w president’s message in this issue nancy landmark ......titlegram spring 2017 • 2 after...

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Dear Members of MLTA, I’ve been saying it ever since the kids were little, but boy this year is speeding by. Here it is already June and for MLTA it has been an eventful year. Be sure you read the whole letter, though, there is a special invitation for convention attendees! Last month, a group from MLTA travelled to Washington, D.C. for ALTA’s Advocacy Summit. While there, we were faced with a series of articles in the local newspaper that were less than complimentary to our industry. Opinions on how to respond varied from “ignore it, it will pass” to “get out there and fight.” Fortunately, we had the resources of ALTA to lean on, as the board worked through the best way to respond. Ultimately, we sent a letter to the editor which was published on Sunday, May 7. The letter is reprinted on page 3. In addition to that bit of excitement, we had the opportunity to meet with our representatives in Congress, or their staff members. During those meetings, one of the issues that we highlighted was the need for the CFPB to step up in the area of consumer education around the issue of wire fraud. While our industry has made great progress in this area, there are many other weak links in the communication chain. In the case reported by KARE 11 in early May, the weak link was the consumer, who lost their life savings. We asked the members of congress to reach out to the CFPB to get them engaged in a public education campaign, just as members of ALTA had asked the CFPB earlier in the week. Sometimes we see immediate results from these visits. A copy of Senator Franken’s letter to both the CFPB and the FTC about this issue is included as an addendum to this issue of TitleGram for your reference. Closer to home, as you may be aware, our Legislature and Governor found it challenging to reach agreement around the issues of budget and bonding bills. This led to a relatively brief Special Session during which a budget was passed and presented to the Governor. Other matters which may directly affect your business include Chapter 16, which was the Bar Association’s real estate bill. This one is worth reviewing as it addresses changes when the CRV is required when recording a deed to satisfy a contract for deed, as well as expanding the availability of Examiner’s Directives. Changes to MCIOA in Chapter 87 with respect to Construction Defect Claims may lead to growing interest in new developments under the statute. w Spring 2017 President’s Message Nancy Landmark, Commercial Partners Title In This Issue MLTA ......................................................................... 1 - President's Message - MLTA Member Spotlights on Facebook - Letter to the Editor - New Members - Advertisers - 2017 Convention - MLTA in Pictures Industry Events...................................................... 7 ALTA.......................................................................... 8 - Best Practices FAQ Portal - Updates to Supplemental Best Practices Materials - 2017 ALTA ONE - Innovation Boot Camps - ALTA to Launch ‘Whatever You Call Home’ Campaign - The New 2016 ALTA Commitment: Expressing Limitations on Liability News ........................................................................ 12 - NAIC Increases Spotlight on Innovation and Emerging Technologies - NAIC Creates Pre-Dispute Mandatory Arbitration Clauses Working Group - CFPB Fails to Properly Secure Confidential Enforcement Information - MACO Awards - OCC Issues FAQs on Bank Risk Management for Third-party Providers - PRIA Papers: White Paper on TIFF-PDF/A Documents, First eRecording Document Volume Survey, eNotary FAQs - Fannie, Freddie Accept E-recorded Mortgage Copies Rather than Wet-signed Docs Resources ............................................................... 14 - PRIA Webinar: Notary Options: In-person and Remote - What Are the Differences? - Freddie Mac Fraud Risk Webpage - FTC Website to Help Small Businesses Avoid Scams and Cyber Attacks - Insurance Institute for Business and Home Safety Business Continuity Toolkit - Loan Modification Scam Alert Campaign - Tips for Businesses Impersonated as Part of Email Phishing Scams World Elder Abuse Day June 15 ...................... 17 - Freddie Mac: 4 Smart Ways to Help Combat Mortgage Fraud Scams Targeting Seniors - Money Smart for Older Adults by the CFPB and FDIC MLTA Leadership .................................................. 19 Addendum: Sen. Al Franken letter to the CFPB and FTC regarding wires transfer scams

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Page 1: w President’s Message In This Issue Nancy Landmark ......TitleGram Spring 2017 • 2 After returning from Washington, we travelled to the Iowa convention, where we learned that they

Dear Members of MLTA,

I’ve been saying it ever since the kids were little, but boy this year is speeding by. Here it is already June and for MLTA it has been an eventful year. Be sure you read the whole letter, though, there is a special invitation for convention attendees!

Last month, a group from MLTA travelled to Washington, D.C. for ALTA’s Advocacy Summit. While there, we were faced with a series of articles in the local newspaper that were less than complimentary to our industry. Opinions on how to respond varied from “ignore it, it will pass” to “get out there and fight.” Fortunately, we had the resources of ALTA to lean on, as the board worked through the best way to respond. Ultimately, we sent a letter to the editor which was published on Sunday, May 7. The letter is reprinted on page 3.

In addition to that bit of excitement, we had the opportunity to meet with our representatives in Congress, or their staff members. During those meetings, one of the issues that we highlighted was the need for the CFPB to step up in the area of consumer education around the issue of wire fraud. While our industry has made great progress in this area, there are many other weak links in the communication chain. In the case reported by KARE 11 in early May, the weak link was the consumer, who lost their life savings. We asked the members of congress to reach out to the CFPB to get them engaged in a public education campaign, just as members of ALTA had asked the CFPB earlier in the week. Sometimes we see immediate results from these visits. A copy of Senator Franken’s letter to both the CFPB and the FTC about this issue is included as an addendum to this issue of TitleGram for your reference.

Closer to home, as you may be aware, our Legislature and Governor found it challenging to reach agreement around the issues of budget and bonding bills. This led to a relatively brief Special Session during which a budget was passed and presented to the Governor. Other matters which may directly affect your business include Chapter 16, which was the Bar Association’s real estate bill. This one is worth reviewing as it addresses changes when the CRV is required when recording a deed to satisfy a contract for deed, as well as expanding the availability of Examiner’s Directives. Changes to MCIOA in Chapter 87 with respect to Construction Defect Claims may lead to growing interest in new developments under the statute.

wSpring 2017

President’s MessageNancy Landmark, Commercial Partners Title

In This IssueMLTA ......................................................................... 1 - President's Message - MLTA Member Spotlights on Facebook - Letter to the Editor - New Members - Advertisers - 2017 Convention - MLTA in Pictures

Industry Events ......................................................7

ALTA ..........................................................................8 - Best Practices FAQ Portal - Updates to Supplemental Best Practices

Materials - 2017 ALTA ONE - Innovation Boot Camps - ALTA to Launch ‘Whatever You Call Home’

Campaign - The New 2016 ALTA Commitment:

Expressing Limitations on Liability

News ........................................................................ 12 - NAIC Increases Spotlight on Innovation and

Emerging Technologies - NAIC Creates Pre-Dispute Mandatory

Arbitration Clauses Working Group - CFPB Fails to Properly Secure Confidential

Enforcement Information - MACO Awards - OCC Issues FAQs on Bank Risk

Management for Third-party Providers - PRIA Papers: White Paper on TIFF-PDF/A

Documents, First eRecording Document Volume Survey, eNotary FAQs

- Fannie, Freddie Accept E-recorded Mortgage Copies Rather than Wet-signed Docs

Resources ............................................................... 14 - PRIA Webinar: Notary Options: In-person

and Remote - What Are the Differences? - Freddie Mac Fraud Risk Webpage - FTC Website to Help Small Businesses

