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Illegal Sham AfBAs May Still Exist After Carter v. Welles Bowen
In a Federal Court in Kentucky, the Consumer Financial Protection Bureau has survived a motion on the pleadings by the defendant in an alleged sham affiliated business arrangement case, CFPB v. Borders & Borders, PLC. In doing so, the court may have breathed some new life into enforcement efforts against sham affiliated business arrangements, by reviving some of the analysis of shams that was struck down in a recent federal appeals court case.
RealtyTrac: Foreclsoure Activity Rises on Monthly Basis in January
Foreclosure data provider RealtyTrac has released its U.S. Foreclosure Market Report for January 2015, which shows foreclosure filings in January increased by 5 percent from the previous month but are still down 4 percent from a year ago.
AccuSearch Company
MBA Weekly Report: Refinance-Driven Volume Spike Ending
Mortgage applications decreased 13.2 percent from one week earlier, according to data from the Mortgage Bankers Association’s (MBA) Weekly Mortgage Applications Survey for the week ending February 13, 2015.
RedVision Projects In-House Coverage of 90% of U.S. Population By Year End
National title search and examination service provider RedVision has announced that it now performs in-house searches covering 76% of the U.S. population and is projected to reach 90% by year-end.
Quick links
Can That Easement Stand?
Short answers to some common questions that arise when a pipeline company seeks to use an old easement for new pipeline construction.
POINT OF VIEW: Misunderstanding Imbued Title Insurance Industry
4th Circuit Rules Executed But Unrecorded Security Interest Has Priority Over IRS Tax Lien (Maryland)
On October 31, 2014, the U.S. Court of Appeals for the 4th Circuit interpreted Maryland law in ruling that a bank's security interest in a Chapter 11 debtor's property created by a deed of trust that was executed before, but recorded after, the Internal Revenue Service filed a tax lien, had priority over the tax lien.
Federal Housing Administration in the Black for First Time Since 2011
The slow pace of recovery could hamper the agency's efforts to boost the housing recovery, however.
Borrowers, Beware: The Robo-Signers Aren't Finished Yet
Robo-signed foreclosure documents may interfere with Fannie Mae's recent push to get deficiency judgments on thousands of Florida borrowers.
Seminole County, FL Begins E-Recording

Seminole County, Florida has become the 42nd county in the state to implement e-recording, according to e-recording service provider Simplifile.

Title Insurer Negligence Liability to Policyholders for Negligent Searches?
Last week, we discussed the “Kansas Rule,” which provides that a title searcher can be liable for negligence to the buyer in a real estate transaction, even though the searcher conducted its search for a title insurer or attorney, not the buyer. This week, we discuss another oddball state rule—in another state, a title insurer can be liable to its policyholder for negligence if its search is not accurate.
Title Searcher Liability to the Parties in a Real Estate Transaction

It’s the exception to the rule, but in at least one state, title searchers can be successfully sued directly by a buyer in a real estate transaction when the searcher has missed something, even in the typical case where the searcher is performing the search for a title insurer or lawyer or other client, and has had no contact with the buyer.

A Bad Split of Property in a Divorce
State divorce courts routinely issue orders to split up marital property. But sometimes when an ex-spouse owns property in another state, the property split may not be effective if the order is not crafted correctly.
A Forged Deed Can Be a Good Deed, Part II
A deed with a forged signature is a legal nothingness—void, void ab initio, a nullity, null and of no effect. Every bit of legal jargon that means "completely and utterly worthless" applies to a forged deed! That’s how legally worthless a forged deed is.  But even so, there are a few circumstances where having a forged deed is better than having no deed at all.
On the Blogs

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

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

The Deed of Trust Trustee, Laws, and the Constitution
john gault's Blog
2015/02/08
2 comments

An End to Outsourcing & Off-Shoring of Title?
William Pattison 's Blog
2015/02/03
7 comments

Civil Records, Probate, Title and Same Sex Marriage Collide at Supreme Court
William Pattison 's Blog
2015/01/28
12 comments

Season Shift in Foreclosure Marlet
William Pattison 's Blog
2015/01/15
0 comments

Je Suis Charlie
William Pattison 's Blog
2015/01/12
2 comments

New Year Fun: Shoot for the Moon then Abstract the Lunar Homestead
William Pattison 's Blog
2015/01/01
0 comments

Chilling the Bid
William Pattison 's Blog
2014/12/15
1 comments

Bankrutcy Protection for Foreclosure Investors
William Pattison 's Blog
2014/12/07
0 comments

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