AbstractorPro (Real Title Services)
Register
Log In
Forget your Password?

Home
Directory
Bulletins
Forums
Blogs
Articles
Links
Classifieds
About Us
Contact Us
Advertise
FAQ
Privacy Policy


Discussion
<< get older messagesget newer messages >>
to post a message: login - or - register | search messages | show all replies



[+] Capitol Services, Austin, TX - Edward Ulric/SC (2 replies)
12/14/2013 7:43:46 AM (2050 views)

[+] First National Bank Looking for Courthouse Researchers - David Bloys/TX (3 replies)
12/12/2013 1:37:46 PM (5191 views)

Notice Relating to all City of Lynn foreclosure deed filings - Leigh Attridge/MA
12/11/2013 11:32:47 AM (1380 views)

[+] global data/ title prep - cynthia hoffman/PA (9 replies)
12/9/2013 5:04:24 PM (3307 views)

[+] reliable property reports - Joseph Kelley/MO (3 replies)
12/9/2013 12:09:36 PM (2824 views)


Real Title Services


[+] Southeastern Title Services in Al - jane guiles/AL (1 reply)
12/5/2013 9:05:48 PM (2757 views)

[+] New requirements on 1 owner searches - Alix Ott/MI (20 replies)
12/5/2013 5:02:18 PM (2510 views)

[+] RELIABLE NH Abstractors Needed ASAP - K C/NJ (1 reply)
12/5/2013 12:54:23 PM (2130 views)

[-] Comment on "Federal Appeals Court Issues Decision in Carter v. Welles Bowen" - Source of Title/OH (5 replies)
12/4/2013 10:31:59 AM (1823 views)
Common Sense - Wyatt Bell/FL
12/4/2013 10:31:59 AM (5583 views)
Re: Common Sense - Slade Smith/OH
12/4/2013 2:14:15 PM (5493 views)
Re: Common Sense - Wyatt Bell/FL
12/4/2013 4:58:10 PM (5543 views)

Slade,

If you read Sec. 2607(c)(4) there is no mention of "office space", "employees", "initial capital" or other criteria set-forth in the 10 point Policy Statement.

The court, "The statute establishes three prerequisites for this safe harbor, and everyone agrees that the defendants in this case (several realty companies and title companies) satisfied them."

The argument was that a "fourth condition" fashioned through a "policy statement" trumped the statute! 

The court in the 3rd to last paragraph of the decision stated:

"Purpose at any rate is a two-edged sword, and in this instance it furthers our interpretation. Consider the purpose of the safe harbor. As the policy statement itself explains, the statute as first enacted created legal uncertainty about profiting from referrals to affiliated companies. Congress created the affiliated-business-arrangement safe harbor to eliminate this uncertainty. The statute’s precision in defining the boundaries of this exception reflects this objective. A multi-factor inquiry that seeks to distinguish bona fide providers from shams in new ways would reintroduce much of the uncertainty the safe harbor meant to eliminate."

My point is that governmental agencies are extending and modifying congressional legislative intent and not simply by rule promulgation but with such methods as policy statements. It's the method and application that fails, not that sham businesses are OK.

My simple contention is that congress needs to adopt the 10 points in Section 2607 should a majority vote be supported by the underlying constituency. 

 

 

 

to post a reply: login - or - register


Re: Common Sense - Slade Smith/OH
12/9/2013 12:40:06 AM (8409 views)
Re: Common Sense - george Hubka/MI
12/9/2013 7:56:13 AM (5249 views)

EasyDocs123.com - John Rawlings/WI
12/3/2013 2:47:27 PM (1770 views)

[+] Database for Title Reports - Smitty Strickland/SC (7 replies)
12/1/2013 6:15:05 PM (2242 views)

[+] Simplicity Settlements - Marian Severance/PA (4 replies)
12/1/2013 12:49:07 PM (1974 views)

[+] TTR Real Estate - Marian Severance/PA (1 reply)
12/1/2013 12:47:59 PM (1920 views)

VEL IT SOLUTION, INC. - Rita Killary/NY
11/29/2013 1:53:32 PM (2007 views)

[+] ProTitle - Ellen Maher/MI (33 replies)
11/27/2013 2:23:53 PM (2517 views)


<< get older messagesget newer messages >>

DISCLAIMER: These Message Forums are un-moderated and Source of Title does not endorse the content of any of the posts. Source of Title discourages libelous comments and you, as the sole creator of the content, take full responsibility for your remarks.
Directory

The Source of Title Business directory has 8917 listed companies.

Leave feedback on a company:
SOT ID #:  learn more...
DRN Title Search
Blogs

Read other users' blogs-- or start your own!

Most Recent Blog Posts:

Unveiling the Costs: Why Commercial Title Searches Command a Premium
Security American's Blog
2024/04/17
0 comments

Protecting Your Home: The Ins and Outs of Deed Theft and How to Shield Yourself
Security American's Blog
2024/03/21
0 comments

Exploring the Implications of Eliminating Mandatory Title Insurance
Security American's Blog
2024/03/11
0 comments

Articles

Source of Title articles help to keep you informed on the state of the title industry.

Higher Interest Rates Keep Single-Family Housing Starts Flat in April
“While the start of the year has seen an expansion for single-family home building because of a lack of existing h...
Proof and Socure partner to combat fraud and forgery in the $200 trillion exchanged through contracts, authorizations, and forms
"With the explosion of new fraud vectors, our mission at Socure remains steadfast: use AI to deliver the most accurate a...
MBA President and CEO Bob Broeksmit, CMB, Takes Aim at Basel III, Overregulation; Calls for a "National Housing Director" in Exchequer Club Speech
"Taken as a whole, the administrative state is creating what I call 'regulatory knots.' As these knots grow, they restri...
Mortgage Applications Increase in Latest MBA Weekly Survey
“While the downward move in rates benefits prospective homebuyers, mortgage rates are still much higher than they ...
Higher Mortgage Rates Hammer Builder Confidence in May
“The market has slowed down since mortgage rates increased and this has pushed many potential buyers back to the s...

Search Articles:
browse...

Classifieds

Buy, sell, or trade! Browse the ads or post your own!

© 2020, Source of Title.