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US Century Bank, Florida won TARP loan, now teeters - Leigh Attridge/MA
10/19/2011 12:43:08 PM (4001 views)

[+] Comment on "Bevilacqua v. Rodriguez-- Mass. Buyers out of Foreclosure Get the [Mostly] Bad News" - Source of Title/OH (6 replies)
10/19/2011 11:37:11 AM (3094 views)

[+] Real T Solutions - trish kerns/PA (12 replies)
10/19/2011 10:03:01 AM (3169 views)

[+] Fannie Mae to phase out use of its retained attorney network - CHARLENE  PERRY/MD (2 replies)
10/18/2011 10:58:36 PM (4338 views)

[+] Mass Court rules on Bevilacqua - & it's ugly for good faith purchasers - Leigh Attridge/MA (2 replies)
10/18/2011 7:46:52 PM (4327 views)


Real Title Services


[+] Stewart Title bulletin re compliance with Massachusetts REBA v NREIS decision - Leigh Attridge/MA (2 replies)
10/18/2011 1:30:51 PM (5205 views)

[+] RESPA violation? - Louise Jackson/SC (8 replies)
10/17/2011 9:33:11 AM (2795 views)

[+] In Private Wall Street Bankers Dismiss Protestors as Unsophisticated - Leigh Attridge/MA (16 replies)
10/15/2011 8:25:40 AM (4386 views)

[+] This Is Why they hate you & want you to die - Leigh Attridge/MA (13 replies)
10/13/2011 8:21:31 PM (5021 views)

[+] The OWLS gain a following - Kevin Ahern/CT (28 replies)
10/13/2011 3:05:00 PM (4594 views)

[+] Comment on "Supreme Court to Hear Another RESPA Section 8 Case" - Source of Title/OH (3 replies)
10/12/2011 9:34:28 PM (2893 views)

The Way Forward: Going in Circles - Leigh Attridge/MA
10/12/2011 2:18:08 PM (3669 views)

[+] Helping out a fellow abstractor - Rebecca Cowart/MS (2 replies)
10/12/2011 6:46:33 AM (3046 views)

[-] Mis-using RESPA SECTION 9 ? - edward hartung/OH (7 replies)
10/10/2011 2:15:03 PM (3192 views)
Re: Mis-using RESPA SECTION 9 ? - Robert Franco/OH
10/10/2011 3:22:57 PM (3458 views)
Re: Mis-using RESPA SECTION 9 ? - edward hartung/OH
10/10/2011 3:53:09 PM (3341 views)
Re: Mis-using RESPA SECTION 9 ? - Robert Franco/OH
10/10/2011 5:19:06 PM (3341 views)

RESPA doesn't differentiate between an Owner's Policy and a Lender's Policy.  It merely says that seller cannot require the Buyer to purchase title insurance covering the property from any particular title insurance company. 

I suppose the Seller could argue that the Buyer was free to choose any company he wanted for his Lender's Policy, but as a practical matter the Buyer is never going to use a different company for the Lender's Policy.  If the Seller can require a particular company for the Owner's Policy, it may be an indirect requirement that the Buyer use the same company for the Lender's Policy. 

Besides, in your hypothetical it does appear that the Seller was requiring a particular title company and the Buyer is still paying half the premium.  Isn't that still a requirement that "title insurance covering the property be purchased by the buyer from any particular title company?"

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Re: Mis-using RESPA SECTION 9 ? - edward hartung/OH
10/10/2011 6:47:28 PM (3198 views)
Re: Mis-using RESPA SECTION 9 ? - Robert Franco/OH
10/10/2011 7:03:28 PM (3329 views)
Re: Mis-using RESPA SECTION 9 ? - edward hartung/OH
10/10/2011 7:59:12 PM (3289 views)
Re: Mis-using RESPA SECTION 9 ? - Patrick Scott/IL
10/10/2011 7:14:44 PM (3261 views)

[+] Boston National in NC Bad Pay - Deborah Jackson/GA (5 replies)
10/10/2011 11:37:52 AM (3165 views)


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