contribution strategy for this yearÕs state legislative and governor elections; the FinanceCommittee met to review the budget; theLegislative Committee has been reviewingnew bills that are being introduced in the State Legislative on a daily basis; and I mustmention ÒThe AdvocateÓ (or you will neverget to read this article), the editorial staff produced an August issue in addition to thisissue. Our Executive Director, EdwardEastman, Jr., has hosted and been activelyengaged in almost all of these meetings.

The New Jersey Land Title Institute operates independent of the Association, butthe members of the Board of Directors of theInstitute are all members of the New JerseyLand Title Association. Many Board ofGovernors Active Members, Agency Membersand Affiliate Members travel around the statein the evenings moderating, teaching andsponsoring continuing education seminars.The institute has also been busy this summerplanning future licensing courses and continu-ing education seminars.

An accurate crystal ball or a reliable soothsayer might enlighten us as to the futureof the title insurance industry, in which casewe could make our business plans accordinglyand get a good night sleep. Unfortunately, nosuch sources exist so we must be vigilant andgather as much information as we can so thatwe can shape our future rather than have itshaped by others. The Association has manydedicated members who have contributecountless hours on its behalf by followingindustry related issues and trends. Where pos-sible they have tried to shape the industry sothat all of us can better succeed in our businessand survive in the future marketplace. Whetheryou are a large title company or a small titleagent, this is how you benefit by having anAssociation. I am looking forward to workingwith these dedicated people and I invite allmembers to get involved. ■

Greetings from the new Association President

By:Dennis M. Gonski, Esq. By Lawrence J. Fineberg

TheThe

New Jersey Land Title Association

IN THIS ISSUE:

October 2001Volume XIII, Issue 3

Greetings from thenew AssociationPresident . . . . . . . . . .1

Uniform CommercialCode Article 9Revised . . . . . . . . . . . .3

2001 Convention Recap . . .4

Gramm-Leach-BlileyAct Privacy Obligationfor Title Insurers and Agents . . . . . . . . .6

A publication of the New Jersey Land Title Association, Monmouth Executive Center, 100 Willowbrook Road,Building 1, Freehold, New Jersey 07728

“The views and opinions expressed by the authors of the published articles are those of the authors or his/her employer. Consult your underwriter for specific guidelines.” Editor Kevin Cairns, Esq.

Greetings and Salutations from the NewJersey Land Title Association!I am Michael Grant, an agency member repre-senting Colonial Title and Abstract Service.Colonial is a title agency of modest size locat-ed in historic Morristown, New Jersey. I am honored to been elected president of theAssociation for this year. Also serving theAssociation is Gary M. Ham of Lawyers TitleInsurance Corporation, elected as First VicePresident; Beth Way of Fidelity Title AbstractCompany, Second Vice President; andMaureen Crowley-Unsinn of Fidelity NationalTitle Insurance Company of New York,Secretary-Treasurer.

In preparing myself for my first meeting aspresident, I reviewed the Constitution and By-Laws of the Association. The second article in it states the ÒObjects and PurposesÓ of the Association. The purposes are ÒÉtoadvance the common interest of all thoseengaged in the field of evidencing title to realproperty, conveyancing, and insuring interesttherein; to maintain and protect the public interest in the maintenance and integrity of therecording system; and to protect and enhancethe interests of its members and the generalpublic in our system governing the free ownership and alienation of real estateÓ.

This summer I had the opportunity to witness these words in action. While theAssociationÕs Board of Governors and theAgency Section do not hold meetings betweenJune and September, many of the membersremain very active working for the Associationduring the summer. The Title LiaisonCommittee traveled to Trenton to theDepartment of Banking and Insurance to discuss several industries concerns; theRecording Practices Committee met regularlyonce a month to discuss a multitude of issuesregarding the maintenance of the records; the NJ/TIPAC held meetings to reorganize, to discuss fund raising and to plan our campaign

PPaarr EExxcceelllleennccee::WWhheenn NNootthhiinngg BBuutttthhee BBeesstt WWiill ll DDoo

For more information contact Accu-Search Inc., Keyport, NJ., 07735, 1-800-597-ACCU

Quality is the name of the game - and wedon't play unless we can offer you servicesthat are up to par. Your cleints demand thebest from you and you should expect no lessfrom us.

