CLTA eNews - March 2016 In This Issue
CLTA NEWS
SACRAMENTO REPORT
INDUSTRY NEWS
COURT CASES
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CLTA NEWS
It has come to the attention of the CLTA that the incidence of URL spoofing of title company Internet domain names has increased dramatically in the past several months.  Additional information will be forthcoming from the CLTA on this and other fraud techniques. ...
 
The CLTA Technology Committee has issued a whitepaper to provide "data protection" guidance (as it pertains to email) to the California Land Title Association’s members for the purposes of complying with the "ALTA Best Practices." This guidance will cover the CLTA’s interpretation of Chapter 3 of the "Best Practices" documentation.
 
Please join us April 24-26, 2016 for CLTA's 109th Annual Convention at the beautiful Balboa Bay Resort.  Register now!   
 
CLTA is pleased to offer: Bankruptcy Basics, a 1.5-hour live webinar delivered to your desktop on Wednesday, May 11, 2015 from 10:00am - 11:30am. (Originally scheduled for April 13, 2016). Participants requesting MCLE or PD will receive 1.5 CE credit for participating in the webinar.  ...
 
CLTA is pleased to offer:  New Laws/New Cases 2015, a 1.5-hour recorded webinar available now. Participants requesting MCLE or PD will receive 1.50 CE credit for participating in the webinar.  ...
 
Reference Your California Land Title Association - 2016 Membership Directory Online, any time!  Your digital edition of the 2016 CLTA Membership Directory is always available online, for whenever you are need contact information for your industry peers, or information about CLTA.   This online version is the same as your print copy.
 
SACRAMENTO REPORT
Assembly Bill 1974 (Gallagher) amends the recording law to require that documents that are re-recorded generally be executed and acknowledged as new documents and contain a notation on the face specifying the reason for the rerecording. ...
 
Assembly Bill 2143 (Irwin) would authorize a county recorder to enter into a contract with an authorized submitter, other than a title company or institutional lender, for electronic recording. The bill also expands ...
 
Senate Bill 983 was introduced by Senator Mike Morrell (R. Rancho Cucamonga). The bill would require the mortgagee to provide the mortgagor with a copy of the notice of default, indicating the recording date and  ...
 
The California Law Revision Commission is considering changes to the various laws requiring publication of notices in judicial districts. These changes would impact the publication of notices relating to foreclosure sales. ...
 
Data Trace Union Bank
INDUSTRY NEWS
A no-action procedure has been finalized by the Consumer Financial Protection Bureau.  The policy permits companies to request "no-action" letters so that the bureau can let the company know that it does not have a "present intention" to initiate enforcement or supervisory actions based on ...
 
The California Supreme Court recently issued its much anticipated decision in the case of Yvanova v. New Century Mortgage Corporation. Fortunately, theruling is a narrow one that a borrower has standing to sue for wrongful foreclosure where the transaction by which the beneficiary acquired the loan was void at its inception. Less helpful is the Court’s failure to thoroughly examine the distinction between void and voidable transactions.  Follow the link to read a comprehensive discussion of the case by Jonathan D. Fink and T. Robert Finlay with Wright, Finlay and Zak, LLP
 
Soon after the TILA-RESPA Integrated Disclosure (TRID) rule took effect, October Research, LLC published a series of stories detailing the issues surrounding the first closings under TRID. In the series, experts said ...
 
Petru Corporation Hershorin & Henry LLP Adeptive Software
COURT CASES
Salazar v. Matejcek (A144106)
Defendant built a road on plaintiffs' property, with a gated fence and water tanks. Areas had been cleared and culverts constructed, with pipes extending up the hill, and a marijuana garden on plaintiff's property. The court affirmed ...
 
Picerne Construction Corp. v. Castellino Villas (C071197) 
In the published portions of the opinion, the court held:  Even though the City had issued certificates of occupancy for the 11 apartment buildings within the project on July 25, 2006, roof and stairway work required under ...
 
Bae v. T.D. Service Company (B262921)
Defendant filed an unchallenged declaration of nonmonetary status under Civil Code section 2941l, asserting that it had been named as a defendant solely in its capacity as trustee under the pertinent deed of trust, and not ...
 
Yvanova v. New Century Mortgage Corporation (S218973)
Plaintiff alleged that the deed of trust on her residence was improperly securitized and assigned from the original lender to several successive mortgagees and trustees, and ultimately improperly sold at foreclosure. The Supreme Court held ...
 
Orcilla v. Big Sur, Inc. (H040021)
The court reversed in part and affirmed in part the sustaining of a demurrer in this action to set aside a trustee's sale, holding:   Plaintiffs stated a cause of action to set aside the trustee's sale based on the unconscionability of the loan. Additionally ...
 
 

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