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[+] First National Bank Looking for Courthouse Researchers - David Bloys/TX (3 replies)
12/12/2013 1:37:46 PM (5183 views)

Notice Relating to all City of Lynn foreclosure deed filings - Leigh Attridge/MA
12/11/2013 11:32:47 AM (1377 views)

[+] global data/ title prep - cynthia hoffman/PA (9 replies)
12/9/2013 5:04:24 PM (3296 views)

[+] reliable property reports - Joseph Kelley/MO (3 replies)
12/9/2013 12:09:36 PM (2819 views)

[+] Southeastern Title Services in Al - jane guiles/AL (1 reply)
12/5/2013 9:05:48 PM (2753 views)


Real Title Services


[+] New requirements on 1 owner searches - Alix Ott/MI (20 replies)
12/5/2013 5:02:18 PM (2506 views)

[+] RELIABLE NH Abstractors Needed ASAP - K C/NJ (1 reply)
12/5/2013 12:54:23 PM (2128 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 (1819 views)
Common Sense - Wyatt Bell/FL
12/4/2013 10:31:59 AM (5560 views)
Re: Common Sense - Slade Smith/OH
12/4/2013 2:14:15 PM (5468 views)
Re: Common Sense - Wyatt Bell/FL
12/4/2013 4:58:10 PM (5517 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 (8378 views)
Re: Common Sense - george Hubka/MI
12/9/2013 7:56:13 AM (5224 views)

EasyDocs123.com - John Rawlings/WI
12/3/2013 2:47:27 PM (1768 views)

[+] Database for Title Reports - Smitty Strickland/SC (7 replies)
12/1/2013 6:15:05 PM (2240 views)

[+] Simplicity Settlements - Marian Severance/PA (4 replies)
12/1/2013 12:49:07 PM (1970 views)

[+] TTR Real Estate - Marian Severance/PA (1 reply)
12/1/2013 12:47:59 PM (1917 views)

VEL IT SOLUTION, INC. - Rita Killary/NY
11/29/2013 1:53:32 PM (2004 views)

[+] ProTitle - Ellen Maher/MI (33 replies)
11/27/2013 2:23:53 PM (2514 views)

Mind blowing.... well maybe not? - Nils Nelson/ME
11/26/2013 2:22:56 PM (3089 views)


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