At Accu-Search, we take customer serviceto a whole new level with friendly and experi-enced office staff available LIVE (never avoice-mail!) from 7:30 am- 9:00 pm. Internetsupport is available 24/7 so you will alwayshave access to all the information you need.

Our state-of-the-art services are the best inthe industry but we never forget that you arethe reason we're here.

According to our competitors’ ads, “95%of the industry have tried their services,” that’swhy we are especially greatful that half of theindustry has chosen us.

Please do us the honor of checking out ourservices for yourself. We would be proud toshow you the ways that Accu-Search canhelp make your life easier and help your owncustomer service to shine!

We care about your business and want tohelp you grow. You will always be able tocount on Accu-Search to bring you nothingbut the best!

21st Century Property Data

3

Overview. The Legislature has recently enacteda revised version of Article 9 of the UCC, which relatesto secured transactions. P.L. 2001, c. 117, effective July1, 2001. The new law will be codified as N.J.S.A. 12A:9-101 et seq. Although the proposed act makes significantchanges to Article 9, those portions which are of interestto title insurers are largely unaffected.

Under the former Article 9, a non-fixturefinancing statement was filed in the central office in thestate where the collateral was located. Under the revisedArticle 9, the location of the debtor (rather than the collateral) usually determines the place of non-fixturefilings. If the debt-or is a corporation or similar businessentity, its location will normally be its place of “registration” or formation. Thus, if a corporation isformed in Delaware, the correct place to file a non- fixture financing statement is probably in Delaware’s central filing office, even if the collateral is located inNew Jersey. N.J. S.A. 12A:9-301 and -307. However, asdiscussed below, fixture filings will continue to be madein the county where the fixture is located. In general,security interests continue to be perfected by the filingof financing statements. N.J.S.A. 12A:9-310. Rules of priority are set forth in N.J.S.A. 12A:9-317 et seq. The priority of security interests in fixtures is addressed inN.J.S.A. 12A:9-334, which sets forth the general rulethat “... a perfected security interest in fixtures is subordinate to the conflicting interest of an encum-brancer or owner of the related real property other thanthe debtor”. See Handbook of N.J. Title Practice,§11006 (2d Ed. 2000).

The signature of the debtor is no longerrequired for a financing statement to be effective.N.J.S.A. 12A:9-502. Uniform statutory forms of “financ-ing statement”, “financing statement addendum”,“financing statement amendment” and “financing statement amendment addendum” are found in N.J.S.A.12A:9-521. These are intended to replace the UCC-1 andUCC-3 forms used in the past. The fee for the filing ofeach document is $25.00. N.J.S.A. 12A:9-525. Therecording officer is required to accept for filing a document which meets the requirements of the statute.N.J.S.A. 12A:9-516. It is noteworthy that under N.J.S.A.12A:9- 517 an improperly-indexed financing statementmay still be effective.

The system of central and local filing is preserved by N.J. S.A. 12A:9-501 et seq. (re- placing12A:9-401 et seq.), so that financing statements affectingfixtures will continue to be filed in the county landrecords (rather than in Trenton). N.J. S.A. 12A:9-501.A mortgage may serve as a fixture filing. N.J.S.A. 12A:9-502. In general, financing statements will still be effective for a period of five (5) years from the date of

Uniform Commercial Code Article 9 Revised

By:Lawrence J. Fineberg Esq. for Chicago Title Insurance Company

filing, unless a continuation statement is filed within six(6) months of expiration. N.J.S.A. 12A:9-515.

Default and enforcement are discussed inN.J.S.A. 12A:9-601 et seq. Transitional rules are found in N.J.S.A. 12A:9-701 et seq. In general, financing statements filed under the [former] Article 9 continue to be valid until their expiration (but not later than June 30, 2006), so that the full impact of the revisedArticle 9 will not be felt immediately. N.J.S.A. 12A:9-703(a); -705(c). However, under some circumstances, it will be necessary to re-file certain statements by July1, 2002. N.J.S.A. 12A:703(b).

