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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 Update

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.


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...




Getting ready for the TILA-RESPA Intergrated Disclosure

As you may know, changes are coming again to the HUD Settlement Statement and related closing disclosure documents. We want you to be prepared for the new rules and new forms that went into effect on October 3rd, 2015. To that end, Sue Ellen Rogal, Underwriting Counsel in our Boston office, has put together the following memo, together with a plan for future informational bulletins and webinars. If you have any questions about the new Loan Estimate and Closing Disclosure forms, please click here to contact Attorney Sue Ellen Rogal.


October 3, 2015 is here! The Integrated Mortgage Disclosures under the Real Estate Settlement Procedures Act (Regulation X) and the Truth In Lending Act (Regulation Z) final rule are now effective, and will apply to transactions for which the lender receives an application on or after that date. Because application of the rule, and use of the new forms, turns on the date of loan application, and not the closing date, you may still be asked to close loans after October 3rd using the current TIL and HUD Settlement Statement, if the application was submitted prior to October 3rd.

The final rule creates two new forms – the Loan Estimate and the Closing Disclosure. The Loan Estimate is a 3-page form which looks like a combination TIL/GFE. It is designed to provide consumers with information which may be helpful in understanding the features, costs and risks associated with the mortgage loan for which they are applying. The Loan Estimate must be provided to consumers no later than three (3) business days after they submit a loan application. The Closing Disclosure is a 5-page form and looks like a combination TIL/GFE/HUD. It is designed to provide consumers with information helpful to understand the costs associated with their mortgage loan. The Closing Disclosure must be provided to consumers three (3) business days before consummation. Consummation is a defined term, and it occurs when the consumer becomes contractually obligated to the creditor on the loan. (Because we don’t disburse until we record in Massachusetts, I think consummation date will equal closing date for purchases, but for a refinance, consummation may be the disbursement date. TBD)

The two new forms must be used for most closed-end consumer mortgages. It is important to note that home equity lines of credit, reverse mortgages and mortgages secured by a mobile home (or other dwelling not attached to real property) are not subject to the new rule, and will continue to use the separate TIL and HUD forms now in use. [Note: A home equity loan is subject to the new rule. The distinction is between line (open-ended, consumer writes checks in amounts that vary) and loan (closed-ended, one-time payment to consumer).] The TILA-RESPA rule does not apply to commercial transactions; it does not apply to mortgage loans made by individuals who are not considered “creditors” because they make 5 or fewer mortgages per year (i.e. mortgages given by family members).

The Consumer Financial Protection Bureau has put together several downloadable guides, together with sample forms and a disclosure timeline; you may find these on the CFPB’s website. The TILA-RESPA Integrated Disclosure rule Small entity compliance guide is a 91-page document and is written in an easy-to-read FAQ format. (No, really, I mean that!) I think this will end up being the resource we turn to when questions arise in practice. The TILA-RESPA Integrated Disclosure Guide to the Loan Estimate and Closing Disclosure forms is 98 pages long; while also easy to read, it’s more like a text book, with a little more detail. Grit your teeth and read the forms guide first – it makes the timeline and forms easier to understand and the FAQs easier to follow. Start reading now, so that when your lenders ask if you’re ready, you’ll be able to say YES!

To help with your preparation, we will be posting TILA-RESPA Integrated Disclosure facts on our Facebook page and website, and conducting a series of free webinars for our agents. Follow us at and

Our company has been issuing monthly video messages regarding the TILA-RESPA changes – follow this link to see them all.


Web Based Seminars

The TILA-RESPA Integrated Disclosures Webinar Series is here! Click here  to see the full schedule. Click here to put your email address on our evite list.

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