make a habit of staying informed -...

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do in our spare time, it’s something we must make a priority. As a member of ALTA and/or NJLTA your ability to stay informed is greatly enhanced. Both Associations’ websites and publications contain articles, bulletins and links covering all the latest news affecting our industry. Make the time to become an active member of ALTA and NJLTA. Staying informed requires some sacrifice and effort but it is the only way we retain our status as the experts and facilitators of the real estate transaction. “To achieve success, whatever the job we have, we must pay a price for success. It’s like anything worthwhile. It has a price. You have to pay the price to win and you have to pay the price to get to the point where success is possible. Most important, you must pay the price to stay there. Success is not a “some- times” thing. In other words, you don’t do what is right once in a while, but all the time. Success is a habit. Winning is a habit. - - - Unfortunately so is losing”. Vince Lombardi Make a Habit of Staying Informed By:Gary M. Ham, NJLTA President The The New Jersey Land Title Association IN THIS ISSUE: December 2002 Volume XIV, Issue 4 President’s Message . .1 Proper Documentation is the Key to Remaining Secure About Your Security . . . . . . . . . . .3 Insurance Producer Regulations Have Changed . . . . . . . . . . .5 Interview with David Ewan . . . . . . . .7 These are very busy times for our industry. Busy in terms of order counts and closings, but also in terms of technological advances and changes in the laws under which we operate. Dealing with the order counts and pushing the work out the door, while nerve-wracking and sometimes frustrating, is easy compared to keeping up with e-commerce, joint ventures, predatory lending laws, alternate title insurance products and RESPA reform. Life isn’t so simple anymore. While managing our daily operations is certainly a prime concern, staying informed of all the outside factors that affect the way we do business now and in the future is critical. Granted, there are only so many hours in the day, but we must make time to comprehend and adapt to our changing environment. The proposed RESPA reform represents arguably the most significant potential impact on our residential market in recent memory. Yet how many of us have read HUD’s Proposed Rules (67 Federal Register 49134; July 29, 2002)? Staying informed is not something we Wishing all our members and friends a Happy Holiday Season and a Healthy, Prosperous and Peace filled New Year!

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do in our spare time, it’s something we mustmake a priority. As a member of ALTA and/orNJLTA your ability to stay informed is greatlyenhanced. Both Associations’ websites and publications contain articles, bulletins and linkscovering all the latest news affecting our industry.Make the time to become an active member ofALTA and NJLTA.

Staying informed requires some sacrifice andeffort but it is the only way we retain our statusas the experts and facilitators of the real estatetransaction.

“To achieve success, whatever the job wehave, we must pay a price for success. It’s likeanything worthwhile. It has a price. You haveto pay the price to win and you have to paythe price to get to the point where success ispossible. Most important, you must pay theprice to stay there. Success is not a “some-times” thing. In other words, you don’t dowhat is right once in a while, but all the time.Success is a habit. Winning is a habit. - - -Unfortunately so is losing”.

Vince Lombardi

Make a Habit of Staying Informed

By:Gary M. Ham, NJLTA President

TheThe

New Jersey Land Title Association

IN THIS ISSUE:

December 2002Volume XIV, Issue 4

President’s Message . .1

Proper Documentationis the Key to RemainingSecure About YourSecurity . . . . . . . . . . .3

Insurance ProducerRegulations HaveChanged . . . . . . . . . . .5

Interview with David Ewan . . . . . . . .7

These are very busy times for our industry. Busyin terms of order counts and closings, but also interms of technological advances and changes inthe laws under which we operate.

Dealing with the order counts and pushing thework out the door, while nerve-wracking andsometimes frustrating, is easy compared to keeping up with e-commerce, joint ventures,predatory lending laws, alternate title insuranceproducts and RESPA reform. Life isn’t so simple anymore.

While managing our daily operations is certainlya prime concern, staying informed of all the outside factors that affect the way we do businessnow and in the future is critical. Granted, thereare only so many hours in the day, but we mustmake time to comprehend and adapt to ourchanging environment.

The proposed RESPA reform representsarguably the most significant potential impacton our residential market in recent memory. Yet how many of us have read HUD’s ProposedRules (67 Federal Register 49134; July 29,2002)? Staying informed is not something we

Wishing all our members and friends

a Happy Holiday Season and

a Healthy, Prosperous and

Peace filled New Year!

7continued on page 8

At Current Status, Inc. we make it our business to provide youwith a valuable commodity –INFORMATION.

We have helped over 90% of the title industry maintain their competitive edge.

Our new interactive Web sitegives our clients the ability toorder our products as well asaccess the most current propertydata and tax maps available.

Log on today and see why for 15 years we have been the titleindustry’s #1 resource for property research in New Jerseyand now Pennsylvania.

Where information and technology come together.

141 Market St., Suite One, Kenilworth, NJ 07033

1-800-477-8288www.currentstatus.com

Who the industry looks to

3

Proper Documentation is the Key to Remaining SecureAbout Your Security

By: Lawrence H. Wertheim, Esq.*

Before filing a foreclosure action, mortgage companies must be comfortable that its mortgage documents were properly notarized. Before a title company insures title, it should havethe same concern.

In a recent foreclosure action, instituted by AmeriquestMortgage Company (“Ameriquest”), against Defendants Ervin Smart, Jr. and Michele Smart, Ameriquest asserted thatMichele and Ervin Smart executed a mortgage note (“Note”).To secure payment of the Note, Ameriquest asserted that theSmarts executed a mortgage on their property (the“Mortgage”). Installments of the principal and interest weredue on the first day of every month and payments on the Notebegan and were paid for nine months.

A problem arose when Ervin Smart claimed that the Note andMortgage were all forgeries and demanded cancellation of thedocuments. Ameriquest claimed that Ervin Smart’s signatureon these documents was notarized and he ratified the Note byreceiving the benefits thereof.

The facts established at trial were that on October 16, 1998, a woman representing herself to be Michele Smart and a manrepresenting himself to be Ervin Smart, Jr. executed a Noteand a mortgage on their residence. The closing took place atthe couple’s home. The Mortgage was appropriately recordedin the County Clerk’s office on October 26, 1998. Prior toexecuting the mortgage, the defendants had a home appraisalperformed on the residence. This appraisal occurred onOctober 6, 1998, and a written report, also dated October 6,1998, was issued. Ervin Smart was present at the appraisal,spoke to the appraiser, paid for the appraisal and received andreviewed a copy of the appraisal report shortly after theappraisal was done.