Underwriting Practices. As noted above, those portions of the proposed act which are of interestto title insurers remain largely unaffected. Accordingly,the suggested underwriting procedures set forth inHandbook of N.J. Title Practice, Chapter 110, remainlargely applicable. Most underwriters believe thatrequests for so-called Trenton UCC searches should bereported for information only, as fixture filings willcontinue to be made in the county land records. Thus,Trenton filings do not (at least in theory) affect title toreal estate. Because most existing financing statementswill continue to be effective until their expiration, butthe location for filing new [non-fixture] statements willnot necessarily be the same, it may be necessary – insome instances — to perform informational searchesboth in Trenton and in the debtor’s home state.

With regard to the new statutory forms, theDivision of Commercial Recording in Trenton has indicated that it will continue to accept both the old and new forms until August 1, 2001. After that date, itwill accept only new forms. An informal survey of county clerks’ and registers’ offices revealed that mostwill continue to accept both the old and the new forms(even after August 1), unless a contrary directive isreceived from Trenton. At least one county intends toreject new forms which do not contain the debtor’s signature, despite the wording of the statute.

In conclusion, the revised Article 9 should not have a significant impact on title insurers andagents. However, its numerous changes will make lifemore complicated for borrowers and lenders and theircounsel. ■

________________________________________________The author is Vice President and N.J. State Counsel for Chicago and Ticor TitleInsurance Companies in Iselin, New Jersey. This article is adapted from a similar onewhich originally appeared in Title Talk, and it is reprinted here with permission.________________________________________________In the future, another copy of this Memorandum, printed on colored paper and formatted for insertion in the Handbook of N.J. Title Practice at the end of Chapter110, will be distributed. You may discard the previously-distributed copy of thisMemorandum (dated June 22, 2001).

4

2001 Convention Recap

By: Gary M. Ham

The recently refurbished Hyatt Regency Hotel, on Goat Island, Newport, RI was the site of the 79th AnnualNJLTA Convention. The event kicked off Sunday, June 3with a tented traditional New England clam bake on thenorth lawn of Goat Island overlooking the majesticNarragansett Bay. One hundred and seventy title gurushunkered down for loads of steamed lobsters, clams,mussels and corn along with barbecued steaks, chicken,and sausage with all the fixins; washed it all down withtheir favorite beverage and headed back to the servingtables to pick up what they missed the first time.Needless to say, those title gurus can eat (and drink too).A gorgeous sunset provided the backdrop for a greatevening.

Monday’s Annual Meetings followed the first of threemouthwatering all you could eat special buffet break-fasts. Stanley Friedlander, ALTA’s Chairman of theAbstractor and Agent’s Section, treated us to a thoughtprovoking and entertaining presentation to end themorning.

Monday afternoon, with the sun shining, a bunch ofenergetic folks in tennis whites were whisked off bymotor coach to the International Tennis Hall of Fame forsome play on that facility’s fabulous grass courts. At thesame time, 50 “Tiger Woods Wannabes” were teeing offat Green Valley Country Club.

On Tuesday, the much anticipated 12-meter yacht sail-ing began promptly at 8:30 am under magnificent weath-er conditions. Three classic 12 meters, topped with

sponsor burgees flying, were crewed by our group whilea motorized spectator yacht ferried a bunch of NJ titleprofessionals out into the Narragansett Bay to watch theracing up close. Two separate races brought out thecompetitive spirit and I must say we have some prettytalented and experienced sailors in the Association.While the nautical set frolicked on the bay, the rest ofthe conventioneers ventured into Newport for a guidedtour of the city and its historical mansions.

After some freshening up and spa time, the groupheaded over to the Rosecliff Mansion for the President’sInstallation Banquet. The black tie affair was highlightedby the swearing in of new NJLTA President, MichaelGrant, and a special induction of Lorraine Newman-Davis as an Honorary Member of the Association.

