Title Matters Matters Volume 21 . No. 1 Winter 2014 Contents Page one Happy New Year Page Two CFPB...

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Title Matters Volume 21 . No. 1 Winter 2014 CONTENTS PAGE ONE Happy New Year Page Two CFPB Integrated Mortgage Disclosure Final Rule PAGE THREE ORAgentGuard PAGE FOUR ORAgentGuard cont., Lender Requests for Best Practices Documentation PAGE FIVE ORAgentGuard Flyer PAGE SIX Insuring Tax Sales PAGE SEVEN Insuring Tax Sales cont., Cyber Crime...It’s Not Just at Target! PAGE EIGHT Power of Attorney: A Dangerous Instrument Page Nine ALTA Business Strategies Conference - Nashville Page Ten Save the Dates for 2014 A publication of OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY OF TENNESSEE 201 Fourth Avenue North Suite 150 Nashville, TN 37219-2011 Phone 615.244.2101 WATS 800.423.0258 Fax 615.726.0286 HAPPY NEW YEAR Valerie M. Perry, Vice President and Tennessee State Manager Welcome to a New Year! I hope yours is off to a wonderful start, both personally and professionally. The coming months offer many changes in our industry – are you prepared for them? Our goal at Old Republic Title is to help provide you with the tools to deal with the changes ahead with as lile stress as possible. The “Agent Resources” secon, along with the “Best Pracces” tab on the ORT StarsLink page is being connuously updated. The ORT Agency Services and Administraon team is vigilant in keeping the site updated to keep you apprised of recent developments. Just in case you don’t visit StarsLink on a daily basis, Jill and Pam are also trying to keep you informed of developments as they occur. With that goal in mind, this edion of Title Maers includes several arcles wrien to help you become beer prepared for the changes ahead as well as to help you deal with some common situaons that pop up on a daily basis. In response to several agent requests, Jill’s arcle will provide you with informaon about a new service called ORAgentGuard to assist you with employment verificaons, credit reports and background checks which are recommended by ALTA’s Best Pracces #2 and #3. She has also included informaon regarding Cyber Crime. Pam’s arcles will connue to focus on developments with the CFPB Integrated Mortgage Disclosure Final Rule and recent Lender Requests for Best Pracce documentaon. Keeping to business as usual, and addressing issues that frequently occur, Kirk’s arcle deals with tax sales and Mike has addressed quesons and concerns regarding Powers of Aorney. As we go forward, we will connue to strive to bring you up-to-date informaon to keep you “in the know” about what is going on in our industry. We have already confirmed Anne Anastasi for our August seminar to provide you with a comprehensive look at the new CFPB Final Rule. A list of other upcoming events is also included in this issue. I hope as we begin a New Year together that you will take advantage of the many years of knowledge and experience that we have here at Old Republic Title. We are here to serve you and want to do our part in helping you not only protect the business that you’ve built but also to help you grow that business. And so, to you all, may this new year bring with it good health, peace and joy to each and every one of you. Valerie “For last year’s words belong to last year’s language And next year’s words await another voice. And to make an end is to make a beginning.” ---T.S. Eliot

Transcript of Title Matters Matters Volume 21 . No. 1 Winter 2014 Contents Page one Happy New Year Page Two CFPB...

Title Matters Volume 21 . No. 1 Winter 2014

Contents

Page oneHappy New Year

Page TwoCFPB Integrated Mortgage

Disclosure Final Rule

Page threeORAgentGuard

Page FourORAgentGuard cont.,

Lender Requests for BestPractices Documentation

Page FiveORAgentGuard Flyer

Page sixInsuring Tax Sales

Page sevenInsuring Tax Sales cont.,

Cyber Crime...It’s Not Just at Target!

Page eightPower of Attorney: A

Dangerous Instrument

Page NineALTA Business Strategies

Conference - Nashville

Page TenSave the Dates for 2014

A publication of old rePubliC national title

insuranCe ComPany oF tennessee201 Fourth Avenue North

Suite 150Nashville, TN 37219-2011

Phone 615.244.2101WATS 800.423.0258

Fax 615.726.0286

HAPPY NEW YEAR Valerie M. Perry, Vice President and Tennessee State Manager

Welcome to a New Year! I hope yours is off to a wonderful start, both personally and professionally.

The coming months offer many changes in our industry – are you prepared for them?

