Summer 2017

In recent years there have been dra-matic changes in state’s marijuana laws across the country. Presently more than half of the states in the union (and growing) have laws legalizing the use of marijuana in one form or an-other. Those working within the New Jersey title industry have a duty to stay abreast of these legalization efforts as New Jersey happens to be one of those states. New Jersey law (N.J.S.A. 24:6I-1 to 24:6I-16) provides for the authorized sale of medical marijuana under the New Jersey Compassionate Use Med-ical Marijuana Act (“The Act”). The Act initially authorized six dispensaries of medical marijuana throughout the state, which have been termed “alterna-tive treatment centers.” Five of the six authorized dispensaries are presently

operational and conducting business in Atlantic, Camden, Essex and Middle-sex counties. What, you may ask, is the concern about the state’s decriminaliza-tion of medical marijuana and the effect upon the title industry? The answer is simple, the sale and use of marijuana, in any form, for any reason, remains illegal under federal law, putting federal law and the state’s law in direct conflict. This conflict creates unique and com-plex challenges for title insurers and settlement professionals alike in a rapidly changing legal and regulatory environment.

As insurers, from a claims perspective, we must consider the effect of civil asset forfeiture. Under both state and federal law, criminals are subject to this penalty. Asset forfeiture laws operate under

the concept that the property itself is guilty of a crime. The purpose of asset forfeiture is to deny criminals access to assets that have been used to facilitate their criminal enterprise, as well as to deprive the criminals of their ill-gotten gains. Under these forfeiture provisions the property involved in the crime may be subject to seizure for years after the sale to an innocent buyer. Civil asset forfeiture laws typically provide a safe harbor defense for innocent owners and mortgagees; however, it is the owner, mortgagee or possibly their insurer who must prove this case. If the government establishes probable cause and seizes a property, the burden of proof shifts to the property owner, who must then demonstrate by a preponderance of the

The Title Insurance Industry, Up in Smoke? By: Casey M. Booth

THE TITLE INSURANCE INDUSTRY, UP IN SMOKE? COVER

PRESIDENT’S MESSAGE PG. 5

AN AGENT’S PERSPECTIVE PG. 6-7

REAL ESTATE INDUSTRY VULNERABLE TO HACKING PG. 9

LOOKING FOR A FEW GOOD MEN & WOMEN PG. 11

TECHNOLOGY COMMITTEE UPDATE PG. 13

SPONSOR APPRECIATION SOIRÉE PG. 14

CONVENTION PG. 16

ALTA ADVOCACY NEWS PG. 18

PATRICK ROE PG. 20

LEGISLATIVE WATCH PG. 20

NJLTA GIVES BACK PG. 23

NJ/TIPAC PG. 23

SCHOLARSHIP AWARD PG. 24

IN TH

IS IS

SUE PUBLIC BEACH ACCESS PG. 24

VENDOR’S CORNER PG. 27

TRIBUTE TO HONORARY MEMBER PG. 28

DATES TO REMEMBER PG. 30

ON THE MOVE PG. 30

NOTES FROM THE EDITOR PG. 30

The Official Publication of the New Jersey Land Title Association

ADVOCATE

Up in Smoke… cont. on page 3

2

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evidence, that they are not guilty of the crime that caused the forfeiture.

From the standpoint of closing and settlement functions, the larger concern of the agency should be the possible implications of federal anti-money laun-dering statues. These statutes (18 U.S.C. §§ 1956 and 1957; 18 U.S.C. § 1960) can form the basis for charges and predicate prosecution for engaging in transactions involving the proceeds of a “specified unlawful activity.” Financial institutions

that engage in these matters face criminal liability for failing to identify and report these transactions. Under both state and federal guidelines (GLBA, TRID & FinCEN to name a few), title insurers may be construed to be financial insti-tutions. As such, consideration must be given to the persistent federal illegality, giving rise to the real concern of being

charged with money laundering or con-spiring with a known criminal enterprise.

In contemplating scenarios of this nature, many parties will espouse that the federal government is not prosecuting marijuana related businesses operating legally within their state. However, the fact is that the prior federal administration indicated a hands-off approach towards prosecuting these types of crimes. This approach is just that, an approach. It is neither a safe harbor, nor the law of the land, and is

subject to change at any time. Working within the confines of the aforesaid approach, the United States Department of Justice previously went so far as to out-line parameters for federal prosecution of parties operating legally within their state. For example, prosecution would still occur if revenue from the sale of mari-juana was found to be funding a criminal

enterprise, or if distribution was made to another state where the activity remained illegal. The guidelines also included, but were not limited to, ensuring that the legal marijuana activity was not being used as a cover for the trafficking of other illegal drugs. Appropriate consideration must also be given to the fact that it is not yet known how the current federal adminis-tration will handle these matters moving forward.