Avoid Scams and Cyber Attacks - Insurance Institute for Business and Home

Safety Business Continuity Toolkit - Loan Modification Scam Alert Campaign - Tips for Businesses Impersonated as Part of

Email Phishing Scams

World Elder Abuse Day June 15 ...................... 17 - Freddie Mac: 4 Smart Ways to Help Combat

Mortgage Fraud Scams Targeting Seniors - Money Smart for Older Adults by the CFPB

and FDIC

MLTA Leadership .................................................. 19

Addendum: Sen. Al Franken letter to the CFPB and FTC regarding wires transfer scams

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TitleGram Spring 2017 • 2

After returning from Washington, we travelled to the Iowa convention, where we learned that they were able to engage with their Secretary of State to arrange for LLC’s for Safe at Home participants, keeping the real estate records publicly available. We’ll bring this to the attention of the Bar Association, Secretary of State's Office and Recorders’ Association and see if we can and should revisit this issue.

I’m so excited to invite everyone to join us in Duluth for the 2017 MLTA Convention on August 3-4. It’s going to be a great time. If you haven’t registered yet, do so now. Make your hotel room reservations by June 30 and register by Monday, July 3 for early bird savings.

I’m a bit of a history buff and I admit that I truly love attending live theater events. With that in mind, we’ve been able to arrange for a special opportunity for 15 of us that share either or both of these interests. You may have read over the past year that the NorShor Theater in Duluth is undergoing a massive restoration project. We have a special preview tour arranged on Thursday afternoon at 1:30 so that you can see the progress being made and have a chance to envision the experience this will be when it is finished. When complete, the Duluth Playhouse will once again use

the facility for live performances! There is no cost for this event. The first 14 people, assuming you have already registered, to e-mail me at [email protected] will get to join me on this tour. We’ll be done and back around 4:00 ( just in case anyone wants a little time for shopping, too!). As a reminder, this

is an active construction site. Appropriate attire requires close-toe shoes and long pants are recommended!

If this kind of tour is not your cup of tea, you might prefer the Glensheen Mansion guided tour, or Golf at the Enger Golf Course. In any event, Duluth has something for everyone!

We will be making a little history of our own this year. The Board is proposing some updates to the Association's Bylaws this year. A full copy of the proposed changes will be circulated prior to the convention, and copies will be available at the convention. Changes will be reviewed and voted on at the convention. Remember - decisions are made by those who show up!

I hope to see you in Duluth for a terrific annual event!

Nancy LandmarkMLTA President

MLTA Member Spotlights on FacebookVisit the video section of MLTA's Facebook page to view our latest member spotlights

https://www.facebook.com/MinnesotaLandTitleAssociation/

Melissa Gregoire of Trademark Title Bill Svoboda of Close Simple

NorShor Theater in Duluth

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TitleGram Spring 2017 • 3

Commercial Partners Exchange Company, LLCMinneapolis, MN

cpec1031.com

CU Commercial Title ServicesNew Brighton, MNcucompanies.com

Knight Barry Title GroupLa Crosse, WI

knightbarry.com

Metro Title Services, Inc.Oakdale, MN

ti tlesolutionsinc.com

Town n' Country Title, LLCHolmen, WI

townncountrytitle.com

Welcome New Members! Thank You Advertisers!

Letter to the EditorThe April 30 article “Party is over for state title industry” unfairly portrayed the title insurance industry and failed to share the many benefits it provides to homeowners.A home is probably the largest investment a person will make in their life. You insure everything else that’s valuable to you — your life, car, health, pets, etc., so why not your largest investment? For a onetime fee, title insurance protects a homeowner’s property rights for as long as they own their home.The article suggests that the sole factor a consumer should consider in evaluating a company is price. There are many factors to consider, such as local expertise, service standards, market conduct and commitment to the community. Consumers should ask questions to make sure they select a company they are comfortable with. An informed consumer is best equipped to make good decisions.The Minnesota Land Title Association has worked with the Department of Commerce to develop materials — which can be found in the Consumer Section of MLTA’s website at www.mlta.org — to inform consumers about their rights to choose a title and settlement services company.Not only do title professionals protect property rights, this industry works to guard against criminals looking to steal consumer funds for real estate closings. Criminals frequently target homebuyers prior to a title company getting involved in the transaction.We welcome the opportunity to share additional information and answer questions about our industry, which is the bedrock of our country’s economy.Nancy Landmark, MinneapolisThe writer is president of the Minnesota Land Title Association.

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TitleGram Spring 2017 • 4

Thursday, August 38:00 a.m. MLTA Board of Directors Meeting Registration Desk Open9:00 a.m. Continental Breakfast Exhibitor Area Open for MLTA Attendees and Guests9:30 a.m. Welcome and Business Meeting Call to Order President’s Report Secretary/Treasurer Report TIPAC Committee Reports Vote on Changes to Bylaws Visiting State Remarks Exhibitor IntroductionsNoon Lunch12:30 p.m. Optional Event: Golf Outing at Enger Golf Course 12:30 p.m. shotgun start; boxed lunches will be served1:30 p.m. Optional Event: Glensheen Mansion Guided Tour Buses will depart from the hotel at 1:30 p.m. and return by 4:00 p.m.1:30 p.m. Optional Event: NorShor Theater Tour6:00 p.m. Tour of Lake Superior Aboard the Vista Star Includes a light dinner and music by Hanson & Hoyt The boat departs at 6:30 p.m. and returns at 8:30 p.m.8:45 p.m. Ice Breaker After Party Includes light appetizers and music by Hanson & Hoyt

Friday, August 48:00 a.m. Registration Desk Open Continental Breakfast Exhibitor Area Open for MLTA Attendees and Guests9:00 a.m. Opening Remarks9:15 a.m. Cindy McGovern, Ph.D., 1st Lady of Sales10:30 a.m. Break – Visit Exhibitors10:45 a.m. Daniel Mennenoh, ITP, NTP, ALTA President and President of H. B. Wilkinson Title Co.Noon Lunch POPS Lunch1:00 p.m. Election of Officers1:15 p.m. Ken Barnhart, President and Principal Consultant, Higher Ground Security2:30 p.m. Break4:00 p.m. Program concludes5:45 p.m. Cocktail Party6:30 p.m. Banquet and Installation of Officers Followed by evening entertainment9:00 p.m. Underwriter Hosted Hospitality Bar

Holiday Inn & Suites - Duluth Downtown200 West First StreetDuluth, MN 55802(218) 722-1202 | www.hiduluth.com

Room rates $179 Wednesday, August 2 and Thursday, August 3

$219 Friday, August 4 and Saturday, August 5

Reservations• Call (218) 722-1202 and ask for the

Minnesota Land Title Association (MLTA) Group Rate

• or reserve online at www.hiduluth.com - enter the group code MNL

• or reserve online at www.ihg.com - enter the group code of MNL

Make your reservation by June 30 to ensure availability.