Our goal at Old Republic Title is to help provide you with the tools to deal with the changes ahead with as little stress as possible. The “Agent Resources” section, along with the “Best Practices” tab on the ORT StarsLink page is being continuously updated. The ORT Agency Services and Administration team is vigilant in keeping the site updated to keep you apprised of recent developments. Just in case you don’t visit StarsLink on a daily basis, Jill and Pam are also trying to keep you informed of developments as they occur. With that goal in mind, this edition of Title Matters includes several articles written to help you become better prepared for the changes ahead as well as to help you deal with some common situations that pop up on a daily basis.

In response to several agent requests, Jill’s article will provide you with information about a new service called ORAgentGuard to assist you with employment verifications, credit reports and background checks which are recommended by ALTA’s Best Practices #2 and #3. She has also included information regarding Cyber Crime. Pam’s articles will continue to focus on developments with the CFPB Integrated Mortgage Disclosure Final Rule and recent Lender Requests for Best Practice documentation.

Keeping to business as usual, and addressing issues that frequently occur, Kirk’s article deals with tax sales and Mike has addressed questions and concerns regarding Powers of Attorney.

As we go forward, we will continue to strive to bring you up-to-date information to keep you “in the know” about what is going on in our industry. We have already confirmed Anne Anastasi for our August seminar to provide you with a comprehensive look at the new CFPB Final Rule. A list of other upcoming events is also included in this issue.

I hope as we begin a New Year together that you will take advantage of the many years of knowledge and experience that we have here at Old Republic Title. We are here to serve you and want to do our part in helping you not only protect the business that you’ve built but also to help you grow that business.

And so, to you all, may this new year bring with it good health, peace and joy to each and every one of you.

Valerie

“For last year’s words belong to last year’s language And next year’s words await another voice.

And to make an end is to make a beginning.”

---T.S. Eliot

CFPB INTEGRATED MORTGAGE DISCLOSURE FINAL RULE Pamela L. Zimmerman, Assistant Vice President and Agency Manager

On November 20, 2013, the Consumer Financial Protection Bureau released the long-awaited Final Rule for Integrated Mortgage Disclosures . . . all 1888 pages of it!! In case you won’t have a chance to read it in its entirety by the implementation date of August 1, 2015 . . . or missed the live webinar presented by Anne Anastasi on December 10, 2013 . . . Old Republic Title is providing the opportunity to view the webinar, along with handouts and “FAQ’s”, via the CFPB Resources link on our StarsLink homepage (www.oldrepublictitle.com/orstarslink). The full Rule, summary of the Rule, new Loan Estimate Form and Closing Disclosure Form, as well as other information on this topic are also available on the site.

Anne’s one-hour presentation includes discussion on the following . . . plus much more!!!

• There is no mandate the lender prepare and deliver the new Closing Disclosure Form. Lenders are allowed to work with settlement agents on this process.

• “All in APR” did not survive. Title and settlement fees are excluded.• The events that would require a retrigger of a new 3 day time period have been curtailed. A 3 day retrigger would

only occur in the event of: significant changes to APR, changes in the loan product, or the addition of a prepayment penalty.

• Saturdays count as a business day only if the lender is open for business on Saturdays. • The CFPB says consumers can save money if they shop around for their own service providers for title and settlement

services. • The new Loan Estimate Form and Closing Disclosure Form will be available in English and Spanish versions.

Want to learn even more? Take a look at the following opportunities for additional information . . .

We’re happy to announce that Anne Anastasi will be a speaker at our Annual Agent Seminar on August 15, 2014 to share the most up-to-date information available!

An ALTA hosted webinar entitled “A New Era in Closings” can be accessed from the ALTA blog (blog.alta.org) by clicking on “Integrated Mortgage Disclosures” under “Categories.” The blog, which is free and open to the industry, also provides the opportunity to submit questions about the Rule which will be reviewed by compliance experts, with answers posted to the site as available. Questions can be submitted through the blog submission box, or by e-mailing: [email protected].

Mary Schuster, with op2 and Ramquest, whom many of you heard speak at our 2012 Agent Seminar, is also blogging about the new Rule. You can access her blog at RESPA-TILA-TALK.com . . . she even gives Pop Quizzes!

Closing software vendors are already hard at work on formulating updated versions of their closing programs and forms in order to assist their users in being compliant with the new Rule. If you’ve not already heard from your software vendor, you might reach out to them . . . and make sure you are current on your annual maintenance service fees in order to receive updated information and take advantage of vendor-provided training.