From August 1, 1999 onward no payment was made on theNote. The Complaint was filed on January 9, 2001, and Ervin Smart filed his Answer, Defenses, Crossclaim andCounterclaim on February 12, 2001. On May 17, 2001,default was entered against co-defendant Michele Smart.Mrs. Smart did not testify at the trial. In his Answer, ErvinSmart alleged that the signatures appearing on the Note andMortgage were forgeries and not his signature. Smart filed aCounterclaim against Ameriquest alleging that Ameriquestfailed to make a proper identification check on the individualssigning the Note and Mortgage and thus acted negligently,carelessly and recklessly.

Ameriquest was successful in obtaining summary judgmentdismissing the affirmative claim for damages. In New Jersey,there is a strong presumption that a notarized document isvalid. “A certificate of acknowledgment made by a duly authorized officer is regarded as prima facie evidence that theperson therein named executed the instrument to which it isattached as his voluntary act and deed.” Dencer v. Erb, 142N.J. Eq. 426 (Ch. 1948). The statements contained in the

acknowledgment may be shown to be untrue. Dencer, 142N.J. Eq. at 426. To establish its falsity and overcome thestrong presumption of its integrity, the proof must be clear,satisfactory, and convincing. Id.

In an attempt to establish Ameriquest’s negligence, Smart provided a transcript of an adversarial proceeding beforeanother judge as its sole proof that the notary was negligent inperforming the closing. In the transcript, Michele Smart firstdenied, then apparently admitted to forging Smart’s name onthe mortgage application. Michele Smart also stated thatSmart knew of the mortgage and that she was signing hisname to the application.

Facts in the record, including Smart’s own deposition testimony, did not support Smart’s counterclaim. If anything,the record established Smart’s knowledge and acquiescence tothe note and mortgage, i.e. he: (1) knew an appraiser came tohis home; (2) spoke with the appraiser; (3) paid the appraiser$200; (4) received the appraisal report in October 1998; and(5) had spoken to his wife about refinancing and aboutappraising the house. The appraisal even stated on its coverpage that it was being performed for Ameriquest and on the first page of text states the purpose of the report was for refinance. Given this testimony the only reasonable conclusionthat could be drawn was that even if he did not sign the document, he knew or should have known about it. Puttingthis in the best light for Smart, by failing to act to prevent themortgage and note from being effectuated, Smart caused hisproperty to become encumbered. Thus he had no affirmativecause of action against Ameriquest.

In addition, Smart did not provide any evidence of damagessustained as a result of having his property encumbered otherthan his counsel fees and costs. New Jersey Court Rule 4:42-9lists actions for which counsel fees are allowable. The Ruleprovides that “[n]o fee for legal services shall be allowed in the taxed costs or otherwise, except. . .” certain enumeratedexceptions. R. 4:42-9(a). The rule lists seven exceptions to the general rule and provides that legal fees are allowed wherepermitted by statute. Id. The purpose of the rule was tomemorialize the general American rule that attorney’s fees are not allowed to the prevailing party in litigation except asexpressly provided by law. See Collective Federal Sav. & LoanAss’n v. Toland, 207 N.J. Super 157 (Ch. Div. 1985).

New Jersey case law supports the proposition that, althoughattorneys’ fees are not ordinarily included as damages in afraud action, one who is forced into litigation with a thirdparty as a result of another’s fraud may recover from the tortfeasor the expense of that litigation, including counsel fees,as damages flowing from the tort. Dorofee v. Planning Bd. ofPennsauken Tp., 187 N.J. Super. 141, 144 (App. Div. 1982).The court agreed and dismissed the Counterclaim. This leftAmeriquest to defend the forgery claim at trial to see if it wasentitled to foreclosure on the property.continued on page 4

4

Proper Documentation is the Key to Remaining SecureAbout Your Security (continued)

Although the title company successfully defended the forgeryclaim, title companies should require mortgage companies toadhere to more stringent controls. As a matter of law, a notaryis a public officer and, as such, he/she owes a duty to the public to discharge his/her functions with diligence. SeeImmerman v. Ostertag, 83 N.J. Super. 364, 369 (App. Div.1964). With respect to the identities of signers, the lawrequires nothing more of the notary than the use of a [sic] reasonable care to satisfy himself or, in other words, to becomesatisfied in his own conscience that the signers are the personsthey purport to be. Id.; see, In re H.C., Jr., 81 N.J. Eq. 8, 15(Ch. 1912); Smiley v. Hanna, 94 N.J. Eq. 573, 582 (Ch.1923). Acknowledgment-taking officers are held to no higherstandard than that of ordinary mankind. Id. at 371. Stilladherence to tighten controls cuts down on costly litigation.

Here an Ameriquest employee (referred to herein as “thenotary”) went to the Smarts’ residence on October 16, 1998,to close the mortgage on the property. The notary was met atthe residence by a woman representing herself to be MicheleSmart and a man representing himself to be Ervin Smart, Jr.The closing was done during lunch time so Michele Smartcould attend during her lunch break and Ervin Smart couldreturn to the store he owned after the closing. For identifica-tion verification, the notary copied Michele Smart’s driver’slicense and social security information on the Ameriquest I.D.Verification Form. Ervin Smart stated that he did not have adriver’s license, passport or work identification for verificationpurposes. Therefore, the notary requested Mr. Smart’s socialsecurity card and a picture identification for verification purposes. Mr. Smart claimed at trial that he did not have aphoto identification. Upon cross-examination it was elicitedthat he had an old employee photo identification card that hehad used on other occasions.

The notary witnessed the woman representing herself to beMichele Smart and the man representing himself to be ErvinSmart, Jr. sign the mortgage documents. The notary thennotarized the documents. The court found all of these facts tohave occurred and held that there is a presumption in the lawthat when something is notarized it is presumed valid unless it is overcome with evidence that is clear, satisfactory and convincing.

Mr. Smart testified that he did not sign the subject documents.Based on a number of inconsistencies in his testimony, whichwere brought out on cross-examination, the court did not findMr. Smart’s testimony to be credible.

Mr. Smart retained the services of a nationally renowned and experienced handwriting expert who opined that the signatures on the subject documents were totally dissimilarfrom the “control documents” he reviewed. The court wasincredulous by the fact brought out on cross examination thatthe undoubtedly experienced expert never verified that thecontrol signatures were actually signed by Erwin Smart, whichthe court found fatal to the expert’s opinion.