MLTA’s annual convention attracts top industry professionals looking for the latest in technology, training and tools to help build their businesses. As an event exhibitor and sponsor, this is your opportunity to build brand awareness and display your latest products and services to a motivated and qualified audience.

Learn more

MLTA 2017 ConventionThursday and Friday, August 3-4, 2017Holiday Inn & Suites Duluth Downtown

EXHIBITS AND SPONSORSHIPS

2017 CONVENTION HOST

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Cindy McGovern, Ph.D. holds a masters in marketing and a doctorate degree in Organizational Community (Emphasis in Leadership and Ethics). With extensive experience helping both executives and sales people alike, Cindy will share strategies for enhancing existing sales programs by affecting behavioral change.

Daniel Mennenoh, INT, NTP is the current president of ALTA. He will provide an overview of issues affecting the title insurance industry at the national level including the current political climate, the future of the CFPB; cybersecurity, and technological advancements.

Ken Barnhart is President and Principal Consultant of Higher Ground Security. He is a local cybersecurity expert who will share insights into how cyber sabotage makes its way into businesses and strategies for combating it.

FRIDAY, AUGUST 4

A full-day of programming has been developed for Friday. Sessions address key issues business leaders need to be aware of in our rapidly changing profession. Presentations include:

Program HighlightsTHURSDAY, AUGUST 3

The success of our industry is built largely on the relationships we form with industry peers. MLTA's convention provides the opportunity for business owners, managers, and executives to connect with title insurance and settlement professionals from around the state. This year is particularly special because it's been 17 years since we've held our convention in Duluth! We have provided several ways attendees can connect with one another while enjoying the beauty of this special city.

On Thursday afternoon, guests can choose to golf at Duluth's Enger Golf Course which features spectacular views of Lake Superior or tour the Glensheen Mansion, the famed home built by mining magnates Chester and Clara Congdon in the early 1900's.

On Thursday evening, we will hold an ice breaker aboard the harbor cruise ship Vista Star which provides the best sightseeing opportunity on Lake Superior and the Duluth Superior Harbor. Entertainment will be provided by Hanson & Hoyt, and an after-party will take place at the hotel!

Tour of Lake Superior Aboard the Vista Star. Includes a light dinner and music by Hanson & Hoyt

Golf Outing at Enger Golf CourseThursday, August 3, 12:30 p.m. shotgun start; boxed lunches will be served.Fee: $75

Glensheen Mansion Guided TourThursday, August 3. Buses depart from the hotel at 1:30 p.m. and will return by 4:00 p.m. Fee: $30

Member Non-member

Early Late Early Late

Regular $200 $225 $250 $275

Guest $150 $150 $200 $220

Optional events:

Golf Outing $75 (includes boxed lunch)Glensheen Mansion Guided Tour $30

REGISTRATION FEES

OPTIONAL EVENTS

Attention MLTA Members: The Board is proposing some updates to the Association's Bylaws this year. A full copy of the proposed changes will be circulated prior to the convention, and copies will be available at the convention. Changes will be reviewed and voted on at the convention. Remember - decisions are made by those who show up!

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Nearly 30 MLTA members gathered at the Minnesota State Capitol to meet with their legislators and share the important work of our profession.

Annual meetings with legislators are important to ensure both veteran and incoming lawmakers understand the value of what we do. On this day, we have the opportunity to share how we advance home ownership, facilitate the collection of millions of dollars in taxes and child support payments, and serve as a reporting mechanism to the IRS.

MLTA Day at the Capitol ▪ February 27, 2017

MLTA Spring Seminar ▪ April 3, 2017

Over 130 industry professionals attended MLTA's 2017 Spring Seminar. This annual event provides nuts and bolts education about the operational issues affecting our industry.

This year we held the event in the metro area (Minneapolis Marriott Northwest) and introduced a new format consisting of morning general sessions and afternoon breakout sessions. The breakout sessions provided an opportunity for attendees to get concentrated education in areas of their choice. The new format and location were well received and we look forward to building on this year's success!

MLTA IN PICTURES

Several MLTA members attended ALTA's Advocacy Summit in Washington, D.C. At this event, ALTA orchestrates meetings with federal legislators and regulators for hundreds of members from around the country. If it's happening at the Federal level, ALTA is aware and working!

ALTA Advocacy Summit ▪ May 1-3, 2017

Left to right: Dawn Anderson, Stewart TitleRichard Welshons, DCA TitleDan Wold, Old RepublicSue Basiago, Midland TitleBrandt Keefe, Stewart TitleJeff Bluhm, Old RepublicKristin Sherley, Old Republic

Left: Senator Karin Housley (R) District 39 shared her journey to the legislature and provided suggestions to attendees for holding effective meetings with their own legislators.

Left: Richard Coffey, U of M alumni and former basketball player for the Golden Gophers and Minnesota Timberwolves shared how perseverance and the right attitude helped him achieve personal and professional success.

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INDUSTRY EVENTSMINNESOTA LAND TITLE ASSOCIATION

MLTA 2017 ConventionAugust 3-4, 2017Holiday Inn DuluthDuluth, MN

mlta.org

IOWA LAND TITLE ASSOCIATION

Legal Descriptions CourseSeptember 15, 2017Univ. of Northern Iowa, Cedar Falls, IA

Legal Entities & Special Circumstances CourseNovember 3, 2017Univ. of Northern Iowa, Cedar Falls, IA

iowalandtitle.org/events_list.cfm

NORTH DAKOTA LAND TITLE ASSOCIATION

To Be Announced

ndlta.org/events.html

SOUTH DAKOTA LAND TITLE ASSOCIATION

Mid-Winter Meetings Ramkota RiverCenter, Pierre, SDJanuary 31, 2018January 30, 2019February 5, 2020

sdlta.org/events.html

WISCONSIN LAND TITLE ASSOCIATION

Title Exam CoursesWisconsin Bankers Assn. BuildingMadison, WI

November 2, 2017: I, III, VNovember 3, 2017: II, IV, VI

Pre-Licensing SeminarsJune 22, 2017 - Metropolitan Builders Bldg., Waukesha

August 24, 2017 - Staybridge Suites, Eau Claire

December 8, 2017 - Wisconsin Bankers Assn, Madison, WI

Closing & Escrow WorkshopsSeptember 8, 2017Wisconsin Bankers Assn. Bldg., Madison, WI

Construction Closing Workshop

Residential Closing & Escrow Workshop

Title Exam Graduate Course-Claims Avoidance Strategies Part 4Venue TBA, Wisconsin Dells

Annual ConventionOctober 18-20, 2017The Journeyman HotelMilwaukee, WI

wlta.org/wlta/events.asp

AMERICAN LAND TITLE ASSOCIATION

ALTA Innovation Boot Camps:Nashville, TN: June 20-21, 2017Baltimore, MD: August 23-24, 2017

ALTA Large Agents MeetingJuly 16 - 18, 2017Snake River Lodge & Spa, Teton Village, WY

ALTA One 2017October 10-13, 2017Trump National Doral MiamiMiami, FL

alta.org/events/

PROPERTY RECORDS INDUSTRY ASSOCIATION

Annual Conference August 28-31, 2017 Sheraton Nashville DowntownNashville, TN

Winter SymposiumFebruary 26-March 1, 2018, HotelMonteleone, New Orleans, LA

pria.us/i4a/pages/index.cfm?pageid=3280

METRO PREP

MN PREP - Metro ChapterJune 22, 2017, TBD September 14, 2017, France Place, Bloomington November 9, 2017, France Place, Bloomington

mlta.org

MINNESOTA ELECTRONIC REAL ESTATE RECORDING COMMISSION (ERERC)

July 20, 2017, 1:30 - 3:30 p.m.October 19, 2017, 1:30 - 3:30 p.m.