We’ll be sharing other opportunities for you to learn more about the new Rule and its impact on the title and closing industry in the coming months. Be sure to stay tuned!

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Now is a great time to get that Non-Remitted tab in ezJacket cleaned out if you haven’t already.A good method to get it and keep it cleaned is after remitting your stack of policies through

ezJacket, go back into the Non-Remitted tab and see what’s there. You may find voids that need to be remitted, policies you thought you e-remitted but didn’t, and all sorts of other goodies.This not only keeps your Non-Remitted tab clean, but it’s also a great way to find and rectify

any mistakes before they become too old. If you have any questions, please feel free tocontact Phillip Brizendine at [email protected]

Jill Trapp, Assistant Vice President and Agency Manager

Although the ALTA Best Practices are voluntary, many lenders are expected to require compliance from the agents and escrow service providers with whom they do business. We are already seeing this from lenders in Tennessee. In an effort to facilitate compliance with Best Practices Numbers 2 and 3, Old Republic Credit Services LLC has specifically designed a new product, “ORAgentGuard”, to make it easy for agents to comply with these Best Practices.

Best Practice #2: Requires background checks on all employees who have access to customer funds, such as escrow trust accounts.

Best Practice #3: Requires background checks on all employees who have access to “Non-public Personal Information” (NPI), which is information that identifies a person or transaction that is otherwise unavailable to the general public, such as a name plus an account number or Social Security number.

You may recall that Best Practices 2.0 eliminated the requirement for credit reports. However, Old Republic Title Insurance Group sees credit reports as a valuable risk management tool, and highly recommends that they be obtained on the same employees as background checks are required, where permitted and subject to all state and federal requirements. Obtaining credit reports, in addition to background checks, allows you to market to lenders that you exceed the Best Practices background check requirements.

These requirements bring up several questions that we will try to answer here.

In order to comply with Best Practices, when should you obtain background checks on employees who have access to customer funds or Non-public Personal Information?

1. As part of the hiring process for new employees; or

2. Upon implementation of the Best Practices for current employees; or

3. Upon transfer of a current employee from a position where a background check is not required to a new position where one is required; and

4. Every three years thereafter.

When is employment verification required?

1. At hiring; or2. The first time a background check is obtained on an employee, if employment was not verified at hiring, unless the

employee has been continuously employed for at least five years by the agent obtaining the background check.

What is included in OR AgentGuardSM?

Since employment verification is not always required, the base product includes searches of criminal and address records only. For the criminal search, Old Republic Title believes it is necessary to conduct searches of both federal and county records in order to have a high confidence level; both are included in OR AgentGuardSM. The federal search includes a criminal history from the 94 Federal District Courts nationwide, while the county search includes each county the employee has lived in the last five years.

If employment has not been previously verified, a Verification of Employment (VOE) can be added for each job the employee has held in the last five years. Old Republic Title highly recommends a credit report, which can easily be added to the OR AgentGuardSM.

What actions should an agent take based on the results of background checks and credit reports?

The ALTA Best Practices do not include requirements for how agents should handle the results of employee background checks and credit reports. Old Republic Title and Old Republic Credit Services strongly recommend that agents consult

Now Available

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with their legal counsel because some states have laws that govern the use of background checks and credit reports with regard to employment.

Why ORCS?

ORCS is a national provider of credit reporting services and is one of the top 10 out of more than 200 such firms. Offering a full range of credit reporting and verification services, ORCS’s Fair Credit Reporting Act (FCRA)-certified team is known for their consistently exceptional customer service and their flexibility in customizing services for their customers. OR AgentGuardSM reports are provided using ORCS’ secure Ciber-Safe platform.

How do I get started using OR AgentGuardSM?

Agents should contact ORCS directly at:

(888) [email protected]

https://www.CiberSafe.com/ORAgentGuard

Dan [email protected] – mobile

Disclaimer: Agents should consult ALTA documentation at www.alta.org for the official requirements of the Best Practices.

LENDER REQUESTS FOR BEST PRACTICES DOCUMENTATION Pamela L. Zimmerman, Assistant Vice President and Agency Manager

Over the last several months, Old Republic Title has been sharing information on ALTA’s Best Practices through bulletins, newsletter articles, and personal conversations. We’ve provided tools, resources, and templates to assist agents in creating their own Best Practices Manuals . . . and now we are receiving “Thank You’s” from agents who have been asked to provide documentation of compliance by lenders reacting to Bulletins from the Consumer Financial Protection Bureau, the Office of the Comptroller for the Currency, and the Federal Reserve re: due diligence to ensure that third party service providers are complying with applicable laws and regulations.