Ameriquest also argued that Ervin Smart ratified the Mortgageand Note by his course of conduct and by receiving the benefitsof the Mortgage and Note. Ratification requires intent to ratifyplus full knowledge of all material facts. Thermo ContractingCorp. v. Bank of N. J., 69 N.J. 352, 361 (N.J. 1976), Passaic-Bergen Lumber Co. v. U. S. Trust Co., 110 N.J.L. 315 (E.&A.1933). Ratification may be expressed or implied, and intent may be inferred from the failure to repudiate anunauthorized act. Thermo Contracting Corp. 69 N.J. at 361,East Orange v. Bd. of Water Commissioners of East Orange,73 N.J. Super. 440 (Law Div. 1962), aff’d 40 N.J. 334 (1963).Ratification may also arise from inaction or from conduct onthe part of the principal that is inconsistent with any otherposition then intent to adopt the act. Thermo ContractingCorp. at 361. Smart acknowledged having discussions with hiswife about financing, was present at the home appraisal, spoketo the appraiser, paid $200 for the appraisal, received a copy ofthe appraisal report, and then, according to him, purportedlychanged his mind about financing the house.

Mr. Smart testified that Michele Smart had signed his name to18 checks that he knew about and never alerted the bank. Inaddition, as the court found, proceeds of the mortgage loanwent to pay off debt for which Mr. Smart was responsible. Itwas clear from the facts in this case that even if Ervin Smartdid not sign the Note and Mortgage, he knew about the Noteand Mortgage and ratified its existence by his course of conductand lack of reasonable care. For all of these reasons, the courtfound for the mortgage company and allowed the foreclosureto proceed.

The lesson for mortgage companies is to ensure that properprotocol is followed at all closings and that all steps are properlydocumented. The lesson for title companies is to review carefully the protocols employed and to verify that the protocolsare being properly followed. This time the mortgage companysucceeded. Hopefully, by following appropriate protocol,another litigation, along with the cost and uncertainty thereof,can be avoided. ■

*Lawrence H. Wertheim is a partner at Greenbaum, Rowe, Smith, Ravin,Davis & Himmel LLP and a member of the Litigation Department. Mr. Wertheim concentrates his practice in commercial litigation, with a particular emphasis on restrictive covenant litigation, real estate disputes,community association litigation, franchise law, consumer law, and generalbusiness disputes.

On the Move

By: Cindy CarlamereMaureen CrowleyUnsinn, CTPFidelity National Title Insurance company has moved itsAgency Section from 100 Apple Street, Tinton Falls, NJ toTwo Paragon Way, Suite 400B, Freehold, NJ 07728.

To make this column useful, it is important that you, the reader,keep us informed of relevant news so that we can publish it.Please submit items to Frank Melchior at [email protected], if you prefer, by fax to (973) 331-9099. ■

5

10. In the event a producer becomes disabled or dies, a temporary license for 180 days has again been made available. This period may not be extended nor renewed.

11. Courses taken during the current licensing cycle and taken prior to 1/1/04 will count for the credits for which they were approved, even if more than 1 credit per class room hour.

12. New classes being approved will earn one credit per class room hour and all previously approved classes must be re-approved no later than 12/31/03.

13. No course may be approved to have less than 2 credits nor more than 24 credits.

14. There will be reciprocity (with minor exceptions), for continuing education credits, for courses approved by other (resident) states which have reciprocity with NJ.

15. Many of the new and revised licensing requirements will bephased in so that the producer will have a “full” licensing cycle to comply. In other words, the removal of attorney exemption, the course requirements, etc. will become effective for the period commencing at the next license renewal.

The Department (“DOBI”) has established a web site: www.njdobi.org which leads directly to a page specifically for producers (http://www.njdobi.org/producers.shtml). This sitewill become more important to you as time goes by as DOBIplans to renew licenses electronically starting sometime in thefirst half of next year and information and forms will be onthat site (not there as yet). You should regularly check this site.

Your underwriter has e-mail addresses, telephone and fax numbers for persons at DOBI who can assist in case of problemsduring the transition. If you should encounter a problem,please let them know. They may already have an answer toyour question and, if not, can either forward the question orgive you the appropriate addresses & numbers.

All educational requirements which have been amended (suchas requiring line specific classes) will not affect the Producer’scurrent license cycle but become effective on the next completelicensing cycle.

For those who may be interested, the original proposal for thechanges can be found at http://www.njdobi.org/pn02_207.htm ■

Insurance Producer Regulations Have Changed

The New Jersey Department of Banking and Insurance(“DOBI”) has, pursuant to a need created by the (federal)Gramm-Leach-Bliley Act, changed the insurance producer regulations (the changes may be found on the internet at http://www.state.nj.us/dobi/proposed/adprod02.pdf; the complete compiled regulations will not be available until (estimated) the middle of December.)

The changes became effective on November 4th. The principalchanges affecting you, as a title insurance producer, may be summarized as follows:

1. Continuing education credits will be earned on the basis ofone credit for each 50 minute class period, not on the basisof the level of the course. Thus a three hour course will only earn three credits.

2. Of the required 48 hours of continuing education credit required for license renewal, at least 6 hours must be on courses qualified as being on insurance fraud and ethics or other related matters as the Commissioner may prescribe.

3. For title producers, at least 24 hours of continuing education must be in title insurance subjects.

4. Provision is made to permit some “inter-active” or “self-instructed” courses (which have not been further described) approved by the Commissioner.

5. The New Jersey Attorney exemption from continuing education is terminated.

6. All new (not renewal) license applications will require fingerprint checks ($49).

7. Producers living in OR having an office in NJ were previously required to be “resident” producers. On renewal, the producer may elect whether the residence or office location state will be resident (unless, of course, you have both an office & residence in NJ, in which case you are a “resident” producer).

8. Previously a branch office required a “permanently assigned” licensed producer. This has been changed to “having a licensed producer present” [emphasis added].

9. The fee for late renewal applications has been raised from $50 to $100.

Accu Search would like to thank all of our good

friends and clients for a wonderful year!

You inspire us to be our best...

May your holidays be happy and full of cheer!

Seasons Greetings to you and yours,

and all your friends at

-

Phil, Clyde, Laurel

“Should auld

acquaintance be

forgot and never

brought to mind?”

7

Interview with David Ewan

Following a nationwide search the New Jersey Land TitleAssociation retained David Ewan of Haddonfield, New Jerseyas its Recording Practices Consultant. On October 29th, at ameeting of the Association’s Recording Practices Committee,with whom he will be working most closely, Dave answeredsome questions about himself and the project for which he hasbeen retained.

First, tell us about yourself and your background.

I am a New Jersey resident, and have been all of my life. New Jersey’s public school system provided my primary andsecondary education, and despite some of the negative publicitysurrounding public schools, did a pretty good job. I have aBachelor of Arts degree from Dickinson College in Carlisle,PA which was chartered in 1783 and was the first college chartered in the newly independent United States. My majorwas History and my minor was Computer Science. While an undergraduate, I worked for the Computer ScienceDepartment as a programmer/consultant and teaching assistant.