Evidence suggests that the clouds surrounding these issues will not clear anytime soon. The Securities and Exchange Commission declared a company cannabis-related effective on November 31, 2016, making it the first such company traded on the New York Stock Exchange, and in short succession has approved two more. In addition, New Jersey lawmakers are pushing for expansion of the state’s existing medical marijuana program in order to establish more doctors who can prescribe the drug, under less strenuous circumstances and to offer the drug in more dispensa-ries statewide. Given the nature of these quickly evolving market concerns, if you receive a request to provide title insur-ance on, or to serve as the settlement agent for a transaction where you believe marijuana is involved, contact your friendly local underwriter for guidance, or take the safe route and pass until the clouds clear. ■Casey M. Booth is the VP and NJ State Agency Manager for First American Title Insurance Company. The opinions and views expressed herein are the author’s own and should not be attributed to her employer or the NJLTA.

The Title Insurance Industry, Up in Smoke? continuation from cover

ADVOCATE

4

䤀 一 䘀 刀 䄀 匀 吀 刀 唀 䌀 吀 唀 刀 䔀 刀 唀 一 匀 䈀 唀 匀 䤀 一 䔀 匀 匀 䔀 匀 伀 䘀 吀 䠀 䔀 䘀 唀 吀 唀 刀 䔀

䌀椀椀攀猀 氀椀欀攀 圀愀猀栀椀渀最琀漀渀Ⰰ 䐀⸀䌀⸀ 眀攀爀攀 戀甀椀氀琀 眀椀琀栀 挀愀爀攀昀甀氀氀礀 瀀氀愀渀渀攀搀 椀渀昀爀愀猀琀爀甀挀琀甀爀攀⸀䈀甀猀椀渀攀猀猀攀猀 爀攀焀甀椀爀攀 琀栀攀 猀愀洀攀 挀愀爀攀昀甀氀 挀漀渀猀椀搀攀爀愀椀漀渀 愀渀搀 瀀氀愀渀渀椀渀最 琀漀 洀攀攀琀

琀栀攀 椀渀昀爀愀猀琀爀甀挀琀甀爀攀 搀攀洀愀渀搀猀 漀昀 琀栀攀 昀甀琀甀爀攀⸀ 吀椀琀氀攀 挀漀洀瀀愀渀椀攀猀 愀挀爀漀猀猀 琀栀攀 挀漀甀渀琀爀礀 氀漀漀欀 琀漀 䌀氀漀甀搀猀琀愀爀 琀漀 瀀爀漀瘀椀搀攀 琀栀攀 猀攀挀甀爀攀 搀愀琀愀 挀攀渀琀攀爀

猀漀氀甀椀漀渀猀 琀栀攀礀 渀攀攀搀 琀漀 戀攀 猀甀挀挀攀猀猀昀甀氀⸀

吀栀攀 䘀甀琀甀爀攀 圀漀渀ᤠ琀 䈀甀椀氀搀 䤀琀猀攀氀昀

ⴀ㠀　　ⴀ㌀㐀　ⴀ㔀㜀㠀　眀眀眀⸀洀礀挀氀漀甀搀猀琀愀爀⸀挀漀洀

Summer 2017

5

Friends, Ol’ Blue Eyes said it best, so why try to say it differently. My time as the New Jersey Land Title Association President has drawn to a close. I am the Obama to Scott Sumner’s Trump. Marilyn Henshaw has promised me and the former First Lady an exit via helicopter from The Sagamore (weather permitting).I think the most critical thing I have learned during my time in the Chairs is that this isn’t the end of my participation in the New Jersey Land Title Associa-tion, not by a long shot. I know that this organization exists, nay thrives, because its members sacrifice countless hours to make it continue.A short list:Need an article for the Advocate? Get Nancy Koch on the horn. Having an issue with recording a seemingly accept-able document? Reach out to Andrew Pitman. Wondering how you could ever pull off planning a successful convention for 150 attendees? Maureen Crowley is available in perpetuity. Did your col-league tell you about litigation that could negatively affect our industry? Larry Fineberg is at your service. When you checked your inbox this morning was there an update from TAN on pending legislation affecting your business? David Ewan’s personal mobile number is 1-973-487…that may be too far…These people, along with a handful of other similarly-minded individuals, are industry pillars who long ago exceeded what was expected of them, yet still they persevere in the service of our calling. This group qualified for tenure long ago, however they still operate in the trenches

