The Consumer Financial Protection Bureau (CFPB) announced recently that it has created two alternative prototype forms that are designed to combine the consumer disclosures required by the Truth in Lending Act and the Real Estate Settlement Procedures Act (RESPA).
The CFPB will use both in a testing process that will last for several months in preparation for the formal proposal of a single form. The agency said that it plans five rounds of evaluation, comment and revision before settling on a final form. The process will use forms in both English and Spanish.
The prototypes both offer disclosures for a $216,000 adjustable rate mortgage loan. They combine the disclosures required by the current RESPA Good Faith Estimate of Closing Costs and the current Truth in Lending disclosures in two-page formats. By selecting the right options, it is possible not only to review the two prototypes but also to comment on which of the two is better and why. The CFPB's webpage (LINK) also offers separate comment possibilities for consumers and industry participants.
The testing and public feedback process will enable the CFPB to revise the design and adjust the content based on how it works for consumers to develop a single form that will officially replace the dual TIL and RESPA disclosure requirements.
Source: jdsupra.com
Friday, May 20, 2011
Wednesday, May 11, 2011
Indiana Law - Statute of Limitations
Detailed below are a few of the various time thresholds set out in Indiana law that you may run into when reviewing a title to real property located in Indiana.
Mortgages - The statute of limitations, IC 32-28-4-1, for the viability of a mortgage is reviewed with the terms of the mortgage to determine if the mortgage has expired. Mortgages executed after September 1982 have a ten (10) year life from the date of maturity. Mortgages executed prior to September 1982 have a twenty (20) year lien life from the date of maturity. If the mortgage is silent as to a maturity date, the mortgage remains viable twenty (20) years after the mortgage execution regardless of the mortgage's signing before or after 1982. If the execution date is not apparent from the mortgage, the lien will survive twenty (20) years from the mortgage's recording date.
Judgments - A judgment lien attaches to real property when the judgment has been entered and indexed in the judgment docket. IC 34-55-9-2. An Indiana judgment as well as a state tax warrant survive ten (10) years after the rendition of the judgment. However, this time period may be extended due to an appeal, injunction, bankruptcy, the judgment debtor's death, or upon agreement of the parties. A federal judgment does not need to be indexed in the same manner as a state judgment. It must be recorded with the county recorder and due to the Federal Debt Collection Procedures act of 1990, it has a twenty (20) year life.
Mechanics Liens - IC 32-28-3-1 et al governs the procedures and lien time frame for a valid and viable mechanic lien. The following criteria must be satisfied: 1) Pre-lien notice requirements with a residential property where a non owner contracts for the labor. 2) Sixty (60) day recording requirement from the last day of work or supply for mechanic's lien on residential property. 3) Ninety (90) day recording requirement from the last day of work or supply for mechanic's lien on commercial property. 4) The recorded notice of intent to hold a mechanic's lien meets the form requirements of the statute. 5) Whether recorded no lien contract is enforceable. A property owner can request by certified mail that the lien claimant foreclose the mechanic's lien. if the foreclosure is not instituted within thirty (30) days, the property owner can file an affidavit to void the mechanic's lien. The statute also requires the foreclosure of the mechanic's lien within one (1) year of the recording date.
Leases/Land Contracts - Under IC 32-23-8-1 et al a lease is null and void after a period of one year when rental payments, development, or oil/gas production have ceased.
Mortgages - The statute of limitations, IC 32-28-4-1, for the viability of a mortgage is reviewed with the terms of the mortgage to determine if the mortgage has expired. Mortgages executed after September 1982 have a ten (10) year life from the date of maturity. Mortgages executed prior to September 1982 have a twenty (20) year lien life from the date of maturity. If the mortgage is silent as to a maturity date, the mortgage remains viable twenty (20) years after the mortgage execution regardless of the mortgage's signing before or after 1982. If the execution date is not apparent from the mortgage, the lien will survive twenty (20) years from the mortgage's recording date.
Judgments - A judgment lien attaches to real property when the judgment has been entered and indexed in the judgment docket. IC 34-55-9-2. An Indiana judgment as well as a state tax warrant survive ten (10) years after the rendition of the judgment. However, this time period may be extended due to an appeal, injunction, bankruptcy, the judgment debtor's death, or upon agreement of the parties. A federal judgment does not need to be indexed in the same manner as a state judgment. It must be recorded with the county recorder and due to the Federal Debt Collection Procedures act of 1990, it has a twenty (20) year life.
Mechanics Liens - IC 32-28-3-1 et al governs the procedures and lien time frame for a valid and viable mechanic lien. The following criteria must be satisfied: 1) Pre-lien notice requirements with a residential property where a non owner contracts for the labor. 2) Sixty (60) day recording requirement from the last day of work or supply for mechanic's lien on residential property. 3) Ninety (90) day recording requirement from the last day of work or supply for mechanic's lien on commercial property. 4) The recorded notice of intent to hold a mechanic's lien meets the form requirements of the statute. 5) Whether recorded no lien contract is enforceable. A property owner can request by certified mail that the lien claimant foreclose the mechanic's lien. if the foreclosure is not instituted within thirty (30) days, the property owner can file an affidavit to void the mechanic's lien. The statute also requires the foreclosure of the mechanic's lien within one (1) year of the recording date.
Leases/Land Contracts - Under IC 32-23-8-1 et al a lease is null and void after a period of one year when rental payments, development, or oil/gas production have ceased.
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