After graduation from college, I worked for the New JerseyDepartment of Environmental Protection and then for PublicService Electric and Gas Company. Both of these positionsexposed me to statutory and regulatory schemes, which Ifound oddly interesting. I found them so interesting that Idecided to go to law school. I attended Rutgers School of Lawin Camden, NJ and was graduated with High Honors in Mayof 1991. I am admitted to practice as an attorney in fourstates: New Jersey, Pennsylvania, Florida, and Colorado.

My work after being admitted to practice in New Jersey waswith a private law firm. There, I developed a penchant for real estate law, and eventually confined myself to that area ofpractice alone. I practiced real estate law for ten years. Whilepracticing law, I also developed my other interest in computerscience by designing and implementing the firm’s automateddocument assembly, case tracking, and conflict checking software.

My interest in computer technology has always competed withmy interest in law. Just over one year ago, I stopped the activepractice of law to pursue more interests in advanced computertechnology. I am a Microsoft Certified Systems Engineer onthe Windows 2000 operating system. I have always had aninterest in combining advanced computer technology in legalareas. This combined interest resulted in my proposal for theNJLTA’s investigation of the future of recording practices.

Describe the project for which the NJLTA has retainedyou.

Broadly speaking, the NJLTA is concerned about the impactof computer technology on New Jersey’s land title records.More specifically, the NJLTA has noted a distinct move favoring and advocating “paperless” real estate closings. Theprimary advocates of such paperless closings are Fannie Maeand Freddie Mac. Along with the paperless closing concept,the NJLTA has registered concern about the current lack

of uniformity in New Jersey’s twenty-one counties whenimplementing more modern methods of recording. The lackof uniformity has caused much confusion, and in some counties a recording backlog in the land title records.

The broad goals of the project are to understand how technology can be used to achieve paperless closings, to addressthe apparent lack of uniformity and to formulate and advocateeffective and achievable solutions to the challenges presentedby advancing technology. Bearing in mind that the NJLTA isa very proactive organization, whatever solutions are proposedmust be adequately suited to foreseeable future needs as well.

What are your goals, both short term and long term forthis project?

My short-term goal is to examine the current state of affairs ineach of New Jersey’s counties. As is quite evident to peopleemployed in the title insurance industry in New Jersey, somecounties currently do a good job of recording land records,while others do not do as well. Just from this brief statement,it becomes clear that some methods and systems work whileothers do not. We need to identify those methods, practices,and systems that work well (so they can be capitalized upon),and also those that do not (so they can be avoided).

The long term goal for this project is to formulate and advocatea land record system that will utilize technological solutions,will comply with Fannie Mae’s and Freddie Mac’s vision ofpaperless closings, and will serve the industry and the State formany years to come.

What steps will you be taking to accomplish those goals?

Preliminarily, I will need to visit each of the twenty-one counties to examine their current recording practices.Through this type of data collection in each of the counties,the NJLTA can then have an accurate snapshot of the currentstate of affairs in the counties. I am a firm believer in theadage that you need to know where you are before you decidewhere you are going.

Part of knowing where you are also demands that you examineother jurisdictions and the land title systems they have inplace. While the first part of the project will compare countyto county within New Jersey, we also need to see where NewJersey currently fits in the overall scheme of land title systemsnationally. To accomplish this goal, I will visit jurisdictionsthat may appear to be more advanced than New Jersey to seewhat they have determined works for them (and also to determine whether they have tried a system which has failed).

The next phase of the project will be to assess what technologycan be brought to bear on a system of land title records. Forthis phase, two aspects will be addressed: (1) what technologycan be utilized; and (2) what technology would be feasible toimplement.

continued on page 8

8

Interview with David Ewan (continued)

The last phase of the project will be geared to the future stateof the land title system. In this phase, a set of uniform stan-dards and best practices utilizing the technology identified willbe formulated. It is my hope that advocacy for such a systemwill result in a test or pilot program where any deficiencieswhich have not been addressed in the proposal or demonstra-tion can be identified and cured. The final goal of the projectis the advocacy of the statewide implementation of a techno-logically advanced land title system which adheres to uniformstandards and employs best practices.

Can the title insurance industry influence the way thatCounty Clerks and Recorders accomplish the recordingand retention of land records?

I believe that the answer to this question is an unqualified“yes.” Having said that, I must note that the method of influ-ence is paramount. While the industry has many methodsavailable to it to influence the Clerks and Recorders, a cooper-ative effort or an effort that is in the best interest of allinvolved will succeed while others may falter and fail. Theindustry cannot ask the Clerks and Recorders to do somethingthat is perceived by the Clerks and Recorders as “impossible.”It is in this realm that the first phase of this project will proveuseful. By knowing what works in some counties and whatdoes not work in some counties, the industry will be able toexert its influence in an area and in a direction that the Clerksand Recorders will more readily accept. Additional dialogueand networking with the Clerks and Recorders developedwhile completing the first phase of the project should alsoresult in a positive image of the industry.

Looking into the future, what do you think recording sys-tems in New Jersey will look like?

Most likely, two years from now, the recording systems inNew Jersey will be similar to those currently in place. Sinceone of the shorter-term goals is to address the lack of unifor-mity among the counties, I believe that two to three yearsfrom now the counties will be moving toward a more uniformsystem.

Five years in the future, however, I believe that the “recording”system will no longer exist, having been supplanted by a “landtitle system” based not upon paper documents such as deedsand mortgages, but upon paperless/electronic transactions.Just as many mortgage companies have replaced paper mort-gage checks with electronic wires, and just as many of us asconsumers have switched from paper-based checks and creditcard bills to “online” electronic banking and automatic elec-tronic payment, the land title system will need to shift frompaper-based documents and the associated need to record andpreserve them to an electronic form of title transfer, lien cre-ation, and record retention.

What can NJLTA members and people employed in thetitle insurance industry do to help assure that this projectis a success?

A one-word answer immediately springs to mind: share. TheNJLTA members and people in the title insurance industrycan assure the success of this project by sharing information.The more constructive dialogue that takes place, the more wecan learn by what others have done or have tried to do. Iencourage everyone to contact me if they have any informa-tion they feel might be useful in this project. I’m particularlyinterested in any “war stories” concerning land title recording,since these often show just how far astray something can godespite the safeguards incorporated into the system. As youmight imagine, I prefer emails or faxes of information, sincethese are already in electronic form or easily converted to elec-tronic form for distribution and retention. My email addressis [email protected] and my fax number is 856-616-9269.Both are in service 24 hours a day, seven days a week.