for the betterment of our profession. Per-haps they are all waiting for the residual checks to start rolling in…As I exit stage left, I can’t say that we have accomplished every goal I had when I entered this role a year ago. What I can say is that I am proud of the seeds our group as a whole has planted during the course of my term. I am delighted that two events have been added to our agenda during the last year that honor the spirit of our association: our Sponsor Soiree and our NJLTA Day of Giving.The Soiree is an event I felt was called for after serving as Convention Committee Chairperson. Throughout the Conven-tion planning process, it became crystal clear that NJLTA members would not be able to gather and celebrate annually without the generosity of our sponsors. Knowing this, I attempted to honor the desires of those sponsors by driving agent attendance and maximizing net-working opportunities. When I noticed a Convention surplus of sponsor funds existed as a budget line item, I thought creating a standalone event to honor those same desires made perfect sense. I hope as you are reading this, the event turned out to be tremendous success. Another newly created event I am proud to be a part of is the NJLTA Day of Giving. About a month from the time you read this article, in connection with the United Way, association members will be gathering in locations statewide to assemble literacy kits for the benefit of deserving children. We want to help those who need it and this activity is a great way to accomplish that goal. I hope the Day of Giving becomes a permanent addition to the NJLTA calendar.

In addition to the two stand alone events discussed, I believe we have begun down the road on some necessary updating to our established practices. Scott Sumner and Dominic Fahey, along with the members of the Technology Committee, have recently contracted with a new web-site host that will allow our Association to communicate more efficiently with the member bases. The new site will be able to process event registrations and credit card payments. Our new host will also provide for more functional and accurate record keeping. Keep an eye out for our updated site in the coming months.The Exploratory Committee has also opened an investigation into redefining the role of the Executive Director. Ed Eastman serves our group valiantly. In previous meetings with Ed, he has rou-tinely offered to function in the capacity NJLTA deems best, he merely requested direction as to what capacity that may be. We have been examining title associa-tions in neighboring states to determine obligations typically associated with state leaders as their roles have evolved over the course of the last few years and hope to present our findings to the Board of Governors at our next meeting.While I am pleased that we have made progress throughout the course of my term, I know that a great deal more work lies ahead. Just as for those distinguished members mentioned above, it would be my privilege to continue to serve this association in the years following my presidency. ■MARILYN, WHERE IS THAT HELICOPTER?

The President’s Message –

‘AND NOW, THE END IS NEAR, AND SO I FACE THE FINAL CURTAIN’(Frank Sinatra) My Way

Anthony Floria-Callori, Esq., NJLTA President

6

This article is about vodka and underwriters, but it’s not what you think.When I finished law school and went back to work full time at my father’s prior title agency, he said something to me I will never forget and will always make me smile. “Paula, I’m not sure what was more helpful to you in this business – law school or tending bar,” or something along those lines. I will never forget it. I felt redeemed, as he confirmed the value of my decision to work in a completely different service business, one where the customers don’t exactly present their best selves.It was behind the bar in NYC, with rows deep of anxious customers, and various demands from the bartenders, bar backs, management and security on the team, that I learned many of the lessons that provide the framework for my perspec-tives on business and relationships today. The event that spurred my father’s com-ment was a screaming and inexperienced seller’s attorney trying (unsuccessfully) to jar me. However, the lessons extend far beyond what even my father wit-nessed that day.So, here’s my lesson: We all have the power to create and motivate a team, even in unexpected places and unex-pected ways. Although sometimes we may feel like lone rangers, battling through the storms

of real estate transactions and all the various responsibilities of a title agency, we are not alone. Every relationship we have is critical to the success of our inter-nal team and our clients. Recently, I’ve discussed my thoughts on the benefits of being friends with competitors, as well as important aspects of communicating with our customers. However, we can’t forget about our underwriters. Underwriters are one of our keys to suc-cess. Sure, many of them compete with us – that’s a part of being publicly traded and having multiple streams of revenue. Sure, some of them may be super conser-vative in some risk areas – they need to protect themselves too. Let’s not forget: they provide us brand credibility, their agency division success is based on our success, and they provide us key tools that we need.20 years ago, I discovered that I could not serve my customers the vodka they felt they very much needed if my bar back didn’t keep my bar rack stocked with that vodka. Similarly, we cannot get our customers the solutions they need if we don’t give our underwriters what they need to serve us first/quickly/efficiently/effectively. Taking the lessons I learned from a different service industry, my goal has always been that when an underwriting attorney has a lot of emails in his/her inbox and a lot of calls to return, they ALWAYS answer my team first. With effective communication strategies, I