Association of Minnesota CountiesSt. Paul, MN

mnererc.com/

MINNESOTA ASSOCIATION OF COUNTY OFFICERS (MACO)

Minnesota County Recorders Association (MCRA) 2017 Summer ConferenceRuttger's Bay Lake Lodge, Deerwood, MNJune 13 - 16, 2017

Minnesota Association of County Auditors, Treasurers, and Finance Officers (MACATFO) 2017 Summer ConferenceCragun's Resort on Gull Lake, Brainerd, MNJune 20 - 23, 2017

mncounty.org/events/event_list.asp

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ALTA NEWS AND EVENTS

ALTA Releases Updates to Supplemental Best Practices MaterialsApril 6, 2017

ALTA updated its Best Practices in October 2016 to improve and clarify the requirements. Following the introduction of these changes, ALTA’s Best Practices Task Force worked to update the supplemental materials to ensure that the industry receives consistent information about how to implement and comply with the Best Practices.

The updates to the supplemental material include:

Assessment Readiness Guides: These guides help companies internally assess their compliance with each pillar of the ALTA Best Practices. The updated Version 2.5 of the Assessment Readiness Guides can be accessed here.

Compliance Management Report: The report is designed to help companies communicate the results of the internal assessment they conducted using the Assessment Readiness Guides. This report can be provided to lenders or other third parties. Version 2.5 of the Compliance Management Report can be accessed here.

More

Innovation Boot CampsNashville, TN: June 20-21, 2017Baltimore, MD: August 23-24, 2017

Spend $100K for a marketing firm or attend an Innovation Boot Camps for $349 + 1 night in a hotel? ALTA's newest event offers an identical schedule in 3 locations in 2017. ALTA Innovation Boot Camps offer a day and half conference for marketing and Realtor, consumer and lender education. more

ALTA ONE 2017October 10-13, 2017 Trump National Doral Miami

ALTA ONE is the most important event for the title insurance industry. Each year, it unites all ALTA members in one place to get inspired, gain knowledge and work together to protect the property rights of homebuyers. ALTA ONE features stimulating speakers, dynamic networking opportunities and a forum for keeping up with best practices and regulation changes. more

ALTA Launches Best Practices FAQ PortalApril 13, 2017

ALTA unveiled a new tool designed to help ensure the industry receives consistent and accurate information about how to interpret certain provisions of ALTA’s Title Insurance and Settlement Company Best Practices.

The Best Practices FAQ Portal allows questions to be submitted about the Best Practices in an effort to gain clarity about the standards. The Best Practices provide guidelines for the policies and procedures title insurance and settlement companies should have in place to ensure they are protecting consumers, their money and their data. However, there is some uncertainty about the ALTA Best Practices that sparks conversations within the industry about how to comply with these standards.

“Our hope is to provide more reliable information that will be helpful to companies when undergoing a Best Practices assessment,” said Michelle Korsmo, ALTA’s chief executive officer. “By ensuring that our industry and Best Practices assessment providers are privy to the same information about the Best Practices, we believe that companies will be in a better position to implement and comply with the ALTA Best Practices.”

Interested parties may submit a question through the FAQ portal. ALTA staff and a team of industry professionals will then consider the question and draft a response. ALTA will publish answered FAQs here.

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TitleGram Spring 2017 • 9

ALTA to Launch ‘Whatever You Call Home’ Campaign May 31, 2017

Coinciding with National Homeownership Month in June, ALTA will launch an ad campaign titled “Whatever You Call Home” to help educate consumers about the closing process and the benefits of title insurance.

As the centerpiece of the promotion, ALTA will once again target 25- to 34-year-olds in specific markets on Pandora. The streaming and automated music service now has an additional filter that allows us to target people who plan to purchase a home within the next year. Starting June 3 and running through June 11, we will target this demographic in these areas: Baltimore, Chicago, Columbus, OH, Dallas/Fort Worth, Kansas City, Miami/Fort Lauderdale, Nashville, and Orlando.

Last year, the ad campaigns resulted in more than an 80 percent increase in traffic to HomeClosing101.org.

In addition to reaching first-time homebuyers on Pandora, ALTA also will target homebuyers through other channels as well, including Google Ads, Facebook and YouTube.

ALTA has created a video that also will direct homebuyers to its consumer education website. The video reminds consumers that before they paint, decorate and make their home theirs, they need to protect their property rights with an owner’s title insurance policy.

Finally, ALTA will distribute a series of press releases highlighting top reasons why homebuyers need title insurance, the key steps in the closing process and a reminder about wire fraud schemes. We’ll share results of the campaign later this year.

http://blog.alta.org/2017/05/alta-to-launch-whatever-you-call-home-campaign.html

President Donald J. Trump Proclaims June 2017 as National Homeownership MonthMay 31, 2017

https://www.whitehouse.gov/the-press-office/2017/05/31/president-donald-j-trump-proclaims-june-2017-national-homeownership?utm_source=twitter&utm_medium=social&utm_content=wh_20170531_na

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TitleGram Spring 2017 • 10

A significant change to one of the standard title insurance forms recently was approved by ALTA. The new 2016 ALTA Commitment both streamlines the existing features of the title insurance commitment and, for the first time, expressly sets out many of the fundamental title insurance industry assumptions underlying such commitments. The clear and laudable aim of this new form is more clarity, less misunderstanding, and therefore a better relationship among the contracting parties. This article summarizes the changes to the form, with a particular focus on the important new notice and the express prescription on the title insurance issuing agent’s limited role on behalf of the title insurer.

Background

On June 9, 2016, the ALTA Board of Governors approved recommendations to adopt new and revised forms, including the 2016 ALTA Commitment for Title Insurance, which was published in final with an effective date of Aug. 1, 2016.

The 2016 ALTA Commitment is a more streamlined version of the 2006 ALTA Commitment, and it contains important clarifications of the obligations between the title insurer, proposed insured and title insurance issuing agent.

While you will recognize many of the changes as mere codifications of the existing standard, industry understanding of what a title insurance commitment is, what it does, and why it is issued, its new terms are worth considering in some detail.