Thank you, Dave! We look forward to working with you. ■

The Association wishes to welcome the following new Agency Members:

INFINITY TITLE AGENCY, INC., Maple Shade, NJ (Delegate: Jean Temple)

STATE TITLE AGENCY, LLC, Union, NJ (Delegate: Gary Pfitzenmayer)

R & G TITLE AGENCY, INC., Rochelle Park, NJ (Delegate: Rosina Romano)

VENTURE TITLE AGENCY, LLC, Springfield, NJ (Delegate: Jamie Wechsler)

ALLEGIANCE TITLE AGENCY, LLC, Clark, NJ (Delegate: Rocco Joseph Mazza)

ALLIANCE TITLE AGENCY, Freehold, NJ (Delegate: Donald W. Barrett)

YHD SETTLEMENT SERVICES, INC, d/b/a SafeguardTitle Agency, West Long Branch, NJ (Delegate: Joy Jackson)

The Association also wished to welcome the following Affiliate Members:

ABSTRACT MANAGEMENT & SETTLEMENTS,Ambler, PA (Delegate: Robert P. Treftz)

SCOTT W. FROGGATT, ALTP, Southhampton, PA (Delegate: Scott W. Froggatt)

Welcome

9

that something must be done. Yet HUD appears not to havegone out of its own offices to determine what the problems are or how to correct them. It has assumed that the closingpractices in the Metro DC area are the same throughout thecountry. It is not identifying where borrowers feel they arebeing misled and/or overcharged. Wouldn’t it be wonderful if HUD sent representatives to some of the Land TitleAssociations’ conventions to discuss the problems and fieldpotential solutions to some of these vexing issues with peopledirectly involved in the industry.

ALTA ConventionThe over-riding topic at the convention, held this year in Palm Beach, was RESPA revisions. Everyone has been urgedto write to HUD to express our disappointment in the proposed changes to RESPA. There were, however, otheritems presented at the convention.

While eclipsed by RESPA, the Radian Lien ProtectionProduct received great attention. The State of Californiadeclared that it is a title insurance product. The State alsoprohibited Radian from transacting any other class of insurance, in or out of the State, as it is a violation of itsmono-line insurance producer restrictions. It is expected that Radian will appeal. While the battle appears to have gone in favor of the title industry, the war is not over.

On the technology side, five years ago there were fewWindows based software systems; today all of them are. Alsotheir functionality has grown dramatically. Nearly all offer anInternet portal for transferring documents and information.Scanning has become an integral part of every decent softwarepackage, along with the electronic faxing of documents.While the number of vendors was not great, it gave a goodforetaste of what will be shown at the next Title Tech exposition.

InducementsAs you may recall a letter was sent to the Department ofBanking and Insurance in October of 2001 requesting clarification as to the permissibility of a certain practice.Although the letter was sent via overnight mail theDepartment disavowed ever receiving the letter at a meetingwith the Liaison Committee in December 2001. TheCommittee provided a copy of the letter to the Departmentwhich stated that it would respond.

In March of 2002 the letter was resent to the Department. InApril the Department responded that it was looking into thematter and would issue a reply soon.

In late October 2002, Eileen Costello of the Department verbally informed me that the State would not be giving awritten reply to our letter. Instead the DOBI was preparing a booklet/paper on inducements. The date of publication/distribution is not known.

RESPASecretary Martinez of the Department of Housing and UrbanDevelopment has issued proposed changes to RESPA. Themost contentious section deals with the Guaranteed MortgagePackage. The GMP permits any vendor to offer a packagethat includes all settlement services along with a guaranteedinterest rate. Because of the guaranteed interest rate this proposal realistically is only open to lenders, placing them incontrol of the transaction. It also permits a safe harbor fromSection 8 of RESPA (referral fees) and negotiation of settlementservice providers’ charges. How this will interact with Stateregulations is unspecified.

One has to admire HUD for trying to protect the consumerfrom unscrupulous practices. Anyone who has contacted borrowers to tell them that they need to bring $3,600 to theclosing only to hear them say, “This is a no cost loan,” knows

The Agency Section

By: Michael Kehoe, Chairman

ASK THE EXPERTQ: I am conducting settlements on behalf of the title insurance agency I work for and have had conflicting advice as tohow to handle Notary fees when filling out the HUD-1 Settlement Statement. What should I do?

A: RESPA requires that full disclosure is made on the HUD-1 (or HUD-1A) Settlement Statement as to all feescharged and to whom they are paid at settlement. Thus it is proper to show the Notary as receiving the Notary Fees. If,on the other hand, the fees are disbursed to the title agency, they must be shown as the payee (which raises questions as tohow the agency can be a Notary and whether, possibly, they are violating one or more Department of Insurance andBanking regulations). Accordingly, it is suggested that the Notary fees be paid to the Notary directly out of the SettlementTrust Account.

This column welcomes inquiries from anyone in the industry and will respond to the best of the author’s (and theauthor’s friends) ability. This column does not constitute legal advice and the inquirer should, if there is any doubt, makefurther independent inquiry. Please address questions to [email protected]. All inquiries will be handled anonymously.

11

TEXT REFERENCES:New Jersey Title Law & PracticeFineberg, Handbook of New Jersey Title Practice, 2d Ed.

See NJLTI, belowBanks, mortgagees - where are they now?Kay, Directory (lender mergers & addresses)

(800) 345-0203Title Law Associates (Bill Hart’s web site)

http://www.titlelawannotated.comNew Jersey State Library

http://www.njstatelib.org/cyberdesk/

INDUSTRY ORGANIZATIONS:NJ Land Title Ass’n

www.njlta.orgAmerican Land Title Ass’n

www.alta.orgNJ Land Title Institute

www.njlti.orgTitle Abstracters Association of New Jersey

www.taanj.org.

