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Wells Fargo v. Commonwealth: the death knell for equitable subrogation? – Lexology

Lenders, title insurance companies and their agents should be aware that on April 21, 2011, the Supreme Court of Kentucky issued a decision that could have a significant effect on Kentucky courts’ application of the doctrine of equitable subrogation in Kentucky.  Wells Fargo Bank, Minnesota, N.A. v. Commonwealth, — S.W.3d —, 2011 WL 1620578 (Ky. Apr. 21, 2011).  While not often litigated at the appellate level (in part because of its widely accepted application), the doctrine of equitable subrogation has long been a reliable tool used by lenders and their title insurance companies to ensure that mortgage loans intended to have first priority actually receive that first priority position.  But the Wells Fargo decision limits the doctrine’s application to such an extent that it could threaten the viability of equitable subrogation in Kentucky on a going-forward basis.     

Where is your state on Equitable Subrogation?

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Continuing Ed for Title Agents

New course approved

The number of reported mortgage fraud transactions has risen steeply in recent years. Lenders have lost an average of approximately 40% on fraudulent mortgages. This course discusses that problem, guidelines for identifying possible fraud, and goes over legislation that deals with mortgage fraud.

If you are a Stewart agent and you don’t already have a discount code, email Linda Smith for a discount code before you enroll.

To enroll in the course and earn 3 hours of continuing education credits, click here

Posted via email from Title Insurance
Continuing Ed for Title Agents

WILL NASTY “WALL STREET HOME RESALE FEE” MAKE ITS WAY TO Your State?

The headline describes a couple words consumers usually tend to disfavor – Wall Street and Fees. So these items combined likely would scare the pants off a homeowner, right? Well that’s what I think will happen if the so-called Wall Street Resale Fees make their way to Wisconsin. Here’s the deal, a resale fee (also called a private transfer fee covenant) works like this:

Substitue your state for Wisconsin in this article.

Posted via email from Title Insurance
Continuing Ed for Title Agents

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