Wednesday morning is the traditional sportsaward/sponsor recognition breakfast and that traditioncontinued with a steady stream of awards and accolades.The morning was capped off by a digital photo slideshow of the entire convention.

The convention was a huge success due, in large part,to the financial support of our sponsors and the under-writer companies, and the tireless and persistent workof the convention committee.

I want to take this opportunity to once again thank oursponsors, the member underwriters, the conventioncommittee, my Lawyers Title Insurance Corporationstaff, Isabel Llanio, and all attendees for making the 2001Newport Convention a truly memorable event. ■

5

ALTA News: U.S. Court of Appeals Concludes That, DespiteHUD Guidance, RESPA §8(b) Does Not Apply to Mark-Ups ofThird Party Charges Where Third Party Is Not Involved inthe Mark-Up

By: Sheldon Hochberg, ALTA Counsel (Reprinted with Permission of the American Land Title Association)

Everything You’ve Always Wanted to Know About MERS

By: Michael KehoeThe American Land Title Association (ALTA) will presenta two hour telephone seminar entitled "The Impact ofMERS on the Mortgage Finance and Title Industries" onTuesday, September 25, 2001 at 3:00 PM Eastern Time.

To register for this telephone seminar, contact KRM at800-775-7654. Refer to Telephone Seminar numberALT6382-0. The fee for the seminar is $150 for ALTAmembers or $200 for non-members. Any registrations

received after September 14 will be charged an addition-al $25. The registration fee includes: one telephoneconnection, one set of handout materials and unlimitedparticipant attendance at your site. You may also regis-ter for the seminar on-line at www.alta.org.

Questions regarding the seminar can be directed toMelissa Kleeman at 800-787-ALTA or by e-mailMelissa_kleeman@alta.org. ■

In Echevarria v. Chicago Title & Trust Co., U.S. App. LEXIS15050 (7th Cir. July 5, 2001), a federal appeals court recentlyconcluded that RESPA §8(b), which prohibits the payment orreceipt of a portion or split of a settlement service charge otherthan for services rendered, was not violated when a title insur-er charged a consumer $45 for recordation of a mortgage butthe fee actually paid by the insurer to the County Recorder wasonly $31.

In affirming the lower court’s dismissal of the class action com-plaint, the appellate court treated the extra $14 charged by theinsurer as an "overcharge" and an unearned fee. Nevertheless,the three-judge panel unanimously concluded that the mark-upwas not a violation of §8(b) because that section prohibits thepayment of an unearned fee by a recipient of a settlement ser-vice charge to a third party who renders no services for thepayment, whereas here the payment Chicago Title made to theRecorder was for services rendered by the Recorder. In thecourt’s view, the fact that Chicago Title may have retained aportion of the fee paid by the consumer without having ren-dered any services was not a violation of §8(b).

Two aspects of the decision are particularly noteworthy:

1. First, despite the fact that, on several occasions, HUD haspublished statements indicating that the payment or retentionof a portion of a fee other than for services rendered is a viola-tion of §8(b), the Court declined to give effect to those views.Language in HUD’s RESPA regulations that appeared to indicatethat §8(b) was violated by the retention of any portion of acharge made to the consumer that is not justified by servicesrendered was construed by the court as not overriding thestatutory language requiring that the recipient of the split, notthe party paying the split, has to be the one performing no ser-vices. The court also determined that it did not have to givedeference to a HUD statement in the Special Information

Booklet that "it is also illegal for anyone to accept a … part of afee for services if that person has not actually performed ser-vice for the fee."

2. Second, the court’s conclusion that §8(b) does not apply tomark-ups of third party charges appears limited to the circum-stance where the third party has "no involvement whatsoeverwith the unearned fees." In Echevarria, the County Recorderdid not participate in the title insurer’s mark-up of its recordingfees and, most likely, had no knowledge of the mark-up. Onthe other hand, if a title company (or lender or other entity)marks-up a third party’s charge with the participation or con-sent of the third party, the Seventh Circuit’s decision suggeststhat §8(b) might apply. As the court stated, "the CountyRecorder has not engaged in the third party involvement neces-sary to state a claim under RESPA §8(b)." Accordingly, if a set-tlement service provider (such as an appraiser, credit reportingcompany, title company, or other settlement service provider)participates in or facilitates the mark-up of its charges by athird party (such as lender or vendor management company),the Echevarria decision may provide little comfort.