believe my team has accomplished this. So today, I’ll share my perspective on how to build a rock-solid team with underwriting counsel whether you are a big agency or small, an agency involved in the title insurance community or keep to yourself, or an agency with an experi-enced team or an inexperienced team.Communication is the most important characteristic of a smooth agency- underwriter relationship. Start with the basics: the agency should let its under-writer representative know what its value proposition, goals, strengths and weak-nesses are; an agency manager/owner should let the underwriter State Man-ager know that he/she can call on them anytime and that the lines of communi-cation are open; and the underwriting attorneys should be informed that the agency examining team values them and will make best efforts to do a good job.Here's how to get your underwriting questions answered first: Communicate Clearly. Who (is the proposed insured), What (is the subject matter of the ques-tion and the material information), When (did/will each material event happen),Where (is your position on the issue), Why (is that your position).Sample email:Dear Appreciated Underwriting Counsel: We’ve been asked to insure a $450,000

An Agent’s Perspective.

By: Paula Zwiren, Esq.

Summer 2017

7

arm’s length transaction purchase and a $300,000 simultaneous purchase money mortgage to an institutional lender.I’m writing to ask if you want to require evidence that money was paid to a bene-ficiary under a Last Will and Testament.The seller is an individual who was executor of an Estate and conveyed title to themselves by a $1.00 deed 2 years ago. Although the seller was to receive the rest, residue and remainder under the probated Last Will and Testament, there was a $50,000 specific devise of money to the decedent’s church. Date of death was 2.5 years ago.I’m concerned that the church did not get the money, because the estate debt questionnaire showed only the real estate and a $25,000 savings account. If we don’t get proof it was paid, I think we should pay it out of the sale proceeds unless you feel we don’t need to because it’s a personal charge of the Executor. As proof, I think we should get a copy of the cancelled check or a release and refund-ing bond.

Attached for your review is the following:• Deed into decedent• Last Will and Testament• $1.00 deed• Estate Debt Questionnaire.Thank you for your time.Kind regards,Diligent ExaminerHere’s the type of communication to avoid, as much as possible:• Emails that say “I’ll call you on this” with a 100 page attachment• An email that says “Can you look at

this and let me know what you think” and has 10 unnamed attachments

• Random technical questions with no perspective or detail, like “Does an executor need to sign a deed out if the property was specifically devised?”

• We aren’t insuring anything, but my attorney client wants to know how to make a tidelands grant application and I was wondering if you would talk to him.

There are also times when the under-writer needs information from us. When we get a call from the State Manager, claims counsel or audit department, it’s only natural to want to retreat. Not just because it could be bad news, but also because whatever question or situation is at the other end of that phone call could be a time-consuming project. In those moments, it is super important to be responsive. In my opinion, it’s more important to be responsive and transpar-ent than it is to be perfect. These are the moments that frame their opinion of us as agents. There’s a saying in real estate, that you are only as good as your last deal. It could be said that that applies to how people think of us up and down the supply chain line. When we are as good to our searchers, vendors, and underwriters as we are to our customers, it’s inevitable that our customer base will grow because of the great service; and our internal agency team will strengthen because of the cohesive collaborative service delivery infrastructure.■

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Summer 2017

9Real Estate Industry… cont. on page 10

Real Estate Industry Vulnerable to Hacking Techniques that Hit the DNCBy: Dominic Fahey, Esq.

Can you spot the imposter? Don’t feel bad if you cannot, many DNC employees couldn’t either.

