Southern Points

Safely guiding you through today's changing mortgage environment

Spring, 2016 

In this issue
ALTA Best Practices
How to Have a Stress - Free Foreclosure Sale
The New Bankruptcy Proof of Claim Form
Join Our Mailing List!
Need Training?
Positive Words from Clients and Borrowers!

Welcome to the first installment of Southern Points for 2016. As we settle into 2016, this promises to be an exciting year in our industry and here at Rubin Lublin, LLC as well.  It will be a year filled with change. At RL, preparations already underway for a move into our new office building this coming June. On the business side, you will be happy to know that our title/closing practice has now been certified by an independent accounting firm to be in compliance with all ALTA best practices. Speaking of our title/closing practice, we have an update on folks are dealing with the new TILA - RESPA Integrated Disclosure (TRID) requirements. In bankruptcy, we also have an update for you on best practices regarding the new proof of claim forms.  Foreclosure sales are attracting more and more investors. As a result sales in our states have gotten very contentious. We have an article with pointers to assure your sales go smoothly.  Finally, we have an article that addresses potential complications for mortgage lenders regarding tax sales.  As always, we wish you well and thank you for supporting our firm. 

Best Regards,
Glen D. Rubin
Managing Partner 
Rubin Lublin, LLC 
Rubin Lublin, LLC Receives ALTA Best Practices Third Party Certification

   Rubin Lublin, LLC, a law firm dedicated to exceeding the expectations of its mortgage banking, loan servicing and title insuring clientele, recently received our Certificate of Attestation for the ALTA (American Land Title Association) Best Practices Certification for residential real estate closings for the states of Alabama, Georgia, Mississippi and Tennessee from the independent accounting firm of Frazier & Deeter. Prior to the attestation review, the firm conducted an extensive Self-Certification review of its closing departments' compliance with the ALTA Best Practice requirements.

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   Giving Back

We feel it's important to stay active in our community, as well as yours!  Here are some of the charitable efforts we've been involved with this quarter:
  •  American Heart Association 
  •  American Breast Cancer Foundation O
  •  YMCA of Metro Atlanta       
  •  Habitat for Humanity

  In non-judicial foreclosure states like Georgia, Alabama, Mississippi and Tennessee, the slightest errors in conducting a foreclosure sale can lead to costly challenges or lawsuits for lenders.  This article aims to outline some of the best foreclosure sale practices.  

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A Tangled Web: The New Bankruptcy Proof of Claim Form
Written by: Lisa F. Caplan, Partner, Victoria Baggett and Anjali Khosla, Associate 

  By now, almost everyone in our industry has, at least to some extent, felt the effect of the most recent change that went into effect on December 1, 2015 concerning the official form for mortgage proofs of claim in bankruptcy cases. In this article, we are going to focus on some of the issues we are already beginning to see regarding the new required Proof of Claim form.

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Where are we with TRID?

Written By: Heidi Billington, Closing Partner 

  We have anticipated the changes brought about by the new TILA / RESPA Integrated Disclosure Rule (TRID) for the past two years now and everyone across the mortgage and real estate industry has prepared diligently for these changes. At this point, everyone who works regularly in real estate has had to manage at least one file affected by the new TRID requirements. So where are we now? Has TRID really changed anything?

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TN Supreme Court Decision 

Written by: Smita Gautam, Litigation Attorney, RubinLublin, LLC

  On December 11, 2015, the Tennessee Supreme Court issued its opinion in Mortg. Elec. Registration Sys. v. Ditto, holding that MERS does not have an interest in property that is protected by due process, and therefore is not entitled to notice of a tax sale. See ____ S.W.3d ____, No. E2012-02292-SC-R3-CV, 2015 WL 8488909 (Tenn. Dec. 11, 2015). MERS initiated the lawsuit to attempt to set aside the tax sale of a property in Chattanooga encumbered by a deed of trust in favor of MERS, as nominee for the lender and its successors and assigns.

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Best Wishes, 
Glen Rubin
Managing Partner 
Rubin Lublin, LLC     

Rubin Lublin, LLC
3740 Davinci Court
Suite 150
Peachtree Corners, GA 30092