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A Big Step Forward in NYSLTA's Legislative Advocacy – Payoff Letters

Posted By Robert Treuber, Monday, January 27, 2025

A2739

NYS Assembly Member Cruz introduced a bill, A2739, this week.

 

The bill, if it becomes law, will regulate the business practices of mortgage pay-off servicers and mortgagees as it pertains to payment acceptance.


This measure originated with the NYSLTA. We met with Assembly Member Cruz to present the problem of pay-off servicers destroying bank checks, blocking our ability to contact the services for remedy and other problems for title companies and their clients.


The result of such practices created interest windfalls for lenders, the risk of foreclosure by sellers and purchasers, and delays in remedying a payoff due to improper lender notification.


Our Greenberg-Traurig consultants and the Advocacy Committee drafted sample language that is presented in this bill.


Conversations are being held to find a Senate sponsor to introduce a "same-as" bill in the State Senate..

What does the bill say?

 If payment is received at the location and in the manner specified by the mortgagee:


  • The pay-off servicer / the mortgagee must accept and may not return or destroy any payment received in reliance on a payoff statement;


  • The pay-off servicer / the mortgagee must promptly apply such payment to the unpaid principal, interest or any other amounts due under the mortgage.


Failure to comply results in fines to the mortgagee.

Why is this important?

  • Title companies would now have the force of law and the remedy of escalating fines to correct pay-off servicer business practices.


  • This bill is a milestone for NYSLTA, as it is the first time we have proposed a legislative cure for a title industry problem.


  • By first strategically presenting this issue to the DFS Banking Division and Insurance Division and gaining their understanding of the problem, we are positioned to have the regulator's acknowledgement for the need to cure when queried by the legislative staff.

.

  • The NYSLTA furthers its credentials as a consumer advocate.

How did we get here?

After several title agents reported problems with pay-off services, the NYSLTA began outreach in 2019 and succeeded in arranging meetings with senior executives at SPS. Although solutions and changes in their business practices were discussed and promised, the change never came about.


We continued to seek corrections with payoff-servicers. We had a series of email and ZOOM communications with the Mr. Cooper company. Small improvements were accomplished but the problems persisted industry-wide.


In 2023, the NYSLTA Advocacy Committee met with the DFS Banking Division to alert them to these issues. In 2024, our DFS Consultant at Greenberg-Traurig addressed the problems with pay-off servicers and other title insurance issues with the DFS Insurance Division.


Late in 2024, the NYSLTA discussed this issue with Assembly Member Catalina Cruz, who expressed interest in helping us. Working with our lobbyists at Greenberg-Traurig, the Advocacy Committee outlined a legislative measure which Assembly Member Cruz and her staff turned into the bill attached to this email.

Next steps

  1. We will work with a member of the Senate to introduce a senate version of the bill.
  2. Make sure your TAN membership is current. Go HERE to check or sign-up.
  3. Respond to TAN alerts. It is the easiest way for you to tell your representatives WHY this bill is important.
  4. Read NYSLTA email for updates and check the Newsblog on the NYSLTA website.

Tags:  Catalina Cruz  mortgage pay-off  mortgage servicers  mortgagee  NYS Assembly 

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Bills Signed by Governor Hochul

Posted By Robert Treuber, Monday, March 21, 2022

The following bills have been signed by the Governor.

 

S7698 / A8854

Relates to complaints served in a proceeding initiated on a residential mortgage covering a one to four family dwelling. (RPAP L. mortgage foreclosures)

 

S7797 / A8725

Defines the term property/casualty insurance and provides for the electronic delivery of a policy notice or document by an insurer to a party who consents to such delivery.

(Ins. electronic delivery notices)

Tags:  Chaptered bills  NY Senate  NYS Assembly 

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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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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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Two Days in Albany - March 20 & 21

Posted By Robert Treuber, Thursday, March 15, 2018
Updated: Thursday, March 15, 2018

 

[Note - this blog post was issued as an email blast on 3-15-2018]

 

The Two Days in Albany

That Can Make All the Difference

 
In a few weeks, the State Budget will be finalized.
The Senate has included title industry concerns in their budget, now we need the Assembly to put the title industry provisions in the final enacted budget.
 
We are asking every title professional - agents, abstractrers, underwriter counsels and agency reps, closers, service companies - to spend a few hours on one day to personally ask their State Assembly Member to include the Seward-Cahill and Golden- Abbate bills in their final budget.
 
Tuesday March 20th and Wednesday March 21st
Face to face lobbying to stop the disaster of Regulation 208
 
NYSLTA is organizing this effort but this is EVERYONE'S concern. Members and non-members are urged to participate.
 
The details and the sign-up for this urgent effort are on the NYSLTA Member web site. Its free and it is few hours in Albany that could make all the difference for the industry that provide
s your livelihood.

 

CLICK HERE TO REGISTER


Tags:  advocacy  DFS  NYS Assembly  Reg 208  Regulations 

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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.