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Insurance Chair Cahill letter of Aug 20, 2018

Posted By Robert Treuber, Monday, August 27, 2018
Updated: Monday, August 27, 2018

 

While many of us were at the NYSLTA Convention the Association received a letter from Assembly Insurance Committee Chairman Kevin Cahill. The letter was read to the members in attendance at the convention and is included here for the review of those members who were not with us. The letter sends a message consistent with that presented by the Officers at the Agent Section and Title Section meetings and General Session at the Convention.

Regulation 208 may have been annulled, but members should be mindful that all other laws, rules and regulations are still in effect. This includes Regulations 206 and 500 (Cybersecurity), as well as your responsibility to your closers and adherence to the TIRSA Rate Manual and the Insurance Law, especially section 6409(d). We urge you to continue to conduct yourselves as good title professionals and reach out to your underwriters for guidance or with questions.

We will discuss the letter, Chairman Cahill’s request that we adopt a code of conduct and other options at the September Executive Committee meeting.

 


Chairman Cahill's letter is attached to this blog post as a PDF.
Click the link below to download.

Download File (PDF)

Tags:  Insurance Committee  NYS Assembly  Reg 208 

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Recap and Status of Litigation

Posted By Jean Partridge, Agent Section Vice-chair, Wednesday, August 1, 2018

 

The recent decision by Judge Rakower and the ensuing developments have been overwhelming to understand at times.  Much of this complexity was explained at the two Town Hall meetings but of course every member was not able to attend those sessions.

Therefore, we are providing you with a brief summary of the status of the litigation below.  I will do my best to keep this simple and concise.

  •     We brought our suit in the NY State Supreme Court in New York County.
  •     The case was assigned to Judge Rakower and pleadings were filed by our attorneys.
  •     The Attorney General’s (AG) office representing the DFS replied to our pleadings and we responded.
  •     A hearing was held before Judge Rakower on  June 14, 2018.
  •     Judge Rakower rendered a decision on July 5th.
  •     The decision effectively nullified Regulation 208 in its entirety.
  •     The AG filed a notice of appeal on July 6th.
  •     The AG immediately notified our attorneys of their intention to seek an emergency stay of the judge’s decision. An emergency stay, If granted , would postpone the judge’s ruling of annulling the regulation and “reimpose” the Regulation 208 until the case was heard on appeal in the Appellate Division).
  •     The AG later informed our counsel that they would NOT be seeking an emergency stay.
  •     Both the AG and NYSLTA must file additional pleadings with the Appellate Division prior to the next court appearance.


The earliest this matter could come before the Appellate judges is October. Given the congestion of the court’s schedule, it could slip to late October or later.  Until then, the regulation 208 is annulled.   All other regulations pertaining to the title industry remain in effect.

 We will continue to keep you advised.

Tags:  Article 78  DFS  litigation  Reg 208  Regulations 

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The new Yonkers RPT form is here!

Posted By Robert Treuber, Monday, July 30, 2018

 

The City of Yonkers has a new RPT form. 

 

NYSLTA Members can access it from the COUNTY & MUNICIPAL file library on this page -
https://nyslta.site-ym.com/page/FilesandDocs

 

Tags:  Land Records  NYS Dept Tax & Finance  Yonkers 

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Report to The Membership on Litigation

Posted By Robert Treuber, Sunday, July 8, 2018
Updated: Sunday, July 8, 2018

 

To NYSLTA Members –

 

As you may have seen in the New York Times, The NY Law Journal, Crain’s NY and The Real Deal, on July 5, 2018, Judge Eileen Rakower in New York County Supreme Court ruled in favor of the NYSLTA, Venture Title and Great American Title Agency by declaring NYDFS Regulation 208 annulled in its entirety.

 

The following day, the DFS filed an appeal with the Appellate Division.

 

The judge’s ruling and the DFS appeal can be viewed online, here: https://bit.ly/2KO7u8T

 

There is a natural exuberance at our victory in Supreme Court and a sense of vindication. These emotions are to be enjoyed but tempered with an understanding of the “big picture” and the realization that this matter is not yet settled.