At least one mid-state bank has sent out letters requesting written confirmation from agents that they have adopted written policies and procedures on topics that mirror ALTA’s Best Practice “Seven Pillars” . . . although not making a direct reference to that document. In addition, the agent is requested to furnish a letter from their underwriter stating that the agency is in “good standing.”

Old Republic Title will furnish a “Good Standing Letter” for agents upon request . . . we hope that you’ll be able to confirm for lenders that you have adopted the written policies and procedures as requested.

Want or need to know more about Best Practices?

Check out information on the Best Practices tab on our StarsLink website: (www.oldrepublictitle.com/orstarslink).

Let us know how we can assist you as you prepare your Best Practices Manual and respond to lender requests for documentation!

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A background check is defined as the process of compiling and reviewing both confidential and public employment, address and criminal records of an individual or organization.

ALTA Best Practice Requirements:Background checks going back five years are obtained at the time of hire and every three years thereafter. Best Practice #2 – Background checks are required for all employees who have access to customer funds, such as escrow trust accounts.Best Practice #3 – Background checks are required for all employees who have access to “Non-public Personal Information”.

* Underwriters in the Old Republic Title Insurance Group, Inc. are: Old Republic National Title Insurance Company, American Guaranty Title Insurance Company and Mississippi Valley Title Insurance Company. ** where permitted and subject to all state and federal requirements. † Orders must be placed directly through ORCS due to laws and regulations surrounding background checks and credit reports. Old Republic Title and ORCS strongly recommend that agents consult with their legal counsel regarding the use of background checks and credit reports for employment purposes. ‡ OR AgentGuardSM reports are provided using ORCS’ secure Ciber-Safe platform. 12/13

OR AgentGuardSM is a product designed to help title and settlement agents comply with or even exceed the American Land Title Association’s (ALTA) Title Insurance and Settlement Company Best Practices for employee background checks.

OR AgentGuardSM is available in all states and includes:• Criminal and address records searches• Employment verification can be added, as required• Background checks going back at least five years

To provide even greater protection, Old Republic Title highly recommends that agents also obtain credit reports** in conjunction with employee background checks. A credit report can easily be added to any OR AgentGuardSM order.

OR AgentGuardSM is offered through ORCS, a top 10 national provider of credit reporting services.

For more information or to place an order, contact ORCS at:

(888) 895-5145,[email protected] †, or at the secure website:

www.cibersafe.com/ORAgentGuard ‡

Old Republic Title Insurance Group*, together with Old Republic Credit Services, LLC (ORCS), is pleased to announce the availability of

INSURING TAX SALES R. Kirkland Moser, Assistant Vice President and State Counsel

We seem to be having more requests to insure property purchased from tax sales and we are finding that many people are not aware that the tax sale process in Tennessee is seriously flawed. As a result, if there is a tax sale in the chain of title, the title is not easily insurable. A few years ago Devereaux Cannon wrote a short article which outlines the most common issues we have with insuring them which is as follows:

TAX SALES AND WHY WE DON’T INSURE THEM

Devereaux Cannon

We, and most underwriters, are very reluctant to insure property the title to which is acquired through a tax sale. Let us take a look at some of the reasons for this reluctance.

What is a Tax Sale? A tax sale is a court ordered auction of property due to the delinquency of county and/or municipal taxes. This is a court proceeding, and as a matter of constitutional law, certain minimum standards must be met in order for this governmental taking of real estate to be valid. This is known as “due process of law”.

The proper parties must be made defendants and given notice of the action. One of the requirements of “due process” is that all parties who have an interest in the land involved must be before the court, that is, they must be sued and given an opportunity to defend the action. In the typical Tennessee tax sale, the governmental authorities are very lax about meeting this requirement in several ways.

