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Your Spouse Can Mortgage Your Property Without Your Signature?

Can your spouse unilaterally mortgage your jointly owned property without your express consent via your signature?  In an Oregon case, the answer to this question was "Yes".

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Indiana Underwriting Counsel Awarded National Title Professional Designation
Danielle Kaiser, of Westfield, Ind., has been awarded a National Title Professional (NTP) designation from the American Land Title Association.
AccuSearch Company
TitleExpress Now Integrated with First American SMS TrustLink
TSS Software, a provider of technology solutions for the title industry, has announced that its TitleExpress platform is now integrated with First American's SMS TrustLink platform.
MBA Weekly Report: Mortgage Applications Decrease
Mortgage applications decreased 2.7 percent from one week earlier, according to data from the Mortgage Bankers Association’s (MBA) Weekly Mortgage Applications Survey for the week ending August 8, 2014. 
Quick links
New suit alleging kickbacks should be "wake-up call" for brokers: analysts
A new federal court suit alleging kickback violations by one of the country's top-producing real estate sales teams raises an unsettling question for homebuyers.
Court abstractor accused of stealing records sentenced
A courthouse researcher charged with taking official records from the Columbia County Clerk of Superior Court's office last summer pleaded no contest to a trespassing charge and was sentenced to probation.
Florida Title Agent Arrested in Mortgage Fraud Scheme
A Melbourne, Florida Title Agent was arrested along with a Maryland CPA in a multi-million dollar mortgage fraud scheme.
Former San Fran Fed Employee Threatened To Murder Ex-FHFA Head Ed DeMarco
A high level executive at the FHFA, the regulator of Fannie Mae and Freddie Mac, is accused of threatening to kill the former head of the agency.
Audit: Mojave County recorder's office misused funds
A state audit concluded the Mohave County Recorder's Office misused about $150,000 in collected fees last year meant for specified tech purposes.
Two Michigan Counties Begin e-Recording
Electronic recording (e-recording) of land records is now available in Jackson and Montcalm counties in Michigan, e-recording service provider Simplifile has announced.
MBA: Mortgage Delinquency Rate at 6 1/2 Year Low
The delinquency rate for mortgage loans on one-to-four-unit residential properties decreased to a seasonally adjusted rate of 6.04 percent of all loans outstanding at the end of the second quarter of 2014. The delinquency rate decreased for the fifth consecutive quarter and reached the lowest level since the fourth quarter of 2007.  The delinquency rate decreased seven basis points from the previous quarter, and 92 basis points from one year ago, according to the Mortgage Bankers Association’s (MBA) National Delinquency Survey.
MERS Must Record Mortgage Assignments in Pennsylvania

A ruling last month from a Federal District Court in Pennsylvania ruled that MERS members have violated the law by failing to record assignments when mortgages are conveyed between MERS members. 

Kentucky court, to purchasers: "Do a thorough title search."

Despite the ruling in the case we discussed last week, it would not be safe to assume that you buy a property free and clear of any encumbrances that are not found through a current owner search, as is made clear in a recently decided Kentucky case.

Judge: Current Owner Searches are Reasonable for Purchases

Is a current owner search a reasonable search for a buyer to conduct when buying a property, even when the current owner did not gain title through a warranty deed arising from an arms-length transaction?  A Federal District Court judge thinks so, agreeing with a bankruptcy court judge that came to the same conclusion.

"How can we pay this claim, when the loss hasn't been determined?"

In paying claims, a title insurer can, in certain circumstances, wait for the outcome of a foreclosure or other litigation in which its insured may collect money.  In other circumstances, the title insurer has to go ahead and pay the claim even when there is pending litigation that could reduce the loss of its insured.

Sometimes, an Agent is not an Agent

As a buyer in a real estate transaction, you may deal with several persons whose profession title includes the word "agent".  Only some of the persons will be your agent, however-- and whether a particular person is your agent or not will have a profound effect on your liability for their actions if they screw up.

Screwed, More or Less

A survey exception in a title insurance policy can exclude coverage even when the dimensions of the property are less than stated due to an out-conveyance of a parcel that was missed by the title insurer.

On the Blogs

Third party vetting issue rears it's ugly head again
CHARLENE PERRY's Blog
2014/08/15
2 comments

Non Public Information and title agents
CHARLENE PERRY's Blog
2014/08/14
0 comments

Legacy
William Pattison 's Blog
2014/07/22
2 comments

Name Runs: A Brief Lesson
William Pattison 's Blog
2014/07/21
2 comments

Adding a blank 1st Page Cover Sheet to recordings- Maryland
CHARLENE PERRY's Blog
2014/07/07
4 comments

Are you a Digital Criminal?
William Pattison 's Blog
2014/06/06
0 comments

Privacy vs. the Public Record
William Pattison 's Blog
2014/05/30
3 comments

Punished for trying to fix a flawed mortgage
Slade Smith's Blog
2014/05/27
6 comments

Ohio's H.B. 201 Gets My Vote for Worst Bill of the Year
Source of Title Blog
2014/05/06
0 comments

Expressed Agreements v the Uniform Commercial Code
john gault's Blog
2014/04/18
0 comments

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