Elder Abuse: What would you do?
Kelly Kretchmer, with Fidelity National Title in Redding, California, dealt with a situation that quickly spiraled out of control. An elderly mother was selling her…
Property Owner Association Fees Not Automatically Conveyed in Foreclosure Sale
Diamondhead County Club and Property Owners Association, Inc. v. The Peoples Bank, Biloxi, Mississippi, 296 So.3d 651 (Miss. 2020)(en banc). Purcell, a developer, acquired property…
Consent of 85% of Lot Owners Upheld in Restrictive Covenants
Diamondhead County Club and Property Owners Association, Inc. v. Committee for Contractual Covenants Compliance Inc., 298 So. 3d 421 (Miss. Ct. App. 2020). In 1970,…
Member Highlight – Underwriter: Cass Tinsley
Cass Tinsley, an LTAMS underwriter member, received his undergraduate degree from Samford University in 1990, and earned his law degree from Cumberland School of Law…
Borrower Not Authorized to Accept Offer for Deed in Lieu of Foreclosure
Coast Plaza LLC v. RCH Capital LLC, 281 So.3d 1125 (Miss. Ct. App. 2019). Coast Plaza, a Mississippi limited liability company, was owned equally by…
Failure to Disclose Defects in House was Misrepresentation Despite “As Is” Clause
Lewis v. Rula, 293 So. 3d 317 (Miss. Ct. App. 2020). The Lewises purchased a house in Madison County. During the time they owned the…
Broadwater Hotel to become a $1.2B casino resort
Universal Music Group announced that Biloxi will be one of the first three locations that will launch its new UMUSIC Hotels. According to a Friday…
No Subrogation of Deed of Trust When Junior Creditor Had Actual Knowledge of Existing Deed of Trust
White v. Whitehead, 2020 WL 4436727 (Miss. Ct. App., June 30, 2020)(en banc). In 1994, Whitehead executed a deed of trust to Citizens Bank of…
ALTA Launches Wire Transfer Fraud Education Campaign
ALTA launches a campaign aimed to raise awareness about the importance of cybersecurity. Specific to the title and settlement industry, the goal is to help…
Mississippi’s residential sales are booming
According to various Mississippi Realtors, residential sales are strong across the state. All of the traditional hot spots – DeSoto County, the Greater Jackson Metro…
Dragnet Clauses, Credithrift, and Stewart
Trying to reconcile and apply Mississippi cases regarding future advance and dragnet clauses is a challenge. A 2017 bankruptcy court decision helps to correct one…
Member Highlight – Agent: Courtney Robbins
Courtney Robbins began her career as an officer in the trust department at a prominent bank in Jackson. She then worked as a prospect research…
The Mississippi Broadband Enabling Act
During the 2019 Regular Session, the Mississippi Legislature passed “The Mississippi Broadband Enabling Act” (Miss. Code Ann. § 77-17-1 et seq.), which permits electric cooperatives…
CARES Act Mortgage Forbearance: What You Need to Know
At the time of writing this article, 4.1 million homeowners had requested a forbearance plan from their mortgage loan servicer. Under the Coronavirus Aid, Relief,…
They say love is a journey …
Adoption is an amazing thing. It can be exciting, stressful, overwhelming, and humbling. One of our very own – the Joe Powell and his family…
ICE Prepares to Unleash a “Fully Digital Mortgage Ecosystem”
The Intercontinental Exchange (known as “ICE”) announced on Friday that it has received regulatory approval and fully completed its $11 billion acquisition of Ellie Mae.…
Mississippi Passes “Back-to-Business Liability Assurance and Health Care Emergency Response Liability Protection Act” In Response To COVID-19
On July 8, 2020, Governor Reeves signed the “Mississippi Back-to-Business Liability Assurance and Health Care Emergency Response Liability Protection Act” (Senate Bill No. 3049), which…
Request for Comment: 2021 ALTA Policy and Commitment Forms
ALTA is preparing to release its 2021 ALTA Commitment, Loan Policy, and Owner’s Policy. The new forms are intended to become effective as of July…
Failure to Get Financing Was Not Grounds For Refund of Earnest Money
Franklin Land Associates, LLC v. Sethi, 281 So.3d 119 (Miss. Ct. App. 2019). In 2010, buyer and seller entered into a real estate purchase agreement…
Fannie, Freddie to Delay Mortgage Refinance Surcharge Until Dec. 1
The Wall Street Journal is reporting that mortgage finance giants Fannie Mae and Freddie Mac will delay a contentious 0.5% surcharge on most refinanced home…