INDUSTRY VENDORS:State Capitol and Abstract

www.statecapital.netCharles Jones LLC

www.charlesjones.comCurrent Status

www.currentstatus.comAccu-Search

www.accusearch.comState of New Jersey – Corporation Information

https://accessnet.state.nj.us/HIndex.aspThe Title Report

http://www.thetitlereport.com/

PEOPLE/ORGANIZATION (GENERALLY), LOCATEwww.anywho.comwww.infospace.comwww.infousa.com/homesite/index.htmlwww.switchboard.comwww.whowhere.lycos.com

reverse phone bookwww.555-1212.comwww.people.yahoo.com

zip codeswww.usps.gov

DECEDENTS (DEAD PEOPLE)ssdi.genealogy.rootsweb.com/cgi-bin/ssdi.cgi/ www.state.nj.us./health/vital/vital.htm

PUBLIC OFFICIALS, ALL STATES, RECORDING OFFICIALS, TAX ASSESSORS, ETC.www.netronline.com.http://www.zanatec.com/multiwin.htmlwww.njbarexams.org (for certificates of good standing for attorney insurance producer license renewals)

LEGAL RESEARCH:http://findlaw.comwww.njlawnet.comwww.law.cornell.eduHill Burton sites

http://www.hrsa.gov/osp/dfcr/obtain/HBSTATES.HTMNJ attorneys with disciplinary proceedings

http://www.cjnj.org/html/the_nj_bartender.html U.S.Code

http://uscode.house.gov/usc.htmState of NJ court system

http://www.judiciary.state.nj.usCongress on the Internet

http://thomas.loc.gov Dept of State page for getting docs abroad

http://www.state.gov/www/authenticate/index.html Uniform Laws and Model Acts

http://www.lawsource.com/also/usa.cgi?usmBankruptcy Court in New Jersey

http://www.njb.uscourts.govhttp://pacer.psc.uscourts.gov/pacerdesc.html

HUDhttp://www.hudclips.org/cgi/index.cgi

Directory of State licenseeshttp://www.state.nj.us/lps/ca/director.htm

NJ Dep’t Banking & Insurancehttp://www.state.nj.us/dobi/index.html

NJ Legislature (recent & pending bills)http://www.njleg.state.nj.us/

NJ Courtshttp://www.judiciary.state.nj.us/

US Codehttp://www4.law.cornell.edu/uscode/

Disciplinary cases re NJ Att’yshttp://www.cjnj.org/html/the_nj_bartender.html

Nat’l Conference Commis. Uniform Lawshttp://www.nccusl.org/

US Gov’t Printing Office (fed’l laws & bills)http://www.nccusl.org/

New Jersey League of Community and Savings Bankers (tracing former lending institutions)

http://www.njleague.com/BankMerge.htmLimited Liability Co & Ptnrship laws

http://c2.com/w2/bridges/LnetStatePagesNJ Judiciary information

http://www.judiciary.state.nj.us/resource.htmLaw resources

http://www.burlco.lib.nj.us/law/HUD

http://www.hudclips.org/cgi/index.cgi

LEGAL RESEARCH & MISC. USEFUL INFOhttp://findlaw.com/http://lawguru.com/http://www.lawresearch.com/http://www.access.gpo.gov/su_docs/aces/aaces002.htmlAmortization tables

http://ray.met.fsu.edu/cgi-bin/amortizewww.dictionary.com

Merriam-Webster dictionary & thesauruswww.m-w.com

LENDERS, LOCATE OR TRADE ORGANIZATIONS & BANKINGFederal Reserve Board

http://www.federalreserve.gov/Comptroller of the Currency

http://www.federalregister.com/hpage/cc.htmlFederal Financial Institutions Examination Council

http://www.ffiec.gov/Missing Assignment Database

http://wolffirm.com/assignment/Kay Directory

(www.payoffassist.com)Mortgage Bankers Ass’n

www.mbaa.orgFDIC site, to get histories of fed banks

www.ffiec.gov/nicwww3.fdic.gov/idasp//index.asp

Fed’l Reserve Bank Informationhttp://www.ffiec.gov/nic/default.htm

Mortgage Bankerswww.mbaa.org

NJ Savings Institutions, merger info forwww.njleague.com/BankMerge.htm www.payoffassist.com

Nehemiah Programwww.getdownpayment.com

Bank mergers ,NJwww.naic.org/nj/mergers.htm

MERSwww.mersinc.org/index1.htm

NY Banking infowww.banking.state.ny.us/history.htm

OTHER GOVERNMENTAL SITESState Department:

www.state.gov/>http://www.state.gov/Bureau of Consular Affairs:

www.travel.state.gov/>http://travel.state.gov/Links to Embassies:

www.travel.state.gov/links.html>http://travel.state.gov/links.htmlFederal Statistics

http://www.fedstats.gov/policy/access.htmlNational Archives and Records Administration

http://www.nara.gov/Social Security Death Information

http://ssdi.genealogy.rootsweb.com/cgi-bin/ssdi.cgiNJ Department of Archives and Records Management (DARM)

http://www.state.nj.us/state/darm/archives.htmlNJ Gateway to business service (business info)

https://accessnet.state.nj.us/web2/images/leftcut3.gifNJ Legislature

http://www.njleg.state.nj.us/DJ Vital Records

http://www.vitalrec.com/nj.htmlGeneral Information

http://www.infoplease.com/Ultimate directory

http://www.infospace.com/

SEARCH ENGINES & DEEP SEARCH SITES37.com

http://www.37.com/chubba

http://chubba.whatuseek.com/i/headline2-tips-on-using-chubba.gifDogpile

http://www.dogpile.com/index.gspFast

http://www.alltheweb.com/Google

http://www.google.com/Lycos

http://www.lycos.com/http://dir.lycos.com/reference/searchable_databaseswww.hotbot.lycos.comwww.alltheweb.comwww.kartoo.comwww.teoma.com

Webcrawlerhttp://web.webcrawler.com/d/search/p/webcrawler/

Yahoohttp://www.yahoo.com/http://www.invisibleweb.com/http://gwis2.circ.gwu.edu/%7egprice/direct.htmhttp://www.completeplanet.com/http://www.webdata.com/webdata.htmhttp://beta.profusion.com/http://infomine.ucr.edu/search.phtmlwww.wisenut.comwww.teoma.comwww.infomine.ucr.eduwww.rdn.ac.uk

Librarian’s Index to the Internetwww.lii.orgwww.metacrawler.comwww.surfwax.comwww.beaucoup.comwww.Qbsearch.comwww.researchivlle.comwww.excite.com

RESOURCES FOR REAL PROPERTY PRACTITIONERS(there is a possibility of some duplications; additional listings are always welcome)

12

of filing of the bankruptcy petition. The Furnival Machinery11

case held that the statutory mechanism for discharge was available only with respect to property acquired after dischargefrom bankruptcy. As a result of this decision, it is possible toeliminate certain liens, based on a successful application to the Superior Court under state law, or to the Bankruptcy Court,under Federal law, as discussed below. Before an applicationcan be made under State law,12 one (1) year must have elapsedsince the bankruptcy [sic] was discharged. Furthermore, theunderlying debt must have been discharged through the bankruptcy. This means that: (a) the debt or lien was scheduled; and (b) the debt was a dischargeable one.