1. All parties in title under the deed may not he named in the suit.

A frequently seen example involves property owned by “John Doe and wife, Jane Doe”. Tax sale suits will usually be styled as “State of Tennessee vs. John Doe, et ux”, and will never specifically name “Jane Doe”. We do not believe that “ux” is an adequate identification of “Jane Doe”. “Ux” is an abbreviation of the Latin word, uxor, which means wife. The government’s lawyers might argue that naming “ux” is the same as naming “Jane Doe”, since Jane Doe is John Doe’s “ux”. Suppose, however, that John and Jane Doe have divorced, and John has remarried to Mary. Then, assuming the government lawyers’ argument to be acceptable, the government has sued John and Mary Doe, not John and Jane Doe. So Jane Doe is not a party to the action, and her interest in the land is not constitutionally affected by the sale. We have also seen instances where the person named in the suit had sold the property prior to the suit being filed. The government lawyers sued the person named on the tax rolls, not the actual current owner of the property. There are also many cases where the taxpayer listed on the tax rolls has died, and the government has made no attempt to discover the heirs or devisees who took title after the taxpayer’s death.

These are all examples of cases in which a tax sale could be set aside because the procedures involved did not meet constitutional “due process” requirements.

2. The title owners are not the only “interested parties” who must be parties to the suit.

Mortgagees under deeds of trust and other lien holders also have an interest in the land. Due process must also be satisfied as to those interests. Often no attempt is made by the government lawyers to determine whether there are any such interests, much less to make them parties to the action.

3. Even if the proper parties are named in the suit, there must be valid service of process on the parties.

Service of process means that a deputy sheriff must deliver a “summons”, with a copy of the Complaint attached, to the defendant. This lets the defendant know that he has been sued and what the suit is about. After the summons has been served on the defendant, a copy with a note from the deputy on its face showing the date he delivered the original to the defendant is filed with the court. If the deputy was unable to locate the defendant, he returns the summons with the notation “not to be found in my county”.

If the defendant cannot be located to have process served upon him it is permissible to notify him of the suit by publication in the newspaper, However this is only permissible if an actual attempt to find the defendant was made and failed. There is a great deal of

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skepticism about how diligently the deputy attempts to serve a summons in tax sale cases. In a recent case in Memphis, the tax sale was set aside by the court of appeals, in part on this very ground. The court noted that the defendant could have been 1ocated if someone had looked in the telephone book.

4. There is no notice to innocent third parties.

The way tax sales are conducted in Tennessee, there is a period of one year in which an innocent third party could buy the land and then completely lose his investment. No public notice in the form of a “lien lis pendens” is filed in the Register’s Office. Even if good process is served on all parties in interest at the time of the suit, a disinterested third party could not discover that a tax sale has taken place in the year after the sale. The tax sale deed is not delivered to the tax sale buyer for recording until after a year has passed. During that year the taxpayer or his creditors can redeem the property and have the tax sale set aside. But if the taxpayer sells or mortgages the land during that year, and does not tell his buyer or lender about the tax sale, the buyer or lender cannot discover the tax sale by doing a title search. There is no lien filed in the Register’s Office, no tax sale deed recorded and the taxes are shown as paid in full.

The Description of the Property

Another problem with tax sales is the adequacy of the legal description of the property. The typical tax sale in most counties of Tennessee only will list the Tax Map and Parcel number of the property. This is not a legally sufficient description. The legislature attempted to solve this problem by requiring tax sales also to list the book and page number of the title deed. This does not solve the problem, however, if that deed describes more land than just the land involved in the tax sale. This is a broad overview of the worst problems caused by tax sales. It is possible that tax sales are conducted correctly. Some do adequately describe the property, and some meet all the requirements of constitutional due process. Some counties are better and some are worse in meeting these requirements. As a whole, however, the tax sale process in Tennessee is seriously flawed, and we are not anxious to insure titles coming out of these sales.

CYBER CRIME…IT’S NOT JUST AT TARGET! Jill Trapp, Assistant Vice President and Agency Manager

According to a recent memo from Jeff Bluhm, Old Republic Title’s Senior Vice President, Manager, Agency Services and Administration, agents are inquiring like never before about cyber crime. His comments are shown below:

“Cyber crime is a very hot topic today. So hot it is receiving a very large amount of attention from the media, consumers, regulators, and lenders. By now I am sure you have heard Target Corporation, the 2nd largest retailer in the country, is the latest to be adversely affected by a cyber crime.

Various information security companies are predicting “man-in-the-browser” attacks will continue to grow and become bigger threats. We have seen these attacks in the title industry. These attacks are designed to intercept data as it passes over a secure communication between a user and an online application. A virus embeds in a user’s browser application and can be programmed to trigger when a user accesses specific online sites such as online banking or online escrow reconciliation services. Accessing such services is something our agents do every single day.