Finally, despite the court’s conclusion that §8(b) does notapply in certain mark-up situations, HUD has made it clear thatit does not agree with this view (which has also beenexpressed by district courts in other circuits), and that itbelieves that §8(b) applies even where a single settlement ser-vice provider charges unearned or excessive fees that are notshared with any third party. It is possible that HUD mayrespond to this decision in some fashion that would get itsview adopted by the courts. Moreover, even apart fromRESPA, parties who mark up the charges of other serviceproviders must also consider the possible applicability of FHAor VA limitations and state unfair trade practice laws, some ofwhich provide for civil liability and treble damages. ■

6

The Gramm-Leach-Bliley Act (GLBA) imposes three basic requirements: (1) a privacy notice requirement;(2) a requirement that all consumers be provided theopportunity to opt-out of certain information disclo-sures; and (3) a requirement that measures be institutedto maintain the "security and integrity" of all nonpublicinformation.

Who Must Comply With The GLBA PrivacyRequirements?

All "financial institutions" must comply. This includes alltitle insurance companies and agents.

Who Do The Rules Protect?

The GLBA applies only to individuals who are purchasing insurance or other financial products for personal, family or household purposes. In the titleinsurance context, the rules apply only to residentialtitle insurance products; they do not apply to commer-cial title insurance activities.

The Privacy Notice Requirement

A privacy notice must be given to any individual whopurchases a residential title insurance product or serviceat the time the product or service is sold or delivered.The Federal Trade Commission rules also covers entitiesthat provide real estate settlement services (12 C.F.R.313). Other insurance companies and agents also mustprovide a privacy notice to their customers on an annualbasis. In response to the successful lobbying efforts ofALTA, the GLBA rules all exempt real estate settlementservice providers such as title insurance agents from thisannual notice requirement provided that they have nocustomer contact after all of the activities relating to thereal estate closing have been concluded.

Companies and their agents may provide notices inde-pendently; provide a single notice that covers the priva-cy practices of both the agent and the company; or pro-vide separate notices together. Model State GLBA regu-lations (issued by the National Association of InsuranceCommissioners (NAIC) and the National Conference ofState Legislators (NCOIL)) contain an exception to thenotice requirement for agents that do not disclose "non-public personal information" to any person other thanthe principal insurer or its affiliates. If an agent qualifiesfor this exception, the agent can rely on the principal’snotice and not provide a separate notice. Companies

and agents also may provide joint notices with otherfinancial institutions, such as a bank or securities affiliate.

What Must Be Included In The Notice?

Customers must be given notice of a company oragency’s information-handling practices. This disclo-sures include the categories of nonpublic informationcollected and what may be disclosed and to whom. TheALTA sample privacy form includes a full list of the req-uisite disclosures. The sample form does not envisionsharing of information outside the corporate title insur-ance underwriter and affiliate or agent structure. If youare considering sharing nonpublic customer informationand do not qualify for an exception within the FederalTrade Commission and/or state rules, please obtain legaladvice on what should be included in your form. A pri-vacy policy may be construed as imposing binding con-tractual obligations.

When Should The Notice Be Provided?

The notice should be provided, according to the FTC,when you and a consumer enter into a continuing rela-tionship. An example in the FTC regulations states thatthe relationship is established when the insurance ispurchased.

The Opt-Out Requirement

As a general matter, before nonpublic personal informa-tion about any individual may be disclosed to a nonaffili-ated third party, the individual must be informed of theintended disclosure and give at least 30 days to preventit (a so-called "opt-out" notice). The right extends topresent customers, former customers and anyone elseabout whom a company or agent maintains information.However, the right is subject to a long list of exceptions.No opt-out notice is required, for example, if the pur-pose of the disclosure is to complete the insurancetransactions for which the information was provided orto service the title insurance policy.