Notice

The most significant revision is the incorporation of a “Notice,” prominently placed at very top of the jacket of the 2016 ALTA Commitment. The Notice expressly sets forth that the 2016 ALTA Commitment is only an offer to issue the specified title insurance policy and not “an abstract of title, report of condition of title, legal opinion, opinion of title, or other representation of the status of title.” In other words, the 2016 ALTA Commitment is simply the first step in the formation of a binding contract, the title insurance policy. The Notice further confirms that the procedures used by the title insurer in determining insurability, including any title search or examination, are for the benefit of the insurance company only.

The Notice is of particular significance because, previously, title insurance commitments had been asserted as the basis of tort claims against title insurers and some courts had actually determined that a title insurance commitment could be the basis for a title insurer’s liability in tort, if, for example, a title encumbrance or defect of record was not listed in the commitment. The error in this determination is that it is premised on the fundamental misconception that a commitment is designed to disclose the state of title, including all title encumbrances and defects of record, to the proposed insured.

Commitments are not, of course, designed to disclose the state of title, and title insurers are not engaged in the business of abstracting title, issuing legal opinions of title, or making any representations as to the state of title. Instead, title insurance is best thought of as the process by which a title insurer comes to determine the risk of, and premium for, issuing a policy of title insurance that will provide the insured with a defense and possible indemnification in the event that title is not as insured, pursuant to the terms, conditions and stipulations of the policy that is ultimately issued. Thus, commitments have always only been, as the 2016 ALTA Commitment now expressly states, an offer to issue a policy to a proposed insured if the conditions of the commitment are met.

Importantly, an offer to issue a title insurance policy and the policy itself are not warranties or guaranties that title is as set forth in the offer (commitment) or the ultimate contract (policy). Instead, the policy is a contract of indemnification and expressly contemplates the obligations of the insured and insurer in the event there is an allegation that title is not as insured. For example, title insurance policies impose specific notice obligations on the insured in the event of a claim and also provide the insurer with a range of options on how to address a claim, including defending, curing, or paying diminution in value. In other words, the title insurance policy that is the end result of the offer contained in the title insurance commitment, far from warranting that title is as insured, expressly contemplate the possibility that title will not be as insured and then sets forth the parties’ contractual obligations under those circumstances.

The New 2016 ALTA Commitment: Expressing Limitations on LiabilityMay 25, 2017

By Christopher Smart

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It is not difficult to understand why an insurance industry that calculates its insurance premiums based on potential limited contractual liability arising from the risk of a recorded encumbrance or defect was concerned to correct misinterpretations of its contractual offer to issue title insurance as representation of title that could open insurers to potentially unlimited tort damages. It is an important goal for the title insurance industry and for all of the participants in the residential and commercial real estate industry, as title insurance is what allows real estate professionals to close real estate transactions efficiently, affordably, and with confidence.

The Commitment

The 2016 ALTA Commitment is comprised of the Notice, Schedule A, the Requirements in Schedule B, Part I, the Exceptions in Schedule B, Part II and the Commitment Conditions. Each part of the 2016 ALTA Commitment is required for it to be effective and, in particular, the amount of insurance and the name of the proposed insured must be included in Schedule A before it becomes effective. The 2016 Commitment expressly states that it terminates within 6 months of the effective date if the requirements in Schedule B, Part I are not met before that time. The 2016 ALTA Commitment conditions, discussed below, also go on to state that if the Schedule B, Part I requirements are not met within this time, then the insurer’s obligations and liability terminate along with the commitment.

The Commitment Conditions

• Definitions: The 2016 ALTA Commitment now contains definitions of certain key terms such as

“Knowledge,” “Land,” and “Public Records,” that will prove helpful to anyone reading it, including proposed insureds.

• Counter-signature: The condition that the commitment be counter-signed by the insurer or the insurer’s title insurance issuing agent had always been expressed simply in the fact of the authorized signature block, but the 2016 ALTA Commitment Conditions now expressly state this requirement.

• Right to Amend: The 2016 ALTA Commitment now also expressly states the insurer’s right to amend the commitment at any time to add defects, liens, encumbrances, adverse claims or other matters recorded in the official records and places detailed and specific limitations on any possible liability to the proposed insured in the event of such an amendment.

• Limitation on Liability: The 2016 ALTA Commitment also expressly limits liability of the title insurer by providing that only the identified proposed insured is entitled to make a claim pursuant to the commitment, that such claims must be in contract pursuant to the terms and provisions of the commitment, that the commitment is the entire agreement between the parties until the policy is issued at which point the obligations and liability under the commitment terminate, that any modifications must be in writing, and that any modifications to Schedule B, Part II Exceptions, will not require the insurer to provide coverage beyond the commitment or the policy.

The Title Issuing Agent

In many jurisdictions, a closing agent, in addition to acting as the closing and escrow agent for the parties, can also serve in the limited capacity as title insurance issuing agent for the insurer. Although the independent title insurance agent relationship is frequently set forth in a written agency agreement with the insurer that strictly limits the scope of the agent’s authority on behalf of the insurer, the parties to the transaction often subsequently allege that the agent was the insurer’s agent for all purposes. Those allegations, like the allegations of tort liability for misrepresentations in the commitment, have the potential to give rise to extra-contractual and potentially unlimited liability for insurer, given that closing agents have a duty to close a transaction in a reasonably prudent manner and their liability arises in negligence.

In order to address this problem, the 2016 ALTA Commitment affirmatively states that the title insurance issuing agent is the insurer’s agent only for that purpose and not the insurer’s agent for the purpose of providing closing or settlement services. Thus, this provision should help to clarify one of the most frequently misunderstood roles in any real estate transaction and end title insurers’ potential for liability for providing closing services, when they do not contract and are not paid for those services.

Christopher Smart is a shareholder with the law firm Carlton Fields. He represents national title insurance companies, lenders, creditors, and a broad array of real estate owners, developers, and investors. Smart can be reached at [email protected].

https://www.alta.org/news/news.cfm?20170525-The-New-2016-ALTA-Commitment-Expressing-Limitations-on-Liability

Reprinted with permission from the American Land Title Association. 

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NAIC Creates Pre-Dispute Mandatory Arbitration Clauses Working GroupApril 13, 2017

The National Association of Insurance Commissioners (NAIC) has created a Pre-Dispute Mandatory Arbitration Clauses Working Group. The group is charged to consider and, if appropriate, amend the Unfair Trade Practices Model Act or develop a new model act prohibiting the use of

• pre-dispute mandatory arbitration clauses in any individual and commercial insurance policies

• choice-of-law and choice-of-venue clauses.

In May 2016, the Consumer Financial Protection Bureau (CFPB) released a 376-page proposed rule to limit the use of mandatory arbitration clauses in certain financial contracts. The proposal focuses on contract provisions that bar consumers from filing or participating in class action lawsuits in the event of a dispute, thereby limiting consumers’ recourse to arbitration. The proposal would allow consumers to bring class action lawsuits against banks and other financial service providers—even if the parties have an existing agreement to waive their right to a trial.