 

First, act professionally.
When this is all behind us, there will still be a DFS and we will still be a regulated industry. Heed the advice of Ron Burgundy and “stay classy”. This is not a time for grandstanding and chest-thumping.

 

Second, be mindful of everything we have learned about DFS in this process.
We can assume greater scrutiny, an expanded market conduct investigation and efforts to provide evidence for the DFS claims of deceptive practices. Don’t give your adversary the rope she will use to hang you.

 

The “safe harbor” is to operate one’s business conservatively.  Are your disclosures in order? Are you fully in compliance with Regulation 206? Does your cybersecurity program meet all requirements of the regulation?

 

Third, silence is golden.
Resist the lure of a request for comment from a reporter “on a tight deadline”. If you have seen some of the news stories, you can see how innocuous statements can appear disparaging to the entire industry.

 

As we learn more about the implications of the DFS appeal, more information will be forthcoming to Members. Town Halls are being planned for Westchester and Long Island. Details to follow.

 

The Underwriters and the Agent Members have funded a significant victory for the title industry. A handful of people have dedicated hundreds of hours to prosecuting this case for the benefit of everyone.

 

Thank you for your support.

 

Thank you for being the New York State Land Title Association.

 

 

 

 

Tags:  Article 78  DFS  litigation  Reg 208  Regulations 

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Article 78 Update

Posted By Robert Treuber, Monday, June 18, 2018
On June 14, 2018, Judge Rakower granted the request for a stay on the filing of a premium rate reduction, per Regulation 208.

Please see the attached document.

 Attached Files:

Tags:  Article 78  DFS  Reg 208  Regulations 

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Article 78 Litigation – Key Dates

Posted By Robert Treuber, Monday, April 23, 2018
Updated: Monday, April 23, 2018

 

Article 78 Litigation – Key Dates

 

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

 

On April 13th 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 1st with the Supreme Court of New York, county of New York.

 

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

 

What happens next is not certain.

 

Judge Rakower may issue her ruling from the bench on May 8th 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)

 

 

Tags:  Article 78  DFS  EC  litigation  lobbying  Reg 208  Regulations 

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The Long Game

Posted By Robert Treuber, Thursday, April 12, 2018
Updated: Thursday, April 12, 2018

 

The current issue of City and State Magazine is dedicated to the topic of insurance.  You can read it online here - https://issuu.com/cityandstate/docs/csny_04092018_version .

 

This edition contains interviews with the Chairmen of the Insurance Committees in the State Senate and the Assembly, Senator Seward and Assembly Member Cahill.  Both of these gentlemen answer a question on title insurance on page 21 and I encourage you to read their comments. (I also suggest you take a look at the NYSLTA ad on page 23.)

 

For several months, NYSLTA Members and other concerned citizens have activity communicated with our legislators to repair DFS regulations that threaten our livelihood, disrupt the real estate finance marketplace and create new costs and complications for consumers, lenders and attorneys.

 

At times, it may appear our efforts are fruitless. I admit the investment is great and to date the returns have been slim. For perspective, I ask you to look closely at Chairman Cahill's reply to the title insurance question.

 

" Last year, the Assembly Insurance Committee held a hearing on the impact the new regulations are having or would have. The testimony and evidence from stakeholders and consumer advocates was compelling.

 

Since then, even more colleagues have approached me as chair of the Assembly’s Insurance Committee to discuss title insurance regulatory change.

 

In fact, more than any other single insurance topic, Assembly members from across the state have brought the concerns of their constituents regarding title insurance regulation to my attention.

 

While some would attribute the currency of the issue to heavy industry lobbying, it is clear, instead, that the disruption caused by regulatory overreach has impacted stakeholders in every phase of real estate transactions..."

 

This growing awareness and understanding of the problematic consequences of DFS regulation 208 is the result of YOUR phone calls, YOUR emails, YOUR person-to-person conversations with legislators and key staffers.

