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[+] Southeastern Title Services in Al - jane guiles/AL (1 reply)
12/5/2013 9:05:48 PM (2749 views)

[+] New requirements on 1 owner searches - Alix Ott/MI (20 replies)
12/5/2013 5:02:18 PM (2502 views)

[+] RELIABLE NH Abstractors Needed ASAP - K C/NJ (1 reply)
12/5/2013 12:54:23 PM (2123 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 (1813 views)
Common Sense - Wyatt Bell/FL
12/4/2013 10:31:59 AM (5546 views)
Re: Common Sense - Slade Smith/OH
12/4/2013 2:14:15 PM (5458 views)
Re: Common Sense - Wyatt Bell/FL
12/4/2013 4:58:10 PM (5507 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. 

 

 

 

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Re: Common Sense - Slade Smith/OH
12/9/2013 12:40:06 AM (8368 views)
Re: Common Sense - george Hubka/MI
12/9/2013 7:56:13 AM (5212 views)

EasyDocs123.com - John Rawlings/WI
12/3/2013 2:47:27 PM (1765 views)




[+] Database for Title Reports - Smitty Strickland/SC (7 replies)
12/1/2013 6:15:05 PM (2235 views)

[+] Simplicity Settlements - Marian Severance/PA (4 replies)
12/1/2013 12:49:07 PM (1964 views)

[+] TTR Real Estate - Marian Severance/PA (1 reply)
12/1/2013 12:47:59 PM (1911 views)

VEL IT SOLUTION, INC. - Rita Killary/NY
11/29/2013 1:53:32 PM (2002 views)

[+] ProTitle - Ellen Maher/MI (33 replies)
11/27/2013 2:23:53 PM (2510 views)

Mind blowing.... well maybe not? - Nils Nelson/ME
11/26/2013 2:22:56 PM (3086 views)

[+] JPMorgan 13 Billion Settlement - Leigh Attridge/MA (1 reply)
11/19/2013 3:58:20 PM (3522 views)

[+] Just talked with Eclipse Real Estate Services - Tammy Skrzypek/FL (7 replies)
11/18/2013 6:13:35 PM (2669 views)

[+] Customers that don't pay for your searches - Miriam Shoaff-Rolles/IN (3 replies)
11/18/2013 7:53:28 AM (2443 views)

[+] Comment on "Why "Robo-Signed" Mortgage Assignments Usually Survive Challenges in Foreclosure" - Source of Title/OH (4 replies)
11/18/2013 7:42:22 AM (1922 views)


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