From an industry perspective arbitration is a helpful tool because it is typically less costly, takes decisions out of the hands of juries and puts them in the hands of more impartial and less inflamed arbiters and can help limit spurious class actions suits by making them more costly for plaintiffs.

https://www.alta.org/news/news.cfm?20170413-NAIC-Creates-Pre-Dispute-Mandatory-Arbitration-Clauses-Working-Group

NAIC Increases Spotlight on Innovation and Emerging TechnologiesMarch 16, 2017

The National Association of Insurance Commissioners (NAIC) created an Innovation and Technology Task Force to help insurance regulators stay informed on key developments, including new products and services from start-up companies, as well as established insurance industry players. The task force reports directly to the NAIC Executive Committee.

"This is an important step in our efforts to increase our engagement in new and innovative technologies," said Ted Nickel, NAIC president and Wisconsin insurance commissioner. "Insurance regulators have a critical role to play in supporting innovation. This includes working with individuals and companies creating new product offerings and services to meet consumer expectations while ensuring consumers are adequately protected."

Annual investment in InsurTech increased to more than $2.5 billion in 2016 and continued growth is expected in the coming years.

Michigan Insurance Director Patrick M. McPharlin and Oregon Insurance Commissioner Laura Cali Robison will lead the task force as chair and vice chair, respectively. The new task force will also oversee the work of the Big Data Working Group, the Cybersecurity Working Group and the Speed-to-Market Working Group.

http://www.naic.org/Releases/2017_docs/innovation_emerging_technology_task_force.htm

The CFPB Fails to Properly Secure Confidential Enforcement InformationHousingWire | May 19, 2017 | Ben Lane

The new report, released this week by the Board of Governors of the Federal Reserve System Office of the Inspector General for the Consumer Financial Protection Bureau (first reported by Law360), showed the Consumer Financial Protection Bureau's Office of Enforcement did not put proper protocols in place to secure confidential investigative information and confidential supervisory information.

https://www.housingwire.com/articles/40167-watchdog-the-cfpb-failed-to-properly-secure-confidential-enforcement-information

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MACO Presents Awards to Outstanding MembersFebruary 21, 2017

The Minnesota Association of County Officers (MACO) named Kirk Peysar, Aitkin County Auditor, to its Honor Roll at the Annual MACO Conference held February 6-10, 2017 in Bloomington, Minn.

The Honor Roll is the highest honor awarded each year by the MACO organization. The award is presented by the president of MACO to an individual or individuals in recognition of outstanding service and contributions to the Minnesota Association of County Officers. The Honor Roll has

been given annually since 1996. Peysar was recognized for his many years as the association’s treasurer and for helping the MACO organization maintain a healthy financial position.

MACO is comprised of county Auditors, Treasurers, Recorders, Financial Officers and Registrars in Minnesota. All 87 Minnesota counties are members. The MACO organization is made up of two individual associations – one comprised of Auditors, Treasurers and Financial Officers and a separate association of Recorders and Registrars. These two associations – the Minnesota Association of County Auditors, Treasurers and Financial Officers (MACATFO) and the Minnesota County Recorders Association (MCRA) – combine to make up MACO.

In additional to the Honor Roll, awards also were presented to an outstanding Auditor, Treasurer and Recorder Of The Year. Officers receiving awards are voted in by their peers.

Deborah Erickson, Crow Wing County Auditor-Treasurer, received the Auditor Of The Year award from the Minnesota Association of County Auditors, Treasurers and Financial Officers.

Brenda Lundon, Mahnomen County Treasurer, received the Treasurer Of The Year award from the Minnesota Association of County Auditors, Treasurers and Financial Officers.

Jeffery Aitken, Wabasha County Recorder, received the 2016 Recorder Of The Year award from the Minnesota Association of County Recorders.

Also at the annual MACO meeting and conference, Laurie Davies, Carver County Auditor-Treasurer, was elected president of MACO for 2017. She succeeds Jennifer Wagenius, Washington County Recorder, as president of the organization. Newly elected members to the MACO Board of Directors representing regions of the state were

Michelle Cote, Polk County Auditor-Treasurer-Recorder; and Kim Saterbak, Swift County Auditor.

Laurie Davies (right), MACO President in 2017, presents a plaque and appreciation to Jennifer Wagenius, MACO president in 2016. The change in leadership was one of the highlights of the annual MACO conference held Feb. 6-10, 2017 at the DoubleTree by Hilton in Bloomington. The MACO conference draws about 300 each year.

More

OCC Issues FAQs on Bank Risk Management for Third-party ProvidersJune 13, 2017

The major driver in publishing the FAQs was to explain how banks interact with newer fintech companies. Many banks have been reluctant to share information with these start-ups, even when customers give their approval, due to security concerns. While the FAQs are not directed at title and settlement companies, they do provide some parallels.

https://www.occ.treas.gov/news-issuances/bulletins/2017/bulletin-2017-21.html

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Fannie, Freddie Accept E-recorded Mortgage Copies Rather Than Wet-signed DocsMay 16, 2017

Fannie Mae and Freddie Mac both recently announced they would accept copies of electronically recorded mortgages rather than original wet-signed documents.

Below are the sources if you need verification to share with your lender partners:

• Fannie Mae: Section A2-5.2-01 of its Servicing Guide

https://www.fanniemae.com/content/guide/servicing/a2/5.2/01.html

• Freddie Mac Bulletin: Chapter 1401.14 of Seller/Servicing Guide

http://www.freddiemac.com/singlefamily/guide/bulletins/pdf/bll1616.pdf

https://www.alta.org/news/news.cfm?20170516-Fannie-Freddie-Accept-E-recorded-Mortgage-Copies-Rather-Than-Wet-signed-Docs

Freddie Mac Launches New Fraud Risk WebpageVisit Freddie Mac's new Single-Family Fraud Risk homepage at http://www.freddiemac.com/singlefamily/fraud.html

Additional resources:

• Read the Single-Family mortgage fraud mitigation best practices document [PDF] and mortgage screening checklist [PDF].

• Visit the new Freddie Mac Single-Family Fraud Risk homepage.

• Learn about rising incidences of affinity fraud, investment property schemes and serial loan level fraud.

• Refer to Single-Family Seller/Servicer Guide Chapters 3100 and 3200 for our complete requirements on fraud prevention, detection and reporting.

Recently Published Documents• White Paper on TIFF-PDF/A Documents

Download

• First eRecording Document Volume SurveyDownload

• eNotary FAQsDownload

www.pria.us

PRIA Webinar

Notary Options: In-person and Remote - What Are the Differences?Thursday, June 29 | 3 p.m., ET

Fee: Complimentary for PRIA Members; $25 all others

Presenters:

• Marc Aronson, Pennsylvania Association of Notaries,

• Michael Chodos, Notarize• Jason Streit, World Wide Notary

Topics include:

1. High-level overview of the notary options currently in use

2. Walk-through closing for both in-person notarization and remote-notarization

3. See what the documents look like after they have been notarized

To register for this webinar, click here. Registrations will be accepted on a first-come, first-served basis until all seats are filled.