If an opt-out notice is required, it must either include acopy of the general privacy notice (discussed above) orcontain a statement that the person may obtain a copyof that notice and instructions on how to obtain it. Theopt-out notice must inform the individual of the intend-ed disclosure and provide an easy mechanism for theperson to opt-out of that disclosure. The mechanism

Gramm-Leach-Bliley Act Privacy Obligations for TitleInsurers and Agents

By: Ann Vom Eigen, Legislative and Regulatory Counsel, American Land Title AssociationScott Sinder, Esq., Collier & Shannon, Washington, D.C. (Reprinted with Permission of the American Land Title Association)

continued on page 8

7continued on page 8

At Current Status, Inc. we make it our business to provide youwith a valuable commodity –INFORMATION.

We have helped over 90% of the title industry maintain their competitive edge.

Our new interactive Web sitegives our clients the ability toorder our products as well asaccess the most current propertydata and tax maps available.

Log on today and see why for 15 years we have been the titleindustry’s #1 resource for property research in New Jerseyand now Pennsylvania.

Where information and technology come together.

141 Market St., Suite One, Kenilworth, NJ 07033

1-800-477-8288www.currentstatus.com

Who the industry

Gramm-Leach-Bliley Act Privacy Obligations for TitleInsurers and Agents ... (continued)

8

can require the individual to submit a form providedwith the notice or call a toll-free number; it cannotrequire the individual to write a letter.

Protecting The Security And Integrity Of NonpublicPersonal Information

The GLBA requires all insurance companies and agentsthat collect or maintain nonpublic personal informationto institute mechanisms for protecting the security andintegrity of that information. Security mechanisms aredesigned to protect the information from inadvertent dis-closures. Integrity mechanisms are intended to protectnonpublic personal information that is maintained in anelectronic medium from becoming corrupted. TheGLBA rules do not dictate that any specific mechanismsbe instituted.

Which Rules Will Apply To A Company or Agent’sActivities?

GLBA privacy rules are being implemented separately bythe federal banking agencies, the Securities andExchange Commission, the Federal Trade Commission

(FTC), and each of the States. The federal agencies havefinalized their regulations; the States are still in theprocess of doing so. States are empowered to gobeyond the stipulated statutory requirements.

The States are expected to base their GLBA rules on themodel acts adopted by NAIC and NCOIL. WashingtonState has adopted the NAIC model GLBA regulationsincluding the provision that eliminates the annual noticerequirement for real estate settlement service providers.The citation for that Act is Chapter 28-04 of theWashington Administrative Code. The NAIC and NCOILmodel rules would apply to all "licensees" in a State,meaning any person or entity licensed by the State’sInsurance Commissioner. A company or agent licensedto do business in multiple States must comply with theprivacy requirements imposed in each State. Title insur-ance agents in States in which attorneys are not requiredto be licensed by the Insurance Commissioner are notsubject to the state privacy requirements. This does notmean that other privacy requirements are inapplicable.■

Something most of us have experienced recently is theinability to attract good employees. Nearly all ownersare providing some form of benefits. Medical, dental,retirement plans and incentives seem to be the mostprominent. Yet it remains difficult to hire individuals atthe entry level who have good computer, phone andcustomer skills let alone know anything about title. Thisis an industry wide problem and it doesn’t only exist inours; nearly every industry is hurting for people whopossess basic skills for today’s business environment.The question is, are we going to do something about it?If so, what? Do we need to provide a larger educationalprogram to those that are entering our industry? Wehave reached the point where we must take someapproach to this situation. Sitting back and bemoaningthe fact gets us nowhere.

If you would like to address any of the above issues orraise new ones, please contact any of the board mem-bers or voice them at our meetings. You can contactme at 800-364-0668, or e-mail to mkehoe@khov.com. ■

Your Management Board has many items on its agenda,some of which are longstanding and others that are new.These are some of the issues that we are currently tryingto address:

• Revision of our constitution to eliminate contradictions with theBylaws and foster more participation by our members.

• Revamp the agency web site or merge it with the Board ofGovernors’ site.

