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[+] Fee insult - Smitty Strickland/SC (5 replies)
12/15/2013 2:37:26 PM (2373 views)

[+] Capitol Services, Austin, TX - Edward Ulric/SC (2 replies)
12/14/2013 7:43:46 AM (2052 views)

[+] First National Bank Looking for Courthouse Researchers - David Bloys/TX (3 replies)
12/12/2013 1:37:46 PM (5197 views)

Notice Relating to all City of Lynn foreclosure deed filings - Leigh Attridge/MA
12/11/2013 11:32:47 AM (1381 views)

[+] global data/ title prep - cynthia hoffman/PA (9 replies)
12/9/2013 5:04:24 PM (3312 views)


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[+] reliable property reports - Joseph Kelley/MO (3 replies)
12/9/2013 12:09:36 PM (2830 views)

[+] Southeastern Title Services in Al - jane guiles/AL (1 reply)
12/5/2013 9:05:48 PM (2762 views)

[+] New requirements on 1 owner searches - Alix Ott/MI (20 replies)
12/5/2013 5:02:18 PM (2512 views)

[+] RELIABLE NH Abstractors Needed ASAP - K C/NJ (1 reply)
12/5/2013 12:54:23 PM (2134 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 (1824 views)
Common Sense - Wyatt Bell/FL
12/4/2013 10:31:59 AM (5595 views)
Re: Common Sense - Slade Smith/OH
12/4/2013 2:14:15 PM (5504 views)
Re: Common Sense - Wyatt Bell/FL
12/4/2013 4:58:10 PM (5555 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 (8416 views)
Re: Common Sense - george Hubka/MI
12/9/2013 7:56:13 AM (5257 views)

EasyDocs123.com - John Rawlings/WI
12/3/2013 2:47:27 PM (1771 views)

[+] Database for Title Reports - Smitty Strickland/SC (7 replies)
12/1/2013 6:15:05 PM (2243 views)

[+] Simplicity Settlements - Marian Severance/PA (4 replies)
12/1/2013 12:49:07 PM (1976 views)

[+] TTR Real Estate - Marian Severance/PA (1 reply)
12/1/2013 12:47:59 PM (1922 views)

VEL IT SOLUTION, INC. - Rita Killary/NY
11/29/2013 1:53:32 PM (2010 views)


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