November 2008 | Volume 1 · Number 6

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3-12-2020 EDITOR'S NOTE: Some links have been removed because the content is either no longer applicable or available.

Update from ATG Administration

The New RESPA Rule - A Victory for Lawyers and Consumers

Henry L. Shulruff photoAfter 16 years of ill-conceived attempts to revise the Real Estate Settlement Procedures Act (RESPA), on November 12, 2008, the Department of Housing and Urban Development (HUD) finally issued the RESPA reform rule. It is with great satisfaction and relief that we can report it is rule that we can all live with.

The RESPA reform rule contained significant modifications from the proposed rule HUD released earlier this year. Gone are the two provisions that would have done great harm to the real estate bar, the clients they serve, and small settlement service providers. What remains is a rule that provides improved disclosure in the form of a new Good Faith Estimate and a revised HUD-1 Settlement Statement. The new forms will be required for all transactions conducted on or after January 1, 2010... read more

Henry L. Shulruff
Senior Vice President - Business Development
Attorneys' Title Guaranty Fund, Inc.

ATTORNEYS | Practice Notes

REAL ESTATE AND TITLE INSURANCE NEWS

Judicial Sale: Vacating before the Confirmation— In Household Bank, FSB v Lewis, the Illinois Supreme Court was confronted with a clear question: does the Illinois Mortgage Foreclosure Law allow a mortgagee to vacate a judicial sale just prior to the confirmation?... read more

CASENOTES

Illinois
Assignees
Bayview Loan Servicing v Nelson | Because plaintiff was not the assignee of a mortgage, it was a stranger to the mortgage and not the proper party to bring a foreclosure action... read more

Indiana
Contracts
Hoose v Doody | Language in warranty deed that conveyed one lot of land was not used to convey disputed area... read more

Wisconsin
Home Improvement Practices Act
Stuart v Weisflog's Showroom Gallery | Home Improvement Practices Act and negligence claims were not barred by a statute of limitations because they are governed by the discovery rule... read more

ATG MEMBERS | Underwriters' Bulletin

This section provides updated procedural and underwriting information. If you keep hard copies of our Member Handbooks in your office, print this information for insertion.

CLAIMS CORNER

E-mail your questions to Christine Sparks.

Preventing Tax Claims | ATG receives several different types of tax claims with relative frequency. And most of them are preventable.... read more

WHAT'S NEW | CLE, Trust Services

ATG Legal Education logo12/3: 1099 Compliance: Reporting Sales Proceeds to Sellers and the IRS
12/10: Commercial Endorsements
12/17: 2008 Illinois Legislative and Case Law Update

NOTE: All ATG Trust seminars are FREE for ATG Trust members... read more

CLE in Your Office — Earn CLE any time with ATG Legal Ed OnDemand, recorded programs available 24-7. See our Quick List of programs and easy registration... Learn more


ATG Trust Company logoIRA Investment Options Real estate is a tangible asset that usually appreciates in value and can provide a reliable income stream. We can show you how to use a self-directed IRA to invest in real estate for tax-deferred or tax-free growth... read more


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Attorneys' Title Guaranty Fund, Inc. (ATG) and subsidiaries provide services for member attorneys and their real estate clients. ATG also works with lenders, Realtors, and other parties to ensure that each real estate transaction is completed in a professional and hassle-free manner. Contact us today! 800.252.0402.