• Determine the need and desire of our members for seminars/courses on better business practices, such as budget planning, timemanagement, hiring/firing methods, marketing, etc.

• Relate to our members the best ways to lobby for the improvementof our industry.

• To impress upon the Department of Banking & Insurance the needfor rate increases due to our need to implement new technologiesand cover the increase costs in performing settlements. Claims cannot be the only criteria.

• While the Association does employ the services of a public relationsfirm for monitoring legislation, our members need to be informedon the best methods to lobby for our industry.

• Increased membership is always a top priority. The Association isthe voice of the industry in New Jersey; all agents should wish tojoin to create a common front.

The Agency Section

By: Michael Kehoe

9

TEXT REFERENCES:

New Jersey Title Law & PracticeFineberg, Handbook of New Jersey Title Practice, 2d Ed.

See NJLTI, belowBanks, mortgagees - where are they now?Kay, Directory

(800) 345-0203

WEB SITES:

Industry Organizations:NJ Land Title Ass’nwww.njlta.orgAmerican Land Title Ass’nwww.alta.orgNJ Land Title Institutewww.njlti.org

Industry Vendors:State Capitol and Abstractwww.statecapital.netCharles Jones LLCwww.cji.comState of New Jersey - Corporation Informationhttps://accessnet.state.nj.us/HIndex.asp

People/Organization (generally), Locatewww.anywho.comwww.infospace.comwww.infousa.com/homesite/index.htmlwww.switchboard.comwww.whowhere.lycos.comwww.555-1212.com

Decedents (dead people)ssdi.genealogy.rootsweb.com/cgi-bin/ssdi.cgi/ www.state.nj.us./health/vital/vital.htm

Lenders, Locate or Trade OrganizationsMortgage Bankers Ass’nwww.mbaa.org

Public Officials, all states, re recording officials, tax assessors, etc.www.netronline.com.

Legal Research:www.njlawnet.comwww.law.cornell.eduFDIC site, to get histories of fed bankswww.ffiec.gov/nicHill Burton siteshttp://www.hrsa.gov/osp/dfcr/obtain/HBSTATES.HTMNJ attorneys with disciplinary proceedingshttp://www.cjnj.org/html/the_nj_bartender.html U.S.Codehttp://uscode.house.gov/usc.htmState of NJ court systemhttp://www.judiciary.state.nj.usCongress on the Internethttp://thomas.loc.gov Dept of State page for getting docs abroadhttp://www.state.gov/www/authenticate/index.html Uniform Laws and Model Actshttp://www.lawsource.com/also/usa.cgi?usmBankruptcy Court in New Jerseyhttp://www.njb.uscourts.govhttp://findlaw.comHUDhttp://www.hudclips.org/cgi/index.cgi

Directory of State licenseeshttp://www.state.nj.us/lps/ca/director.htm http://pacer.psc.uscourts.gov/pacerdesc.html

Fed’l Reserve Bank Informationhttp://www.ffiec.gov/nic/default.htm

NJ Dep’t Banking & Insurancehttp://www.naic.org/nj/

NJ Legislature (recent & pending bills)http://www.njleg.state.nj.us/

NJ Courtshttp://www.judiciary.state.nj.us/

US Codehttp://www4.law.cornell.edu/uscode/

Disciplinary cases re NJ Att’yshttp://www.cjnj.org/html/the_nj_bartender.html

Nat’l Conference Commis. Uniform Lawshttp://www.nccusl.org/

US Gov’t Printing Office (fed’l laws & bills)http://www.nccusl.org/

New Jersey League of Community and Savings Bankers (tracing former lending institutions)http://www.njleague.com/BankMerge.htm

Limited Liability Co & Ptnrship lawshttp://c2.com/w2/bridges/LnetStatePages

NJ Judiciary informationhttp://www.judiciary.state.nj.us/resource.htm

Law resourceshttp://www.burlco.lib.nj.us/law/

HUDhttp://www.hudclips.org/cgi/index.cgi

Legal Research & Misc. useful infohttp://findlaw.com/http://lawguru.com/http://www.lawresearch.com/http://www.access.gpo.gov/su_docs/aces/aaces002.html