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New FTC Website Helps Small Businesses Avoid Scams and Cyber AttacksMay 9, 2017At the direction of Acting Chairman Maureen Ohlhausen, the Federal Trade Commission has launched a new website – ftc.gov/SmallBusiness – with articles, videos, and other information aimed at helping small business owners avoid scams and protect their computers and networks from cyberattacks and other threats. According to the U.S.Small Business Administration (SBA), there are more than 28 million small businesses nationwide, employing nearly 57 million people. Scammers frequently target small businesses with deceptive tactics designed to get them to pay for supplies they didn’t order, donate to fake charities or trick them into giving access to their network or downloading malware that can corrupt their business’s computers. Press Release | https://www.ftc.gov/SmallBusiness

Cybersecurity - Running a company with a few employees? Check out these computer security basics for small businesses. And learn how to protect computers and networks against threats, develop a plan to protect customers’ personal information, and what to do if there is a data breach.

Protect Your Business from Scams - Scammers target small businesses. Learn to recognize those scams by reading these tips or watching these videos.

Insurance Institute for Business and Home Safety Business Continuity Toolkit - OFB-EZ®OFB-EZ (Open For Business-EZ) is a free business continuity tool designed to help even the smallest businesses focus on planning for any type of business interruption, so they can quickly re-open and resume operations following a disaster. With its non-technical language and streamlined layout, any business owner can create an easy-to-use recovery plan tailored to the individual business, providing confidence if the worst occurs.

Loan Modification Scam Alert CampaignCongress asked NeighborWorks America to launch the Loan Modification Scam Alert Campaign to educate homeowners about loan modification scams. Launched in October 2009, the campaign empowers homeowners to protect themselves against loan modification scams, find trusted and often free assistance and report illegal activity to authorities.

NeighborWorks America is working with national, state and local partners and more than 240 community-based affiliates on the campaign. Together with our partners, we have alerted millions of homeowners in hundreds of at-risk communities through real-life scam stories; TV, radio and print advertising; online marketing; local transit and radio PSAs; earned media; fliers; postcards; door hangers; tip cards; posters; events; word of mouth; e-cards and social media activity. Get help, learn how to spot scams and report scams at:

http://www.loanscamalert.org/en-us/about-this-campaign

Nationwide Insurance's second annual Small Business Indicator: Most small-business owners (68 percent) don’t have a written disaster recovery plan. https://blog.nationwide.com/news/disaster-recovery-plan-study-results/

The third pillar of ALTA’s Title Insurance and Settlement Company Best Practices includes the development of a disaster management plan. The main objective of a vendor assessment is to determine your vendors’ ability to continue service despite any sort of interruption in normal operations. To help do this, you need to determine which vendors are critical to the vitality of your company and assess the level of risk each vendor poses.

https://www.alta.org/news/news.cfm?20170314-Study-Majority-of-Small-Businesses-Lack-Written-Disaster-Recovery-Plan

Business owners create their own business continuity plan using the program’s modules.1. Know Your Risks2. Know Your Operations3. Know Your Employees4. Know Your Customers, Contacts, Suppliers, Vendors5. Know Your Finances6. Know Your Information Technology7. Know When to Test Your PlanDownload the OFB-EZ Toolkit

http://disastersafety.org/ibhs-business-protection/ofb-ez-business-continuity/

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LINKS

FBI’s Internet Crime Complaint Centerhttps://www.ic3.gov/default.aspx

Anti Phishing Working Grouphttp://www.antiphishing.org/

Identify Thefthttps://www.identitytheft.gov/

FEDERAL TRADE COMMISSION

FTC’s consumer information sitehttps://www.consumer.ftc.gov/articles/0009-computer-security

FTC's data security portalhttps://www.ftc.gov/tips-advice/business-center/privacy-and-security/data-security

Start with Security: A Guide for Businesshttps://www.ftc.gov/tips-advice/business-center/guidance/start-security-guide-business

Protecting Personal Information: A Guide for Businesshttps://www.ftc.gov/tips-advice/business-center/guidance/protecting-personal-information-guide-business

FTC Video Libraryhttps://www.ftc.gov/news-events/audio-video/business/privacy-and-security

ALTA

ALTA’s Title Insurance and Settlement Company Best Practiceshttps://www.alta.org/best-practices/

Tips for Businesses Impersonated as Part of Email Phishing ScamsMarch 7, 2017

Title and settlement companies impersonated as part of an email phishing scam should notify customers as soon as possible, contact law enforcement, provide resources for affected consumers and review the company’s security practices, according to the Federal Trade Commission (FTC). Offering immediate advice and support can help companies retain customer goodwill. Here are tips on how to respond if your business is impersonated in a phishing scam:

• Notify consumers of the scam. If you are alerted to a phishing scam where fraudsters are impersonating your business, inform your customers as soon as possible. If your business has a social media presence, announce the scam on your social media sites and warn customers to ignore suspicious emails or texts purporting to be from your company. You can also inform your customers of the phishing scam by email or letter. The important point is to remind your customers that legitimate businesses like yours would never solicit sensitive personal information through insecure channels like email or text messages.

• Contact law enforcement. If you become aware of a phishing scam impersonating your business, report the scam to the FBI’s Internet Crime Complaint Center. Suggest that affected customers forward any phishing emails impersonating your business to the Anti Phishing Working Group, a public-private partnership against cybercrime. Consumers also can file a complaint with the FTC.

• Provide resources for affected consumers. If consumers believe they may be victims of identity theft because of the phishing scam impersonating your business, direct them to http://www.identitytheft.gov/ where they can report and recover from identity theft. For more information about recommended computer security practices, direct consumers to resources on the FTC’s consumer information site where they can learn how to protect themselves online and avoid phishing attacks.

• Use the episode as reminder to update your security practices. Data security isn’t just a one-and-done checklist. Threats are ever-evolving, so your defenses need to be nimble, too. Check out the FTC’s data security portal for information on securing sensitive customer information. Follow case developments and read publications designed for companies of any size and sector, including Start with Security and the recently refreshed Protecting Personal Information: A Guide for Business. Pressed for time? Pledge two minutes a day to watch a video from the FTC’s resource library for businesses. The third pillar of ALTA’s Title Insurance and Settlement Company Best Practices provides guidance on adopting and maintaining a written privacy and information security program to protect non-public personal information.

Additional Articles

• Alert: Watch for Fake Emails from Title Action Network• Watch for Fake Dropbox Emails Sharing ‘Closing Disclosure’• Learn How to Identify Valid and Suspicious Email• FTC Issues Warning About Phishing Scheme Targeting Wires for Closings

https://www.alta.org/news/news.cfm?20170307-Tips-for-Businesses-Impersonated-as-Part-of-Email-Phishing-Scams

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World Elder Abuse Awareness DayJune 15Each year, an estimated 5 million older adults are abused, neglected, or exploited. Older Americans lose an estimated $2.6 billion or more annually due to elder financial abuse and exploitation. It occurs in every demographic and can happen to anyone—a family member, a neighbor, even you. It is estimated that only one in five of these crimes are discovered.

