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Are Title Searches Fatal for Certain Fraud Claims?
If a seller lies to a prospective buyer about an aspect of title to the property, it’s probably going to be tough for the buyer to successfully sue the seller for fraud, because the buyer shouldn’t have relied on the lie—the buyer should have done a title search to learn the state of title for themselves. But what if the buyer hires someone to do the title search but still doesn’t learn the true state of title? A recent New Jersey case sheds light on the issue.
Black Knight: House Prices Up 5.4% Annually
Today, the Data & Analyticsdivision ofBlack Knight Financial Services, Inc.released its latest Home Price Index (HPI) report, based onSeptember 2016residential real estate transactions, showing house prices up 5.5% annually.
AccuSearch Company
Black Knight: Delinquency Rate, Foreclosures Down
The Data & Analytics divisionofBlack Knight Financial Services, Inc. reports the following "first look" atOctober 2016month-end mortgage performance statistics, showing delinquency rates, foreclosure starts, and foreclosure inventory all down year over year.
NAR: Pending Home Sales Flat in October
Pending home sales were mostly unchanged in October, but did squeak out a meager gain for the second consecutive month, according to the National Association of Realtors.
Quick links
McHenry County (IL) recorder candidates debate whether position should exist
Is the McHenry County recorder of deeds necessary? It depends on which candidate you ask.
Mass exodus of escrow officers from First American Title results in legal action
More than half of First American Title Insurance Co.'s locally based escrow officers left the company abruptly recently, resulting in millions of dollars worth of residential transactions left in limbo and legal ramifications.
Former First American escrow officers file lawsuit to dispute noncompete clauses
Four of First American Insurance Co.'s former escrow officers who abruptly left their jobs there earlier this month have filed a lawsuit against the title company seeking to nullify the noncompete clauses of their employment contracts.
Deed holder challenging ownership of old Boy's Club
Gene Lamento owns the old Boy's Club on Ionic Avenue. That's his argument, at least, one he said he is unfairly being forced to make after a series of legal maneuvers. On the other hand, city records show the property belongs to Peter Heaney, whose backers characterize Lamento's selfrepresented legal motions as the product of inexperience mixed with a high-energy personality.
No more MSAs: Colorado boldly goes where CFPB has yet to tread
State insurance division passes regulation prohibiting title insurance providers from entering into MSAs with real estate and other settlement service partners.
MBA Weekly Report: Mortgage Application Volume Decreases 9.4%
Mortgage applications decreased 9.4 percent from one week earlier, according to data from the Mortgage Bankers Association's (MBA) Weekly Mortgage Applications Survey for the week ending November 25, 2016. This week's results included an adjustment for the Thanksgiving holiday.
When You Hate Your Nephew So Much That You Want Him Not to Own Your House After You Die
Sometimes, clauses are inserted into deeds that put a lot of restrictions on when a property can subsequently be transferred, or significantly restrict to whom a property can be subsequently transferred. These clauses are generally unenforceable… but not always, and when these clauses are not taken seriously, they can cause big problems, as a recent Virginia case illustrates.
Undiscovered Liens in a Refinance to a Reverse Mortgage

A refinance from a conventional mortgage to a reverse mortgage can involve the same pitfall of an undiscovered lien as a refinance to a conventional mortgage, but it may also present special issues because the principal balance of the refinance reverse mortgage increases.

Private Eminent Domain

Is there such a thing as "private eminent domain"? In other words, can you file a lawsuit to take a right in your neighbor’s land, where you have no preexisting interest in the neighbor’s land? Depending on the state you may have such a right by statute. Just don’t try to exercise your eminent domain right the way one Utah landowner did, or be prepared to pay a stiff cost.

Rescinding an Erroneously-Recorded Mortgage Release
In many states, mortgage lenders are allowed to rescind a recorded release of a mortgage if they have recorded the release in error, by recording a document of rescission. But in some cases where rescinding a release might be advantageous to the lender, the statute may not apply, as a recent North Carolina case illustrates.
Equitable Subrogation to Fix Defective Mortgages
Equitable subrogation is being increasingly applied to cure not only situations where a refinance mortgagee’s priority is compromised, but also situations when a refinance mortgage itself is defective. A recent New Jersey case illustrates.
Land Title Encompasses Land AND Structures
Land titles include not just land, but the buildings attached to the land. Thus, a court order or administrative order to demolish a building affects land title, not just land value, even though it only affects a structure on land.  
On the Blogs

How to Catch a Football As a Wide Receiver
alexander leytan's Blog
2016/12/06
0 comments

A New Curative Statute is Working its Way Through the Ohio Legislature
Source of Title Blog
2016/08/28
0 comments

Title Industry tasked with identifying money launderers
CHARLENE PERRY's Blog
2016/01/14
0 comments

TRID and it's impact on abstractors
CHARLENE PERRY's Blog
2015/10/05
3 comments

9th Circuit Reverses; Suit Goes Forward re: Mtg Loan Debt Collectors
john gault's Blog
2015/07/20
1 comments

"India" is not the problem
Thomas Pryde's Blog
2015/04/16
12 comments

Independent Abstractors: Well Trained Specialists (Part Three)
Thomas Pryde's Blog
2015/04/09
1 comments

Independent Abstractors: Making Peace With Technology (Part Two)
Thomas Pryde's Blog
2015/03/26
1 comments

Independent Abstractors: Dying Breed or Valued Specialists? (Part One)
Thomas Pryde's Blog
2015/03/19
2 comments

Introductions
Thomas Pryde's Blog
2015/03/10
0 comments

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