 

The process is slow but this is how we build a presence for the title insurance industry in the halls of government. One by one, one meeting at a time, with follow-up and repetition, with single-minded and consistent messaging - this is how we counter the misinformation and misunderstanding about the work we do and the financial product we provide.

 

Our work informing and educating the legislators and their staff does not end with Regulation 208. Next year and every year after that, we will function under the purview of the DFS.  Strong relationships in the legislature are our best means of counterbalancing onerous regulation.

 

If you have sent an email or made a phone call to your Senator or Assembly Member - thank you and now take the next step and meet with them in person.  If you have lobbied in the district office or in Albany - you are a champion, and we need you to bring along others as we continue the effort.

 

 

 


 

Tags:  DFS  engagement  lobbying  NY Senate  NYS Assembly  Reg 208  Regulations 

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April Executive Commitee Agenda

Posted By Robert Treuber, Friday, April 6, 2018
Updated: Friday, April 6, 2018

 


EXECUTIVE COMMITTEE MEETING

New York State Land Title Association
First American Title Insurance Company
666 Third Avenue
New York NY 10017
April 10, 2018

10:30 AM

 

AGENDA

1. Call to order – President Estrella
2. President’s Greeting – President Estrella
3. Approval of March 2018 Minutes - Executive Director Treuber
4. Exec Director Report – Executive Director Treuber
5. Treasurer Report – Executive Director Treuber
6. Article 78 Litigation Report – President Estrella & Chair Giliotti
7. Legislative Advocacy Report – President-elect Stancanelli & Exec. Dir. Treuber
8. Title Section Report – Chair Keyse
9. Agent Section Report – Chair Giliotti
10. Education Committee – Chair Labar
11. Government Regulations Committee Report – Chair Partridge
12. Law Committee – Chair Danzi
13. Legislative Committee Report – Chair Keyse
14. New Business
15. Adjourn

 

 

Tags:  Agenda  EC  Executive Committee 

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What the Budget Bill Means to Us

Posted By Robert Treuber, Monday, April 2, 2018
Updated: Monday, April 2, 2018

 

On Saturday, the NY State Legislature approved the final budget. The enacted state budget will not include the title industry issues we were seeking.

Our concerns - and many other policy provisions - were part of a wave of issues that were excluded this year.

 

The budget bill was our "silver bullet" but by no means was it the only solution to the overreach and burdens of Regulation 208.

The Legislature is in recess for the next two weeks.  We will use the remainder of the legislative session to seek passage of stand-alone bills to change the Insurance Law and avert the damage Regulation 208 will visit on consumers and the title industry.

NYSLTA is leading the effort to counter DFS Regulation 208.

NYSLTA is funding the effort to counter Regulation 208.

Our Article 78 litigation is proceeding in the Supreme Court of New York.

We will pursue legislation, building on the foundation we created.
 
Our hope to correct the missteps of DFS did not die with the signing of the budget.

The work continues.

 

 

Tags:  DFS  Reg 208  Regulations  State Budget 

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Bob's Blockchain Blogroll

Posted By Robert Treuber, Wednesday, March 28, 2018
Updated: Wednesday, March 28, 2018

 

Blockchain Blogroll

 

NYSLTA has had an ad-hoc discussion group on the topic of Blockchain since 2016.

 

Here is my constantly updated list of web sites, articles and videos. Please note some of these links are PDF downloads.

 

I hope you will be able to form your own perspective and understanding from these resources.

 

If you have a Blockchain resource you want to add, please mention it in the comments section.

