures nationwide decreased year over year from 40,000 in June 2015 to 38,000 in June 2016.
Quick links
Tiny houses raise big legal questions
Permits for such homes often don't exist.
Cyber crooks prowl Dallas' hot home market with buyer scams
Real estate sales firms and title companies are scrambling to put up defenses against internet scammers and overseas crooks who are trying to steal funds from homebuyers.
Emily Farr tapped as head of South Carolina licensing agency
Gov. Nikki Haley has tapped a Columbia attorney specializing in employment law as the new head of the state Department of Labor, Licensing and Regulation.
Judge imposes $1.8M in penalties for misleading law firm charges in more than 2,000 foreclosures
A Denver judge is imposing $1.8 million in penalties for two law firms' false and misleading charges on title insurance in 2,291 foreclosures.
The Fed Holds Off On Rate Hike: Here's What It Means For Your Wallet
The Federal Reserve held off on another interest rate hike today at its Federal Open Market Committee meeting, giving consumers who are saddled with consumer loans more reprieve.
MBA Weekly Report: Mortgage Application Volume Decrease 4%
Mortgage applications decreased 4.0 percent from one week earlier, according to data from the Mortgage Bankers Association's (MBA) Weekly Mortgage Applications Survey for the week ending August 12, 2016.
Validity of a Mortgage with No Legal Description Nor Any Hint of the Property Location
I’ve noted before that in Ohio, a mortgage may be valid without a legal description, so long as it contains some other information such as a parcel number or property address that uniquely identifies the property. But a recent Ohio case goes further, holding that it is possible for a mortgage to be valid without any mention whatsoever on the mortgage of what property is encumbered.
A Forged Deed Can Be a Good Deed, Part III
Forged deeds are worthless scraps of paper—at least, courts will often proclaim in most convincing language that a forged deed is absolutely worthless, always. However, there are several scenarios where a forged deed becomes effective.
Can a Title Insurer Establish a Right of Access Through a Temporary License to Use a Goat Path?

Standard language in title insurance policies requires title insurers to insure for a lack of access to and from an insured parcel. A court has ruled that title insurers have no obligation to provide a permanent right of access under this language, however.

Washington Supreme Court: No Cause of Action for Negligent Recording for Third Parties
The Washington Supreme Court has held that a title company cannot be liable for negligent recording of a document to a plaintiff who was not a party to the document, in a case where a title company recorded an unauthorized second mortgage that facially violated a term in the first mortgage that it had also recorded.
Professional Liability Insurance and Theft of Escrow Funds by a Third-Party Impostor
Are title agencies covered by their professional liability insurance policies if they are tricked by a clever hacker into disbursing money from escrow into the hacker’s account? Perhaps not. A New Jersey title insurer was tricked into wiring over a half-million dollars to a sneaky impostor, and its insurer isn’t paying on the agent’s professional liability policy.
Title Defects That Cause a Borrower to Default, vs. Those That Do Not, Part II

When a title insurance defect causes a borrower to default—as in when a defect destroys a developer’s plan to develop a property, rendering the developer unable to repay the development loan, the title insurer may be let off the hook for some of the developer’s actual loss if market values have declined by the time the lender forecloses, depending on the state.

On the Blogs

Title Industry tasked with identifying money launderers
CHARLENE PERRY's Blog
2016/01/14
0 comments

TRID and it's impact on abstractors
CHARLENE PERRY's Blog
2015/10/05
3 comments

9th Circuit Reverses; Suit Goes Forward re: Mtg Loan Debt Collectors
john gault's Blog
2015/07/20
1 comments

"India" is not the problem
Thomas Pryde's Blog
2015/04/16
12 comments

Independent Abstractors: Well Trained Specialists (Part Three)
Thomas Pryde's Blog
2015/04/09
1 comments

Independent Abstractors: Making Peace With Technology (Part Two)
Thomas Pryde's Blog
2015/03/26
1 comments

Independent Abstractors: Dying Breed or Valued Specialists? (Part One)
Thomas Pryde's Blog
2015/03/19
2 comments

Introductions
Thomas Pryde's Blog
2015/03/10
0 comments

Reconstruction of Past Persons
William Pattison 's Blog
2015/02/20
0 comments

Violations of Professional Codes
William Pattison 's Blog
2015/02/16
3 comments

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