Article 78 Litigation – Key Dates

Originally filed on February 20^th, our litigation to oppose DFS regulation 208 is reaching a critical juncture.

On April 13^th the Attorney General’s Office, as attorney for DFS, filed their response to our petition.

At this time, our legal counsel Gibson Dunn Crutcher is preparing our reply to the DFS.  The reply document will consist of only two dozen pages. It will be filed on May 1^st with the Supreme Court of New York, county of New York.

The judge, Hon. Eileen A. Rakower, will hear oral arguments on May 8^th.

What happens next is not certain.

Judge Rakower may issue her ruling from the bench on May 8^th or she may decide to issue a written decision at a later date of her choosing.

The Officers have been working closely with our legal counsel to inform their filing with technical information about the title industry and the history of our relationship with the DFS and the Insurance Department.

While this matter makes its way through the court, the Association continues to lobby our legislators for support of bills which will correct many of the problems created by the DFS and their regulation 208.

Whatever the outcome of the litigation, the title industry needs to pass the Seward-Cahill bill (S6704/A8467) and the Golden-Abbate bill (S7901/A10207) to establish limits on the DFS and to protect homebuyers.

All title professionals, Members and non-members, are urged to attend Lobby Day in Albany on May 15th and to respond to the Title Action Network Alerts.

(If you want more background on this, look at the previous Newsblog item titled “The Long Game”, posted on April 12, 2018)