World Elder Abuse Awareness Day (WEAAD) was launched on June 15, 2006 by the International Network for the Prevention of Elder Abuse and the World Health Organization at the United Nations (UN). WEAAD aims to provide an opportunity for communities around the world to promote a better understanding of abuse and neglect of older persons by raising awareness of the cultural, social, economic, and demographic processes affecting elder abuse and neglect. In addition, WEAAD is held in support of the UN International Plan of Action acknowledging the significance of elder abuse as a public health and human rights issue. This observance serves as a call-to-action for individuals, organizations, and communities to raise awareness about elder abuse, neglect, and exploitation.

https://www.acl.gov/news-and-events/events-and-observances/world-elder-abuse-awareness-day

Reg Flags for Mortgage Fraud Scams Targeting Seniors

Encourage your older borrowers, and trusted family/friends assisting them, to look out for these red flags and follow ways to combat them:

Red Flag #1: You don't know the person making the offer. Only listen to someone you trust. Don't sign anything until you've vetted it with someone who both understands the financial implications and has your best interest at heart.

Red flag #2: You're asked to sign something right away and/or must "act now" on the offer. Be skeptical of all offers, especially unsolicited ones and those that require you to commit immediately. Give no personal information to a stranger in person, over the phone or through email. Always ask for everything in writing so you can think it through and take time to talk through the options with a trusted family member, friend or advisor.

Red flag #3: You're told you don't need to worry about the fine print.First, don't wait until you're desperate to refinance or get a reverse mortgage. Second, if you're considering a refinance or reverse mortgage, which are advertised frequently these days, read the fine print about the various plans and consumer protections in place to safeguard your financial interests. (Note: Freddie Mac

doesn't buy reverse mortgages, but we try to warn our customers and the public when we learn of potential risks and scams.)

The Top Four Actions Seller/Servicers Should Take

It's important to be aware of the added challenges and risks older borrowers face. Freddie Mac recommends that Seller/Servicers follow these four actions to mitigate mortgage fraud scams targeting seniors:

1. Make sure your older customers are very clear about what's happening with all transactions.

2. Double down on your due diligence in investigating all requests, claims and supporting documentation to uncover false or misleading information and/or statements.

3. Watch out for any unscrupulous individuals, including members of the prospective borrower's family, who might be unduly influencing the older customer. You can contact your local adult protective services agency via the federal eldercare locator website, to request they investigate potential senior exploitation.

4. Contact Freddie Mac immediately if you suspect fraud related to any loans we're working on together. Call (800)-4FRAUD8 or email Mortgage Fraud Reporting.

http://www.freddiemac.com/singlefamily/news/2017/0523_fraud.html

Freddie Mac: 4 Smart Ways to Help Combat Mortgage Fraud Scams Targeting Seniors

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Money Smart for Older AdultsConsumer Finance Protection Bureau (CFPB)Federal Deposit Insurance Corporation (FDIC)

Money Smart for Older Adults (MSOA) is an instructor-led training developed jointly by the Federal Deposit Insurance Corporation (FDIC) and Consumer Financial Protection Bureau (CFPB). The curriculum has been enhanced with new information and resources that allow older adults and their caregivers to make comprehensive financial decisions with confidence. Learn about common types of fraud and scams and how to prevent elder financial exploitation.

Most importantly, discover ways to keep your information safe and secure through advanced planning.

We invite you to use the curriculum to teach older adults what elder financial exploitation is and why they may be at risk. MSOA is also a tool for bank-community partnerships. For example, bank staff could deliver this information in collaboration with providers of senior services or adult protective services.

The curriculum covers seven topics:

• Common Types of Elder Financial Exploitation • Scams Targeting Veterans • Identity Theft • Medical Identity Theft • Scams that Target Homeowners • Planning for Unexpected Life Events • How to Be Financially Prepared for Disasters

The curriculum consists of an instructor guide, a PowerPoint presentation, and a take-home resource guide. Materials are available in both English and Spanish.

The free instructor-led curriculum is available as a download. Print copies of the resource guide may be ordered in bulk from the Consumer Financial Protection Bureau (www.cfpb.gov).

For examples of how several organizations have used the MSOA curriculum to inform and protect seniors and their caregivers, read a success story in Money Smart News.

More | Download the guide

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MLTA Leadership 2016 - 2017OFFICERS AND DIRECTORS

PresidentNancy LandmarkCommercial Partners Title, LLC200 South Sixth Street, Suite 1300Minneapolis, MN 55402(952) [email protected]

President-ElectKaren DrillBurnet Title5151 Edina Industrial Blvd., Suite 500Edina, MN 55439(952) [email protected]

Board of Directors – 1 Year TermKathy AustenChicago Title Insurance Company7701 France Avenue South, Suite 120Edina, MN 55435(952) [email protected]

Board of Directors - 2 Year TermDan PearsonOld Republic National Title Insurance Company400 Second Avenue SouthMinneapolis, MN 55401-2499(612) [email protected]

Board of Directors - 3 Year TermAlex GrundhofferNorth American Title Company1301 1st Street NENew Prague, MN 56071(952) [email protected]

Immediate Past PresidentSue BasiagoMidland Title7760 France Avenue South, Suite 140Richfield, MN 55435-5833(612) [email protected]

Secretary-TreasurerRichard WelshonsDCA Title1250 North Frontage RoadHastings, MN 55033(651) [email protected]

COMMITTEE CHAIRS

Education CommitteeBrandt KeefeStewart Title Guaranty Company1650 West 82nd Street, Suite 100Bloomington, MN 55431(952) [email protected]

David WelshonsDCA Title1250 North Frontage RoadHastings, MN 55033(651) [email protected]

Legislative CommitteeDan PearsonOld Republic National Title Insurance Company400 Second Avenue SouthMinneapolis, MN 55401-2499(612) [email protected]

Chad NovakCommercial Partners Title, LLC200 South Sixth Street, Suite 1300Minneapolis, MN 55402(612) [email protected]

Dawn AndersonStewart Title Guaranty Company1650 West 82nd Street, Suite 100Bloomington, MN 55431(612) [email protected]

Membership and Public RelationsCommitteeKathy AustenChicago Title Insurance Company7701 France Avenue South, Suite 120Edina, MN 55435(952) [email protected]

Nominating CommitteeJim MilinkovichFirst American Title Insurance Company701 Xenia Avenue South, Suite 450Golden Valley, MN 55416(763) [email protected]

Technology CommitteeManoj PurohitNorth American Title Insurance Company10150 Mallard Creek Road, Suite 505Charlotte, NC 28262(312) [email protected]

LIAISONS

County Recorder LiaisonDarlene MisslerFirst American Title Insurance Company701 Xenia Avenue South, Suite 450Golden Valley, MN 55416(763) [email protected]

ERER Commission LiaisonJeff CarlsonIndecomm Global2925 Country DriveSt. Paul, MN 55117(952) [email protected]

2017 CONVENTION HOST

Commercial Partners TitleTony Winczewski400 Second Avenue SouthMinneapolis, MN 55401-2499(612) [email protected]

BOARD COUNSEL

David MeyersRinke Noonan Attorneys at LawUS Bank Plaza, Suite 300St. Cloud, MN 56302(320) [email protected]

LOBBYIST

Nancy HyldenHylden Advocacy & Law310 4th Avenue South, Suite 5010Minneapolis, MN 55415(612) [email protected]

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