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Welcome to Chicago and Commonwealth Land Title Massachusetts

We created this website for our valued Chicago Title Insurance Company and Commonwealth Land Title Insurance Company agents throughout Massachusetts.  We pride ourselves on providing our title insurance agents with the right answers, right away.

 
Foreclosure News

The PINTI Decision and Underwriting Guidelines

This memorandum supplements our Company’s existing foreclosure underwriting guidelines in light of the recent Supreme Judicial Court’s decision in Pinti v. Emigrant Mortgage Company,  Inc. , 472 Mass. 226, 33 N.E.3d 1213 (2015) (“Pinti”).

On August 21, 2015, our office distributed a memorandum which discussed the Pinti case and decision at length.  The ruling by the court that the failure to strictly comply with the requirements in the mortgage that was being foreclosed will void a foreclosure has compelled our Company to issue the following underwriting requirements. 

As suggested by the court in its decision, compliance with Pinti can be demonstrated by the recording of an affidavit  evidencing strict compliance with those terms of the mortgage necessary to validly exercise the power of sale (for example, the giving of a notice of breach and acceleration).  Consequently, in order for our Company to consider insuring a foreclosure that is impacted by Pinti, the following guidelines must be adhered to: Read more...

 

 

Foreclosure Update - the Pinti Decision

The Conveyancers' Foreclosure Crisis Continues

On July 17 the Supreme Judicial Court entered its decision in Pinti v. Emigrant Mortgage Company, Inc., 472 Mass. 226, 2015 WL 4366801 (2015). By a 4-3 majority, the Court held that the foreclosure of a mortgage was void and as a result, an arm's length purchaser at the sale had obtained nothing.

Summary

Plaintiffs Phillips and Pinti filed an action against Emigrant, the mortgagee, and Wilion, the arm's length purchaser at the foreclosure sale, in which they challenged the validity of the foreclosure on the grounds that it did not comply with the notice requirements set forth in paragraph 22 of the mortgage.

There have been a number of recent foreclosure challenges in the lower courts based on paragraph 22, with inconsistent decisions. As the Pinti court states: Read more...

 
TILA-RESPA Integrated Disclosures

TRID Update

Almost 3 months have passed since October 3rd, and the world, as we know it, still exists.  Most of you have had your first TRID closing and have found out that the lenders aren’t anywhere near as prepared as we thought they would be…or hoped they would be.  Another thing that hasn’t changed: Some folks are still making things up and putting things in the wrong places, at least according to the Rule.  But you don’t have to worry, because you have our CFPB/TRID materials at your fingertips!

Thanks to everyone who joined us on December 9th for the seventh and final webinar in our TILA-RESPA Integrated Disclosure Series, entitled “Your Thoughts and Questions”. We reviewed many of the questions you’ve asked us, as well as answering some new questions submitted by you and our colleagues.

For those of you who missed the live presentation, a recording of video and audio is now available on our website, together with the previous webinars:  Let’s Get Started, from May 6th; Changing Our Way of Thinking (The Transactional Perspective), from May 20th; Delivery, from June 10th; ALTA Best Practices: Are You Ready, from August 12th, The Loan Estimate, from September 16th, and The Closing Disclosure, from October 14th and 21st.  You may watch them at your convenience by clicking on CFPB/TRID in the toolbar above, and selecting CFPB/TRID Webinars. 

Questions?  Concerns?  Ideas?  New information from your lenders?  Please let us know – assisting our agents through these changes is our top priority. You may email Sue Ellen Rogal, Esquire by clicking on this link.

 

Web Based Seminars

Check back here to see when our next webinar will be held. Click here to put your email address on our evite list.


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