Lending Industry Sites:Mortgage Bankerswww.mbaa.orgNJ Savings Institutions, merger info forwww.njleague.com/BankMerge.htm www.payoffassist.comNehemiah Programwww.getdownpayment.comBank mergers ,NJwww.naic.org/nj/mergers.htmMERSwww.mersinc.org/index1.htm

Deep Search Siteshttp://www.invisibleweb.com/http://gwis2.circ.gwu.edu/%7egprice/direct.htmhttp://www.completeplanet.com/http://www.webdata.com/webdata.htmhttp://beta.profusion.com/http://dir.lycos.com/reference/searchable_databaseshttp://infomine.ucr.edu/search.phtml

RESOURCES FOR REAL PROPERTY PRACTITIONERS

Ask The Expert

By: Cindy CarlamereMaureen Crowley Unsinn, CTP

10

This is a new column to try to resolve industry relatedquestions any member (or employee of a member) mayhave. We invite your submitting any (non-personal) indus-try related (underwriting, technology, etc) question to theeditor, Kevin Cairns, Esq. (kcairns@fnf.com) who willattempt to find an appropriate answer from a panel ofknowledgeable persons.

Q: I have heard that federal law requires me to give a"privacy act" notification to the seller and/or buyer on atransaction which I have been asked to insure. How can Ido this when my customer (applicant) is the buyer’s attor-ney (real estate broker) and I don’t have any addresses foreither or both of the parties to the transaction?

A: The law you presumably refer to is the Gramm-Leach-Bliley Act ("GLB"). GLB provides, among many other

Service

At Stewart we have made a tradition of responsiveness. With more than 5,400 offices

throughout the world, and the special underwriting and closing expertise you desire, we are

at your fingertips.

That’s service.

Strength

A”, A+ A2, A+. At Stewart, we’ve always been smart, but more than that, we’ve had strong

ratings. Demotech, Fitch, Moody’s and LACE Financial consistently praise our first-rate

capitalization with excellent grades.

International

At Stewart, we believe clear, transferable title to homes and businesses means stability and

prosperity. That’s why we’re leaders in Mexico and Latin America, pioneers in Israel and

innovators in Central and Eastern Europe. In fact, we’ve touched fifteen countries and we’re

still expanding our reach.

Trust, strength and technology have built our reputation. Convenience, security and service

are building our future.

Come see what’s possible with Stewart.

Stewart is ...

Stewart Title Guaranty Company1055 Parsippany Blvd., Suite 503Parsippany, NJ 070541-800-858-68421-888-STEWARTwww.stewart.comNYSE: STC

solutions¨

a

things, most of which apply to banking institutions, thatinsurance companies (that includes us) send out noticesto their customers about their privacy policies. This actbecame effective on July 1, 2001. Obviously you should,by now, have adopted a privacy policy.

Normally privacy notices are mailed directly to the partyentitled to receive it. Since you normally don’t have theseller’s or buyer’s address, it is believed that the appropri-ate notice can be given to their attorney (or broker) asbeing the most reasonable way of effectuating the deliveryof the notice. A transmittal letter should ask the recipientto forward the enclosed notice to the seller / buyer. Formaximum efficiency, it is suggested that the transmittalletter and notice be included with the Commitment toInsure.■

TheThe

New Jersey Land Title Association

Monmouth Executive Center100 Willowbrook Road, Building 1Freehold, New Jersey 07728

Convention Notice:The New Jersey Land Title AssociationConvention date has been changed from

June 2-5, 2002 to May 19-22, 2002

New Jersey Title InstituteSee www.NJLTI.org for Future classes

Nation Business Institute(800) 930-6182

CONTINUING EDUCATION COURSES

NJLTANext meeting

November 14, 2001January 16, 2002

Agency Section MeetingOctober 18, 2001January 17, 2002

Title Abstractor’s Association of NJMay 14, 2002 Fairfield - 7:00 PM

www.TAANJ.org

MEETINGS