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Automatic Subrogation for Refi Lenders: How Junior Lienholders Are Always Prejudiced

In equitable subrogation cases involving refinances, courts have often been persuaded to grant lenders relief because the junior lienholders have not been prejudiced by the refinance, which generally reduces the borrower’s interest rate and puts them in a better financial position in theory. But are junior lienholder always prejudiced in another way by refinances without subrogation agreements?

NAR: Pending Home Sales Index Increased in January
Improved buyer demand at the beginning of 2015 pushed pending home sales in January to their highest level since August 2013, according to the National Association of Realtors. All major regions except for the Midwest saw gains in activity in January.
AccuSearch Company
Bristol South district, Massachusetts Begins e-Recording
Electronic recording (e-recording) of documents in Bristol South district in Massachusetts is now available, e-recording service provider Simplifile has announced.  This makes Massachusetts the sixth state to implement e-recording in all jurisdictions statewide.
Hanover County, Virginia Begins e-Recording
Hanover County, Virginia is now accepting documents for electronic recording, e-recording service provider Simplifile has announced.
Quick links
http://mortgagefraudblog.com/%e2%80%a2former-title-company-owner-heads-prison-bank-fraud-conspiracy/
Kirk Smith, Harris County, Texas, has been ordered to prison following his conviction for defrauding seven different Houston, Texas-area banks of more than $2 million in 2007 and 2008.
A Comment on House Prices: Real Prices and Price-to-Rent Ratio in December
Some experts say that the housing recovery is "faltering". Bill McBride, aka "CalculatedRisk, disagrees.
Can That Easement Stand?
Short answers to some common questions that arise when a pipeline company seeks to use an old easement for new pipeline construction.
POINT OF VIEW: Misunderstanding Imbued Title Insurance Industry
4th Circuit Rules Executed But Unrecorded Security Interest Has Priority Over IRS Tax Lien (Maryland)
On October 31, 2014, the U.S. Court of Appeals for the 4th Circuit interpreted Maryland law in ruling that a bank's security interest in a Chapter 11 debtor's property created by a deed of trust that was executed before, but recorded after, the Internal Revenue Service filed a tax lien, had priority over the tax lien.
MBA: Delinquencies on Residential Mortgages Lowest Since Q3 2007
The delinquency rate for mortgage loans on one-to-four-unit residential properties decreased to a seasonally adjusted rate of 5.68 percent of all loans outstanding at the end of the fourth quarter of 2014, according to the Mortgage Bankers Association.  This was the lowest level since the third quarter of 2007.
MBA Weekly Report: Application Volume Declines; Refinance Spike Continues to Fade
Mortgage applications decreased 3.5 percent from one week earlier, according to data from the Mortgage Bankers Association's (MBA) Weekly Mortgage Applications Survey for the week ending February 20, 2015.  This week's results include an adjustment to account for the Presidents' Day holiday.
Illegal Sham AfBAs May Still Exist After Carter v. Welles Bowen
In a Federal Court in Kentucky, the Consumer Financial Protection Bureau has survived a motion on the pleadings by the defendant in an alleged sham affiliated business arrangement case, CFPB v. Borders & Borders, PLC. In doing so, the court may have breathed some new life into enforcement efforts against sham affiliated business arrangements, by reviving some of the analysis of shams that was struck down in a recent federal appeals court case.
Title Insurer Negligence Liability to Policyholders for Negligent Searches?
Last week, we discussed the “Kansas Rule,” which provides that a title searcher can be liable for negligence to the buyer in a real estate transaction, even though the searcher conducted its search for a title insurer or attorney, not the buyer. This week, we discuss another oddball state rule—in another state, a title insurer can be liable to its policyholder for negligence if its search is not accurate.
Title Searcher Liability to the Parties in a Real Estate Transaction

It’s the exception to the rule, but in at least one state, title searchers can be successfully sued directly by a buyer in a real estate transaction when the searcher has missed something, even in the typical case where the searcher is performing the search for a title insurer or lawyer or other client, and has had no contact with the buyer.

A Bad Split of Property in a Divorce
State divorce courts routinely issue orders to split up marital property. But sometimes when an ex-spouse owns property in another state, the property split may not be effective if the order is not crafted correctly.
On the Blogs

Reconstruction of Past Persons
William Pattison 's Blog
2015/02/20
0 comments

Violations of Professional Codes
William Pattison 's Blog
2015/02/16
2 comments

The Deed of Trust Trustee, Laws, and the Constitution
john gault's Blog
2015/02/08
2 comments

An End to Outsourcing & Off-Shoring of Title?
William Pattison 's Blog
2015/02/03
7 comments

Civil Records, Probate, Title and Same Sex Marriage Collide at Supreme Court
William Pattison 's Blog
2015/01/28
12 comments

Season Shift in Foreclosure Marlet
William Pattison 's Blog
2015/01/15
0 comments

Je Suis Charlie
William Pattison 's Blog
2015/01/12
2 comments

New Year Fun: Shoot for the Moon then Abstract the Lunar Homestead
William Pattison 's Blog
2015/01/01
0 comments

Chilling the Bid
William Pattison 's Blog
2014/12/15
1 comments

Bankrutcy Protection for Foreclosure Investors
William Pattison 's Blog
2014/12/07
0 comments

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