Although most debts are dischargeable in bankruptcy, someare not. Non-dischargeable debts include, but are not limitedto: alimony, child support, unscheduled debts; student loans, wilful [sic] torts (e.g. fraud); taxes; etc.13

In order for such an application to be successful, the followingconditions must be met:

1) one (1) year has elapsed since the discharge of the bankrupt; and

2) the debt or lien was schedule in the bankruptcy petitions; and

3) the debt is dischargeable.

Many attorneys regard proceedings under N.J.S.A. 2A:16-49.1as a pointless formality. Since they do not understand that alien can still be viable despite a discharge in bankruptcy, theycertainly do not see the necessity for an application of thisnature. Nevertheless, it is a relatively simple and inexpensivemeans of clearing the record.

As suggested above, an alternative to a proceeding in SuperiorCourt is an application to the Bankruptcy Court. TheCourt’s ability to grant such relief is somewhat broader thanthat of the Superior Court under State law. Since the trusteeis given extensive powers under the Code to avoid certain liens or interest which affect the property of the estate, thesepowerful weapons may be used to avoid judgments or other

Possibly the single greatest misconception among lawyerstoday is the idea that a personal discharge in bankruptcy servesto discharge liens. The discharge of the debtor (or bankrupt)serves merely to discharge his or her personal obligation to paythe debt which the judgment or other lien secures; it does notaffect the lien itself.1 This is because the bankruptcy proceed-ing, ex proprio vigore, does not affect the nature and quality ofthe title of the debtor’s real estate. So if the debtor’s realty isburdened by certain liens or encumbrances at the time he filesa bankruptcy petition, and no affirmative action is taken toremove those liens or encumbrances during the course of the bankruptcy proceeding, the liens and encumbrances will stillexist at the time the case is concluded.2

It may be true that the lienholder may not enforce the lien byexecution against the debtor’s property, so long as the debtorowns it, because the creditor is prohibited by the terms of thedischarge from attempting to collect the debt from the discharged debtor.3 However, when the debtor sells property encumbered by the lien, the lienholder may be able to enforcethe lien against the purchaser.4 Accordingly, the mere fact thatseller in a given transaction has gone through a bankruptcy proceeding is an insufficient basis for counsel representing the purchaser to ignore such lines. Furthermore, title insurers will generally require that such liens be disposed of before agreeingto insure without exception.5

Despite the fact that the analysis set forth above is abundantly supported by case law,6 most practitioners seem to remainignorant of same, and continue to insist that the debtor’sbankruptcy discharge is all that is required to dispose of suchlines. Yet it is noteworthy that Section 524 of the BankruptcyCode was amended in 1984 so as to remove any confusion ofthis point.7 The question of whether a particular lien has been “schedule” (i.e. listed in the schedules which accompanythe bankruptcy petition) is therefore largely irrelevant for conveyancing or title insurance purposes.8

The rule of the Furnival Machinery 9 case was relaxed somewhatby the Appellate Division’s opinion in Associates CommercialCorp. v. Langston10 which held that a [former] debtor mayapply to the Superior Court for a discharge of a judgment lienentered against property owned by the debtor prior to the time

The Status of Liens Following a Debtor’s Discharge inBankruptcy: In Re Arevalo

By: Lawrence J. Fineberg, Esq.

8 See Fineberg, Handbook of N.J. Title Practice ‘2912 (1992).9 Note 6, supra.10236 N.J.Super. 236 (App.Div. 1989) certif. den. 118 N.J. 229 (1989)11Note 6, supra12N.J.S.A. 2A:16-49.11311 U.S.C. ‘ 523

1 11 U.S.C. ‘727(b). Dewsnupp v. Timm, 502 U.S. 410, 116 L.Ed. 2nd 903,112 S.Ct. 773 (1992).

2 Dewsnupp v. Timm, note 1, supra3 11 U.S.C.’524(a)4 In re Vitullo, 60 B.R.822 (U.S.Dist.Ct.D.N.J.1986)5 See Fineberg, Handbook of N.J.Title Practice, ‘’2911 et seq. (1992)6 See e.g., Furnival Machinery Co. v. King, 142 N.J.Super 251 (App. Div.1976);

Trend Mills v. Socher 4.R.465 (U.S.Dist. Ct., D.N.J.180); In re Vitullo,note 4, supra.

7 11 U.S.C.’524(a)(2), as amended, states that a discharge operates as aninjunction to prevent the recovery of a discharged debt [sic] as a personal liability of the debtor.

13

The Status of Liens Following a Debtor’s Discharge inBankruptcy: In Re Arevalo

By: Lawrence J. Fineberg, Esq.

Nevertheless, the Bankruptcy Court held that they were entitled to the exemptions, relying upon a United StatesSupreme Court decision,24 which provided that an improperly-claimed exemption is valid if there is no timely objection tosame.25 The next issue addressed by the Court was whether the judgment lien could be avoided under §522 (f) of theBankruptcy Code.26 Judge Gindin found that a debtor mayavoid a judicial lien on the interest of the debtor in the property.Thus, in order to fall within the parameters of §522, the debtors had to have some “equity” in the realty, i.e., the valueof the realty had to exceed the balances due on the mortgagesencumbering same. If not, the debtors have no interest in therealty to which the exemption may attach, and thus it may notbe claimed.27 Although the figures supplied in the bankruptcy petition suggested that the debtors did have equity in the realty, the Court noted that no one had objected to thetrustee’s notice of abandonment, which stated that no equity existed.28 Accordingly, Judge Gindin found that the judgment lien could not be avoided, because the debtors hadno equity. Therefore, the provisions of ‘522 could not beinvoked to assist them.29

While the holding in Arevalo did not permit the debtors toavoid the judgment line, based on the facts of the case, it doescontain helpful obiter dicta which may be useful in similar situations. The opinion also underscores the fact that, as ageneral rule, liens pass through bankruptcy unaffected. The careful practitioner would therefore do well to take heed of theholding in Arevalo, and the other cases cited herein, whenfaced with situation [sic] where the seller has been dischargedin bankruptcy. ■

Source: Lawrence J. Fineberg, Esq., in Title Talk, published byChicago Title Insurance Company, No. 23, Spring, 1993,reprinted from the Newsletter of the Real Property, Probate &Trust Law Section of the New Jersey State Bar Association, Vol.XXIII, No. 3 (Spring, 1993).8 Also reprinted in Real Property,Probate and Trust Law Section Newsletter, NJBA, Vol. XXIV,No. 3, Spring/Summer 1993. Reprinted with permission.

liens which encumber the debtor’s property. For example, thetrustee may avoid, inter alia:

• certain “preferences”, including within ninety (90) days (or, under certain circumstances, within one (1) year of the filing of the bankruptcy petition;14

• so-called “fraudulent transfers” made within one (1) year of the filing of the petition;15

• liens which impair the debtor’s $15,000.00 exemption;16

• certain liens through the use of his status as a hypothetical lien creditor whose execution has been returned unsatisfied,17 or his status as a bona fidepurchaser for value.18

Unfortunately, trustees in “residential” cases rarely exercisetheir avoidance powers. This may create problems in thefuture for the [former] debtor who seeks to convey, lease ormortgage his or her realty.

