News & Analysis as of

Recording Requirements Mortgages

Seyfarth Shaw LLP

DC Proposed Regulations Modify Deed of Trust Recording Tax Exemptions

Seyfarth Shaw LLP on

New regulations proposed by the District of Columbia affect the recordation tax exemptions for purchase money deeds of trust not recorded simultaneously with the deed, deeds of trust recorded to refinance construction loans...more

Pierce Atwood LLP

Maine Mortgagees: Send Your Mortgagor the Actual Recorded Release, Not a Copy

Pierce Atwood LLP on

On September 13, Maine’s Supreme Judicial Court (the “Law Court”), in a 4-2 split decision, issued an opinion that may expose mortgagees and mortgage servicers to significant liability under the Maine statute that governs the...more

Goodwin

A New Solution to an Old Problem

Goodwin on

Citizens in many countries the world over are plagued by an inability to record their land interests in a reliable and secure registry. Inefficiency, corruption and nepotism are rife, leaving countless people at risk of...more

Bradley Arant Boult Cummings LLP

Notice Me: The New Notice Requirements for HOA Lien Foreclosures in Nevada

In a previous blog post, we reported on Senate Bill 306, passed by Nevada Governor Brian Sandoval on May 28, 2015. The legislation redresses the substantial harm caused by SFR Investments Pool 1, LLC v. U.S. Bank, N.A. In SFR...more

Baker Donelson

New Georgia Law Sets Deadlines for Deeds, Relaxes Attestation Requirements

Baker Donelson on

If you thought you knew the decades-old Georgia requirements for attesting a security instrument or recording a deed under power, think again. These basic rules are changing on July 1, 2015, and the changes are expected to...more

Spilman Thomas & Battle, PLLC

All Consuming - Legal Updates for Consumer Finance Professionals

In This Issue: - Supreme Court Provides TILA Home Loan Rescission Guidance - West Virginia Legislature Proposes Changes to the WVCCPA - Defeating Another Challenge to the Mortgage Electronic Registration System...more

Troutman Pepper

Mortgage Recording: What Happens When There Is An Extra “E”?

Troutman Pepper on

Weiss v. JPMorgan Chase Bank, N.A. (In re Thibault), 518 B.R. 635 (Bankr. D. Mass. 2014) – A chapter 7 trustee sought to avoid a mortgage using his “strong-arm” powers on the basis that it was not properly recorded...more

Ballard Spahr LLP

District Court Issues Crucial Ruling on Pennsylvania's Recording Statute

Ballard Spahr LLP on

The U.S. District Court for the Eastern District of Pennsylvania has held that the failure to create and record written instruments evidencing assignments of mortgages and transfers of promissory notes secured by mortgages on...more

Troutman Pepper

Improperly Indexed Mortgage: How Far Does Your Record Review Need to Go to Be Safe?

Troutman Pepper on

Albert v. Green Tree Servicing, LLC (In re El Erian), 512 B.R. 391 (Bankr. D. D.C. 2014) – A chapter 7 trustee sought to avoid the lien of a recorded deed of trust because (1) it contained both correct and incorrect...more

Ballard Spahr LLP

Mortgage Banking Update - March 08, 2013

Ballard Spahr LLP on

In This Issue: - Kentucky County Clerks Cannot Sue MERS for Failure To Record Mortgage Assignments, Sixth Circuit Rules - Bipartisan Policy Center Proposes New Directions for National Housing Policy - FTC...more

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