 


http://associationsnow.com/2016/11/national-association-realtors-analyzes-blockchains-real-estate-potential/

 

http://www.csoonline.com/article/3138869/security-awareness/fraud-and-privacy-problems-on-the-blockchain.html

 

http://www.coindesk.com/blockchain-mortgages-compelling-premature/

 

https://blockchainedu.org/learn/?gclid=CJK3nuKcytECFYWKswodXpINXw

 

http://bravenewcoin.com/assets/Reference-Papers/A-Gentle-Introduction/A-Gentle-Introduction-To-Blockchain-Technology-WEB.pdf

 

https://www.pwc.com/us/en/financial-services/publications/viewpoints/assets/qa-what-is-blockchain.pdf

 

http://x9.org/wp-content/uploads/2016/02/Blockchain-Explained-v2.09.pdf

 

https://www.eitdigital.eu/fileadmin/files/2016/events/nl-id2016/Ad_Kroft_-_PresentatieBC_EITdigital_-_session_blockchain.pdf

 

https://totalcrypto.io/blockstrap-beginner-course-blockchain/

 

http://dataconomy.com/2015/10/wtf-is-the-blockchain-a-guide-for-total-beginners/

 

http://www.mortgageorb.com/blockchain-next-mortgage-industry-shake

 

https://medium.com/@dsearls/customertech-will-turn-the-online-marketplace-into-a-marvel-like-universe-in-which-all-of-us-are-ea6adcfc94f1 

 

http://www.computerweekly.com/opinion/Self-sovereign-identity-on-the-block-ideal-or-no-deal

 

https://qz.com/989761/microsoft-msft-thinks-blockchain-tech-could-solve-one-of-the-internets-toughest-problems-digital-identities/

 

https://www.economist.com/news/world-if/21724906-trust-business-little-noticed-huge-startups-deploying-blockchain-technology-threaten

 

http://fortune.com/2017/07/20/term-sheet-thursday-july-20/?t=1&cn=ZmxleGlibGVfcmVjc18y&iid=b4db65ad628f4e0298e66b6f71be7952&uid=242749434&nid=244+285282312

 

https://finance.yahoo.com/news/microsoft-unveils-technology-speed-blockchain-130857956.html

 

http://www.governing.com/topics/mgmt/gov-blockchain-technology-government-services.html

 

https://www.fastcompany.com/40449268/will-blockchain-revolutionize-global-real-estate-next

 

https://www.linkedin.com/pulse/can-blockchain-verifiable-claims-eliminate-next-breach-gary-rowe/

 

http://plog.proplogix.com/4-things-title-agents-should-know-about-blockchain-technology

 

https://www.coindesk.com/100-diplomas-mit-issues-graduate-certificates-on-a-blockchain-app/

 

http://www.slate.com/blogs/future_tense/2017/10/27/the_list_of_things_blockchain_will_revolutionize_according_to_the_tech_industry.html

 

https://www.housingwire.com/blogs/1-rewired/post/41678-mortgage-lenders-heres-your-blockchain-primer

 

https://www.bloomberg.com/gadfly/articles/2017-11-22/bitcoin-leaves-the-tech-giants-trailing

 

https://www.linkedin.com/pulse/blockchain-basics-level-set-enterprise-executives-gary-rowe/

 

https://techvisionresearch.com/project/blockchain-101/

  

https://techvisionresearch.com/project/identity-new-perimeter/

  

https://techvisionresearch.com/project/smart-contracts-blockchain/

 

https://www.bloomberg.com/news/articles/2018-01-18/hackers-have-walked-off-with-about-14-of-big-digital-currencies

 

https://www.enterprisetech.com/2018/01/26/vermont-launches-blockchain-project/

 

https://www.housingwire.com/blogs/1-rewired/post/42393-blockchain-isnt-magic-but-its-designed-to-make-you-think-so

 

https://www.theguardian.com/global-development/2018/feb/06/unicef-recruits-gamers-mine-ethereum-aid-syrian-children

 

https://www.linkedin.com/pulse/blockchain-basics-level-set-enterprise-executives-gary-rowe

 

 

 

 

 

Tags:  Blockchain  change management  cyber  cybersecurity  data security  technology 

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Contact Us

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New York, NY 10271

212. 964. 3701

info@nyslta.org

Our Mission

The New York State Land Title Association, Inc. advances the common interests of all those engaged in the business of abstracting, examining, insuring titles, and otherwise facilitating real estate transactions. The Association promotes the business and general welfare of its Members and protects real property title holders’ ownership rights.