Title search industry key legal news

Pending CFPB rule could lead to flood of foreclosure challenges - If the Consumer Financial Protection Bureau wishes, it could allow borrowers to challenge future foreclosure actions by questioning whether the loan was a “qualified mortgage” in court.

Are Non-Traded REITs Finally Headed Toward Transparency For Investors? - Since the market for non-traded REITs is unlikely to disappear, the question is, will those who market and sell non-traded REITs learn from past mistakes and the resulting litigation? Also, will FINRA put in place the necessary regulations to ensure that the investment in non-traded REITs by future investors is as transparent as possible?

Realtors: We Overcounted Home Sales for Five Years - Data on sales of previously owned U.S. homes from 2007 through October this year will be revised down next week because of double counting, indicating a much weaker housing market than previously thought.

Ticking time bomb of property title trouble in foreclosures – white paper - Courts are scrutinizing whether the parties initiating foreclosures against homeowners legallypossess the authority to repossess those homes. When the authority is absent, foreclosure salesmay be reversed.

CA Court - Lis pendens of mechanics lien is not slander of title - The California Court of Appeal recently held that the recording of a lis pendens in connection with a mechanic’s lien foreclosure action is protected by the litigation privilege and cannot support a slander of title claim, even if the underlying lien claim lacked any evidentiary merit.

 

 

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