There is hope. Cyber crime or cyber security insurance coverage can protect against losses arising from unauthorized access, breach of privacy/confidentiality, cloud computing failure, and even failure of IT security. E&O insurance may not be enough coverage for today’s climate. Our expert sources tell us Cyber security insurance coverage can be added to an existing E&O policy, or obtained as a stand-alone policy. Annual premium for coverage of a small business may start around $1,000.

With the increased use of electronic transfer of funds, cloud computing, social media, and mobile devices, cyber crime will continue to proliferate. Cyber crime coverage can offer peace of mind against business crippling events. Cyber crime coverage can also help keep our agents in the game.”

Are you considering cyber crime coverage? We hope so. Waiting until you have been hacked is too late. Ask your E&O carrier if they offer cyber crime coverage.

You may also want to visit StarsLink under the “Best Practices” tab [choose “Professional Liability Insurance” and then the “Tools and Reference Materials” link], where you can find additional and useful information on ALTA’s Best Practices, cyber crime coverage and prevention.

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POWER OF ATTORNEY: A DANGEROUS INSTRUMENT Michael P. Davis, Assistant Vice President and Underwriter Counsel

It is almost an every day event that we are asked to review and approve a Power of Attorney for a pending transaction. In the review process we find many of the P.O.A’s not acceptable. The real danger is in those instruments that we have not reviewed that fail for various reasons that this article will discuss.

A Power of Attorney is a legal instrument that is used to authorize another to act on behalf of a principal. The Attorney in Fact that is appointed has a fiduciary duty to the principal to use the granted power only if it benefits the principal. To determine the conditions under which the Attorney in Fact may act, as well as the actions that can be taken by the Attorney in Fact, it is necessary to review the Power of Attorney very closely.

Let’s first look at the conditions upon which an Attorney in Fact may act:

1. When is a POA effective?

A Power of Attorney is not always immediately effective. In many cases a Power of Attorney is not effective until the occurrence of a certain event such as the disability of the principal and further may only be effective during the period of disability.

2. How long is a POA effective?

A Power of Attorney may contain s specific preset termination date or may contain a provision that the power will terminate upon the occurrence of a certain event, i.e. the sale of a particular property or the termination of a disability.

3. Is a POA effective in the event of Disability or Incapacitation of the Principal?

A Power of Attorney may not be effective if the principal is under a disability or is incapacitated. The Power of Attorney can remain effective, pursuant to the Uniform Durable Power of Attorney Act, T.C.A.§ 34-6-1-1 et seq., if it contains specific language showing the intent of the principal that the authority shall not lapse or expire in the event of the principal’s subsequent disability or incapacity.

Let’s now take a look at the actions that may be taken by the Attorney in Fact:

1. What if it says it is General Power of Attorney?

A General Power of Attorney typically confers unlimited power to the Attorney in Fact. The Power of Attorney may be either “durable” or “non-durable”. The fact that the Power of Attorney is General does not always mean that we can rely on it to conduct and insure a real property transaction. This is a situation where the document must be carefully analyzed to determine if there is sufficient language contained within the document that will allow the Attorney in Fact to convey and/or encumber real property owned by the principal. Some Powers of Attorney incorporate by reference Statutory provisions that set forth actions that the Attorney in Fact are authorized to carry out which may include the power to convey or encumber real property. There are however Powers of Attorney indentified as a General Power of Attorney that allow for the principal to select what powers are authorized by checking or not checking a box on the form. In many cases these form Powers of Attorney don’t contain sufficient powers for the Attorney in Fact to convey or encumber real property. If you take a close look at these forms a great number of them only provide that the Attorney in Fact has the power to act in Real Estate Transactions. The problem is that even if the box is checked authorizing the Attorney in Fact to act in Real Estate Transactions, we don’t have anything that defines what a Real Estate Transaction includes. To rely on a General Power of Attorney to close and insure a transaction there must be clear language that the Attorney in Fact has authority to convey and encumber real property.

2. What if it is a Specific or Limited Power of Attorney?

A Specific or Limited Power of Attorney would be the preferred instrument for a real property transaction. Like a General Power of Attorney, a Specific or Limited Power of Attorney may be “durable” or “non-durable”. The language of such a Power of Attorney would limit the scope and would clearly authorize the execution of documents with regard to a specified real property transaction as well as give clear authority to convey or encumber the real property.

