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Fraudulent Conveyances

When a debtor conveys real estate with the intent to avoid their creditors' efforts to collect on their debts, oftentimes the creditor can enlist the courts to have the conveyance voided.  But intent is hard to directly prove, so the law helps out by providing a list of red flags that tend to show a fraudulent conveyance.  An innocent debtor can run into problems if their conveyance raises some of these red flags, as a recent Georgia case shows.

"Unrecording" of Documents Questioned in Franklin County, Ohio

Title professionals in Franklin County, Ohio have been caught off guard by the recently elected recorder's new practice of "unrecording" deeds that have what the recorders' office believes to be "fatal errors".

NYSLTA Applauds Enactment of Title Agent Licensing in New York

New York will soon join 47 other states requiring title agents to be licensed under a provision contained in the state’s 2014-15 budget, a move that has been endorsed by the New York State Land Title Association (NYSLTA).

AccuSearch Company
RealtyTrac: Foreclosure Activity at Lowest Level Since Spring 2007

Housing data provider RealtyTrac has released its U.S. Foreclosure Market Report for March and the first quarter of 2014, which shows foreclosure filings down 23 percent from a year ago in March.  Foreclosure filings in the first quarter were the fewest since the second quarter of 2007.

Quick links
New York title company takes aim at D.C.'s crowded commercial real estate market
A New York City-based title insurance company has scooped up a pair of D.C.-based firms with the aim of breaking into Washington's multibillion-dollar commercial real estate industry.
Housing tear-downs on the rise as real estate rebounds
With little vacant land left, developers and wealthy buyers are razing small, older houses in sought-after Southern California neighborhoods to build modern mansions.
Fidelity expected to ramp up LPS data operations
Fidelity National Financial has closed its $2.9 billion acquisition of Lender Processing Services, and the question now is what Fidelity will do with LPS.
Va. Beach lawyer accused in two lawsuits
First American filed the suit this month against David R. Flynn, his law firm in Virginia Beach and his company, Assured Title of Virginia.
In wake of embezzlement, liquidation looms
The state's Bureau of Insurance has asked for a hearing to declare Southern Title Insurance Corp., a Richmond-based title insurer that was hit hard by an employee's embezzlement, a candidate for liquidation.
ALTA Applauds CFPB Small Business Advisory Board Bill
The American Land Title Association (ALTA) has applauded bipartisan legislation introduced last week (HR 4383) by U.S. Representatives Robert Pittenger (R-NC) and Denny Heck (D-WA) that creates a small business advisory board at the Consumer Financial Protection Bureau (CFPB).
Medina County, Ohio Begins e=Recording
Medina County, Ohio, is now accepting electronic documents for recording, e-recording service provider Simplifile has announced.
MBA Weekly Report: Mortgage Application Volume Dips
Mortgage applications decreased 1.6 percent from one week earlier, according to data from the Mortgage Bankers Association’s (MBA) Weekly Mortgage Applications Survey for the week ending April 4, 2014.
RealtyTrac: Housing Sales Activity Declines for 4th Month in a Row
Housing data provider RealtyTrac has released its February 2014 Residential & Foreclosure Sales Report, showing that February marked the fourth consecutive month where sales activity has decreased on a monthly basis.
The Full Credit Bid Rule
A title insurer's agent participated in a fraud, and a lender was victimized by the fraud and lost money.  The lender had supplemental coverage from the title insurer covering for the agent's fraud and mistakes.  But the insurer was able to avoid paying the claim because the lender made a critical error.
The Wrong Defendant

A title insurer was informed about a lawsuit in which the plaintiff was seeking to have a deed of trust it had insured invalidated as a forgery.  But the insured bank under the policy had not been named in the lawsuit.  Furthermore, the policy stated that the title insurer only had to take action upon written request of its insured, and its insured had not been the one to inform them of the lawsuit.  What was the insurer required to do, if anything?

The Old Slice and Dice Ruse

A bank disingenuously sliced and diced Ohio's foreclosure statute to get a second chance at bidding at a foreclosure sale, which it had forgotten to attend the first time around, and the court fell for it, throwing the buyer at the foreclosure sale under the bus in the process.  Would an appeals court see through the bank's deception?

On the Blogs

Check your E&O Insurance
Brian's Blog
2014/03/25
0 comments

New PA Lien Law Causes Confusion Among Realtors, Lenders
Blurbs from the Bossman
2014/02/27
5 comments

5 Ways to Save Money on Worker's Comp
Carly Wright's Blog
2014/02/26
0 comments

5 Things to Do Before Hiring a Personal Injury Attorney
Carly Wright's Blog
2014/02/25
0 comments

5 Ways to Prep for a Successful Signing
Herbert Willis's Blog
2014/02/10
0 comments

Maryland Senate Bill 229- limits on fees charged by Homeowner's Associations
CHARLENE PERRY's Blog
2014/02/03
0 comments

Top 5 Iphone Apps for Mobile Notaries
Herbert Willis's Blog
2014/01/31
4 comments

The top 7 Commonly Missed Documents By Mobile Notaries
Herbert Willis's Blog
2014/01/08
7 comments

Title Industry Slow Down
ProTitleUSA Foreclosure Defense and Offense Blog
2014/01/08
0 comments

Today the Fed Announced It Will Trim Its Bond Buying
john gault's Blog
2013/12/18
0 comments

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