March 14, 2012
TDI's Rob Carter Speaks at TLTA Land Title School
Emphasizes the Important Role of Title Professionals
Texas Department of Insurance Title Office Director Rob Carter spoke during a special luncheon at TLTA's Land Title School last week in Austin. He highlighted some of the organizational changes that have come about under Commissioner Eleanor Kitzman, who was appointed in August, including renaming the Title Division to the Title Office. He also expressed enthusiasm about the staff he has in place and stated that he is adding three more full time staff positions to help with an increased workload. Carter closed by telling attendees that what they do as title professionals to help put people in homes is a very important part of our free enterprise system and that they should be proud of their role in that process. He also stressed his desire to continue an open dialogue with the industry.
Texas Supreme Court Grants AG's Petition to Review API Case
As we previously reported, the Texas Attorney General's office submitted an amicus request regarding Texas Department of Transportation and City of Edinburg v. A.P.I Pipe & Supply, L.L.C. One of the key issues in this case is whether Property Code §13.001(a), the statutory provision that protects property purchasers from unrecorded title conveyances they don't know about, also prevents purchasers from being bound by certain recorded title conveyances. In response, TLTA filed this amicus letter. On Friday, we received notification the Texas Supreme Court has granted the Attorney General’s petition for review. The Attorney General’s office expressed their gratitude for our support and we will continue to update you as new developments arise.
State Supreme Court: Landowners Own Water Beneath Land
Chuck Lindell | Austin American-Statesman
In a ruling likely to have an enormous effect on how Texas regulates water use, the state Supreme Court declared Friday that landowners also own the water beneath their land and may seek compensation if government regulations limit their access to it. Water experts predicted the decision will lead to a surge in lawsuits from property owners who are denied pumping rights or are issued permits limiting the amount of water they may draw from wells. Read More >
Bank of America, MERS Ask Court to Dismiss Texas Counties' Mortgage Suit
Margaret Cronin Fisk & Tom Korosec | Business Week
Mortgage Electronic Registration Systems Inc. and Bank of America Corp. asked a court to dismiss a lawsuit brought by Texas counties accusing MERS of filing false claims in property records. The counties allege Merscorp Inc.’s MERS was established by lenders including Bank of America to avoid paying filing fees as well as to ease mortgage transfers. The Texas Legislature approved of MERS’s appearance as a mortgagee in filings in county land records, the defendants said in a filing March 9 in federal court in Dallas. Read More >
Meeting Notice: Central Texas PREP Chapter Meeting March 22
The Property Records Education Partners (PREP) will hold a Central Texas area chapter meeting Thursday, March 22 at 10 a.m. at the Williamson County Jester Annex in Round Rock. PREP is a business and government local industry partnership that is sponsored by the Property Records Industry Association (PRIA). The goal is to strengthen communication between local industry stakeholders and enable perspectives and information to be shared between the national and local levels. PRIA invites you to join other industry members, including recorders, title companies, escrow agents, lenders and others for the March 22 area meeting. Read More >