The [recent] decision of the United States Bankruptcy Courtfor the Distrait of New Jersey in re Arevalo19 discusses the ability of the Bankruptcy Court to assist a [former] debtorwhose property is encumbered by liens which survived the discharge. In that case, the debtors filed a Chapter 7 petitionon April 19, 1991, and received a discharge under §727 of theCode20 on October 15, 1991. In the interim, the trustee hadfiled a notice of proposed abandonment of certain realtyowned by the debtors, to which no objections were received.On the same day the debtors were discharged, they filed a motion seeking an order directing the Clerk of the SuperiorCourt to discharge a certain judgment, on the grounds that itimpaired their exemptions in the realty it encumbered.

After noting that “[a] discharge in bankruptcy, in and of itself,does not extinguish valid liens on property of a debtor”21 , theCourt suggested that a debtor could apply for relief undereither N.J.S.A. 2A:16-49.1 or under the Bankruptcy Code(even after discharge) to avoid a lien. Here, the debtors argued that the judgment impaired their exemptions under§522 of the Code.22 In fact, the exemptions had been improperly claimed in the bankruptcy petition, because the realty they owned was not “used as a residence”23.

2211 U.S.C. ‘5222311 U.S.C. ‘52224Taylor v. Freeland & Kronz, – U.S. – 112 S. Ct. 1644, 188 Ed. 2d 280

(1992).25Slip op. at 5-7.2611 U.S.C. ‘522 (f)27In re Simponson, 758 F. 2d 103 (3d Cir. 1985).28Slip op. at 9-10. The Court also cited Matter of Grube, 54 B.R. 655

(Bkrptcy Ct. D.N.J. 1985).29Slip. op. at 11.

1411 U.S.C. ‘547. Levitt v. Ingersoll Rand Financial Corp. (In re V.N. DepPrizioConstruction Corp.), 874 F.2d 1186 (7th Cir. 1989)

1511 U.S.C. ‘5481611 U.S.C. ‘522(f)1); Matter of Clifton, 35 B.R. 785 (Bkrptcy Ct., D.N.J.

1083). The amount of the exemption is $15,000; married debtors filing jointly can claim a total exemption of $30,000. 11 U.S.C. ‘522(d)(1)

1711 U.S.C. ‘544; Matter of Blease, 605 F. 2d 97 (rd Cir. 1979).1811 U.S.C. ‘544 Cf [former] Bankruptcy Act ‘’67 & 70.19142 B.R. 111 (Bkrptcy Ct., D.N.J. 1992) Op. per Gindin, U.S.B.J.2011 U.S.C. ‘72721Slip op. at 2

14

Committees and Committee Chairs

By: Cindy CarlamereMaureen Crowley Unsinn, CTPThe Association’s Constitution provides that the Board ofGovernors have nine Standing Committees. The By-laws ofthe Association, which govern the Agency Section, providesfor seven Standing Committees. There are also SpecialCommittees that are appointed by either the Board ofGovernors and/or the Agency Section. Anyone wishing toserve on a Committee should contact the Chair.

Board of Governors Standing CommitteesCTP – Joseph A. Grabas, CTPConvention – Maureen Crowley-Unsinn, CTP Education – Terry Gupko SwopeExecutive – Gary M. HamFinance – William O. DeAscentiisLaw Evaluation – Elissa BuonarotaLiaison – Lydia Fowler, CTPLegislative – Elissa BuonarotaPlanning – Michael Grant

Agency Section Standing CommitteesMembership – Robert PalmisanoLiaison/Education – John CannitoConvention – Jean TemplePlanning – Michael KehoeLaw Evaluation/Legislative – Elissa BuonarotaPublic Relations – Neil SavadProfessional & Ethical – Steve WhitneyStandards

Special CommitteesAbstracters Liaison – Neil Savad, CTPAdvocate Editorial – Michael KehoeConstitution & By-Laws – Lydia Fowler, CTPDirectory – Lydia Fowler, CTPGrassroots Advocacy – Michael GrantRecording Practices – Nancy Koch, CTPScholarship – Nancy Koch, CTPSurveyor Liaison – Laurence J. Usignol, CTPWeb Site – Robert Palmisano

Other Related EntitiesNJ Dept. of Ins. Liaison Committee – Richard A. Wilson, CTPNJ/TIPAC – Mike Grant

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New Jersey Land Title Association

Monmouth Executive Center100 Willowbrook Road, Building 1Freehold, New Jersey 07728

NJLTA Board of Governors

Gary Ham, [email protected]

Beth Way, 1st Vice [email protected]

Maureen Crowley-Unsinn, 2nd Vice [email protected]

Elissa Buonarota, [email protected]

Agency Management Board

Michael Kehoe, [email protected]

Stephen Whitney, Vice [email protected]

William DeAscentiis, [email protected]

Neil Savad, [email protected]

Robert Palmisano, [email protected]

Jean L. Temple, [email protected]

John Cannito, [email protected]

Advocate Committee

Michael Kehoe, [email protected]

Nancy [email protected]

Kevin [email protected]

Maureen [email protected]

Michael [email protected]

Frank [email protected]

Policy

The views and opinions expressed by the authors of the published articles are those of the authors or his/her employer. Consult your underwriter for specific guidelines.NJLTA makes no endorsement of advertisers, nor takes responsibility for the content of the advertisements.

Article Submission

By: Cindy CarlamereMaureenCrowley Unsinn, CTPThe Advocate welcomes articles dealing with thetitle insurance industry. All submissions must bein electronic format. Anyone wishing to submitan article for the next edition should do so byJanuary 2, 2003. All submissions for our regular columns should be done by February 1,2003. Please forward all submissions to MikeKehoe at [email protected].

Changes?

By: Cindy CarlamereMaureenCrowley Unsinn, CTPIf you have moved, changed phone numbers, e-mail address, etc. please notify either

Robert Palmisano908-298-9090/[email protected] or Mike Kehoe732-389-0009/[email protected]

The new information will be placed on the website immediately and in the next annual directory.