» Archive for the ‘Title Insurance’ Category
Florida Title Insurance Case Law And Constutional Challenges
BARRY I HECHTMAN et al Petitioners vs NATIONS TITLE INSURANCE OF NEW YORK et al Respondents
We have for review a decision on the following question certified by the Third District Court of Appeal to be of great public importance:
WHETHER § 627.792, FLA. STAT. (1997), WHICH PROVIDES THAT AN INSURER IS LIABLE FOR THE MISFEASANCE [...]
RESPA Cases In The News
The following RESPA cases address the issue of violating provisions of RESPA Section 8 and HUD’s implementing regulations.
Wesley Murray: Kelly Renee Murray, Plaintiffs - Appellants v. Fidelity National Financial, Inc.; Fidelity National Title Group; Chicago Title Insurance Company; Ticor Title Insurance Company; Chicago Title Insurance Group; Fidelity National Title Insurance Company, Defendants - Appellees [...]
Administrative brokerage commission fee of $149 (the “ABC Fee”) violates Section 8(b) of the Real Estate Settlement Procedures Act (“RESPA”), 12 U.S.C. § 2601, et seq.
This matter is before this Court on Plaintiff Vicki V. Busby’s (“Busby”) appeal of the district court’s denial of class certification to a class of plaintiffs seeking damages arising out of Defendant JRHBW Realty, Inc.’s, d/b/a RealtySouth (“RealtySouth”), alleged violation of Section 8(b) of the Real Estate Settlement Procedures Act (“RESPA”), 12 U.S.C. § 2601, [...]
627.7711 Definitions.–As used in this part, the term:
(1)(a) “Closing services” means services performed by a licensed title insurer, title insurance agent or agency, or attorney agent in the agent’s or agency’s capacity as such, including, but not limited to, preparing documents necessary to close the transaction, conducting the closing, or handling the disbursing of funds related to the closing in a [...]
627.7831 Commitments; charges; collection
(1) When a title insurance commitment to insure a title or risk is issued at the request of the insured or the insured’s representative, agent, or agency, a portion of the premium must be charged for the commitment when issued. The portion of the premium charged for the commitment must be credited to the premium [...]
Consumer Financial Protection Agency Act of 2009
Laufer, J. and Norelli, N. (2009).
On October 22, 2009 H.R. 3126, the Consumer Financial Protection Agency Act of 2009, was amended in the Obama administration’s push to get a Consumer Financial Protection Agency (CFPA) up and running. The “insurance exemption” to the CFPA releases insurance companies and products, such as credit, life, title and mortgage [...]