Even though the conditions may make a Power of Attorney effective and the requisite power may be contained in the Power of Attorney, this does not mean that we can always insure a transaction for which the Power of Attorney is to be used. In many cases you may have a Power of Attorney that was executed years ago and, if that be the case, we may not be able to determine if that instrument has been revoked. In some cases it will be necessary to confirm with the principal, in writing, that a Power of Attorney is still effective. In some cases, particularly if the principal is active military, it will be necessary to confirm at the time or your transaction that the principal is alive and well.

This article is just a brief discussion of matters dealing with the use of a Power of Attorney. Relying on and using a Power of Attorney can be very dangerous and if you have any question about a particular Power of Attorney you should always contact Kirk or myself and let us review before you use.

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ALTA BUSINESS STRATEGIES CONFERENCE – NASHVILLE MARCH 12 – 14, 2014 at the OMNI NASHVILLE

Take advantage of a truly unique opportunity to attend the 2014 ALTA Business Strategies Conference right here in Nashville . . . plus experience all that the new Omni Hotel has to offer . . . and enjoy several “Music City” themed events and activities!!

Two General Sessions will feature discussion on the following topics:

• WhatDoestheCFPBMortgageDisclosureRuleMeantoYou?

• DefendYourBusinessAgainstIdentityFraud—RecognizeFakeIDs

• YouCanHandletheTruthAboutYourNPI

• TheAgeofWisdomandFoolishness:NavigatingConflictingITCurrents

Professional Development Sessions will address the following key issues in 16 separate breakouts:

• BestPractices

• Operations

• Sales&Marketing

• Legal&RegulatoryCompliance

Approval for Tennessee CE and CLE Credits for 10 of the sessions has been requested and is pending.

For more information and registration (Early Bird rates are available until February 18), visit http://www.alta.org/meetings/businessstrategies/index.cfm .

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Reminder: Blanket Closing Protection Letters/Insured ClosingLetters/Closing Service Letters can no longer be issued. If a lender

requests one, please e-mail the lender’s information to PhillipBrizendine ([email protected]) and he will be happy

to issue a Good Standing Letter instead.

SAVE THE DATES FOR 2014

EDUCATIONAL OPPORTUNITIES

CFPB INTEGRATED MORTGAGE DISCLOSURE FINAL RULE WEBINAR

Pick a date and time of your own choosing to watch a recording of the one hour webinar presented by Anne Anastasi on December 10, 2013, shortly after the Final Rule was released. Agents can access the webinar, along with copies of slides and a FAQ handout, via the link to Webinar

Slides in the CFPB section of our StarsLink website: http://www.oldrepublictitle.com/orstarslink/

_____________________________________________________________________________________

TENNESSEE LAND TITLE ASSOCIATION

Webinar: Putting Your Best Foot Forward with ALTA Best Practices (One Hour; CE/CLE Credit is not available if you attended the Tennessee Land Title School in October, 2013 which covered the same materials)

Part 3: February 18, 2014 at 2:00 p.m. CST

Title School: Common Underwriting Issues & How to Address Them (Half Day)

Wednesday, March 5, 2014 in Nashville

Thursday, March 6, 2014 in Knoxville

Friday, March 7, 2014 in Chattanooga

2014 TLTA Convention

April 10 and 11, 2014

DoubleTree Hotel - Downtown Nashville

Visit www.tnlta.org for details and registration for the above

_____________________________________________________________________________________

Additional information and registration materials for the following OLD REPUBLIC TITLE SEMINARS will be distributed closer to the time of the events, but make sure that you add the dates to your calendars now! Look forward to seeing you at one or more of these upcoming seminars!

Old Republic Title Staff Training

KNOXVILLE

Wednesday, May 7, 2014

The Offices at Water’s Edge

NASHVILLE

Wednesday, December 3, 2014

Nashville School of Law

“A Day in the Life of a Title Underwriter”

Join us to find out how seeking advice from Underwriting Counsel can help you address those pesky title issues!

A registration fee of $50 per person will be charged.

Approval for 3 hours CLE and CE Credits will be requested and is anticipated.

Old Republic Title Annual Seminar

NASHVILLE

Friday, August 15, 2014

DoubleTree Hotel - Downtown

Anne Anastasi will join us to share the latest info on the CFPB Integrated Mortgage Disclosure Final Rule.

Information on additional topics and presenters will be shared later this year.

A registration fee of $100 per person will be charged.

Approval for 6 hours CLE and CE Credits will be requested and is anticipated.

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