CONVEYANCERS FACE CHALLENGES IN THE NEW DECADE
ByMartin Loria and Joel Stein IBAÑEZ As previously reported, the case of U.S. Bank National Association, Trustee v. Ibañez invalidated a foreclosure where the foreclosing entity did not hold the mortgage of record at the time of the first publication pursuant to M.G.L. c. 244 § 14. The decision calls into question REBA Title Standard […]
UNDERWRITING FORECLOSURE TRANSACTIONS
Issues surrounding the insurability of titles coming out of foreclosure have been a hot topic for the REBA’s National Affairs and Title Insurance Committee. Starting with the allegations of robo signing and continuing through the amendments to MGL c.244, underwriters for each of the Title Insurance Companies doing business in Massachusetts have considered the issues […]
ALTA BEST PRACTICES FOR TITLE INSURANCE AND SETTLEMENT SERVICE COMPANIES
Responding to the financial meltdown of 2008, attempts to make mortgage lenders more financially responsible for their third party vendors resulted in CFPB (Consumer Financial Protection Bureau) Bulletin 2012-03, dated April 13, 2012, the American Land Title Association issued a “Best Practices Framework” in January 2013 and updated July 2013. The purpose of the “Best […]
TRAPS FOR THE WARY
Over the next two issues, I will be reviewing issues that have resulted in claims against conveyancers and title insurance companies. I hesitate to repeat the frequently used phrase “traps for the unwary” as “unwary” is defined as “not cautious; not aware of possible dangers or problems”. I believe most conveyancers in this day and […]
Land Court Guidelines: What Real Estate Attorneys Need to Know in 2024
A comprehensive review of updated Land Court procedures and their practical implications for title registration proceedings throughout Massachusetts. Working with representatives of the Real Estate Bar Association, the Boston Bar Assocation, the Registers of Deeds Association, the Title Insurance Industry, The Abstract Club and the Massachusetts Bar Association, the Land Court has issued new and […]