Figure 1-Fake Google Sign-in page on the left, legitimate on the right.Whether you believe the Democratic National Committee (DNC) was hacked by Russians or a four-hundred pound guy from New Jersey, there is little dispute in the Information Security community on the methodology used. The cybercriminals did not discover a previously unknown flaw in the Microsoft Windows operating system; they exploited the weakest link in the cybersecurity chain – the person behind the keyboard. In a modern twist on a classic confidence scam, hackers were able to fool DNC employees to hand over the keys to the digital kingdom – their passwords. The cybercriminals sent phishing emails to thousands of DNC employees purporting to be from their email service provider, Google, claiming that the employee’s email had been compromised and that they should reset his/her password. When an unsuspecting DNC employee is conned into believing his email has been compro-mised, he clicks on the link in the email and is sent to a website that appears to

be Google but is actually controlled by the criminals. The counterfeit email and websites were very good forgeries. As with many things digital, it is not difficult to produce an exact copy of Google’s logo, font and password reset webpage. Google’s standard sign-in page is located at https://accounts.google.com. In this case, the hacker registered a similarly spelled domain – https://accounts-google.com (Figure 2) Notice the subtle difference in the ‘.’ and ‘-’ after ‘https://accounts’. This

minor change makes all the difference in cyberspace. Also, note the hacker’s use of the encrypted hypertext transfer protocol (HTTPS). HTTPS is a standard on the Internet to encrypt communication be-tween parties like banks, retailers and their customers. The problem is that, while the communication between a server and the web browser may be encrypted, HTTPS does not ensure the veracity of the identity of the server. That is to say, just because the server appears to be related to Google, HTTPS does not ensure that it is.

Figure 2-Spoofed domain names for Google.Furthering the con, the mark’s email address is prepopulated in the email address field on the spoofed password reset page. Upon entering his password and clicking reset, the mark is redirected to the actual Google password reset page

none the wiser that his password was stored by the hacker in the background. With a DNC employee’s username and password, the hackers were able to down-load every email ever sent or received by the individual. Unfortunately, it appears a number of DNC employees fell prey to this scam. Other People’s MoneyReal estate industry participants including settlement service providers, attorneys, real estate agents, homebuyers and sellers are vulnerable to similar attacks. Hackers have discovered that once they get access to real estate industry members’ email credentials, they may be successful in convincing real estate transaction parties to divert funds sent via the US Federal Reserve Banks’ Fedwire (AKA wire transfer) system with forged wire instructions. PreventionSadly, Information Security experts warned of this exact phishing attack against Google users as early as 2014. Had the DNC read Symantec’s warning, they may have taken steps to protect their employees. Practically any unsuspecting email user could become a victim of a similar phish-ing technique. Google is not particularly vulnerable; this could also happen to the likes of Microsoft, Apple, AOL, and Com-cast users. Below are some steps you can take to prevent:• Train your associates to have healthy

skepticism regarding any incoming emails, especially those with shortened URLs/links or a call to action to type in a username and/or password.

• Enable two-factor authentication (2FA) on every account that offers it.

• Never re-use passwords between sites, especially sites with confiden-tial information like your email or financial service providers.

Shortened URL/LinksURL/Link shortening services came into existence in the early 2000’s to make it easier for people to deal with long links on the WWW such as http://www.njlta.org/wp-content/uploads/2017/03/78584-Ad-vocate_Spring_Digital2017.pdf One such

10

popular service is Bitly. When clicking on a registered link, such as http://bit.ly/2ppAFV7, users are redirected to the last copy of the Advocate. While short-ened links have advantages, they can also be used by fraudsters to hide attacks. For example, a user cannot easily determine if the shortened link will redirect them to the official Google website or the imposter; such was the case in the DNC email hack. Two-Factor AuthenticationSingle-factor authentication grants access based on a password alone. If your password is stolen, a fraudster could be granted access. Verizon’s 2016 Data Breach Investigations Report found that “sixty-three percent (63%) of confirmed data breaches involve using weak, default or stolen passwords.” Two- factor authentication (2FA) gives an extra layer of security by requiring a second mechanism to prove identity in addition to a password. This second factor could be a number sent to your cell phone or generated on a hardware token or an app

on your mobile device. You may be utilizing 2FA in your everyday life and not realize it. That PIN number you use with your debit or ATM card, or that RSA SecurID hardware token you utilize to sign into your banking website – both are examples of two factors for authentication.Security experts recommend enabling 2FA on all services that offer it. Many online providers including Google, Apple, Microsoft and Yahoo offer 2FA. Had the DNC enabled 2FA on their Google email service, it is possible that WikiLeaks would not have had anything to publish. For more information on enabling 2FA on your accounts, check out the site https://www.turnon2fa.com/. Password ReuseDid you ever register for a Myspace account? Did you happen to use your “regular password” and have long since forgotten about the site? Well your pass-word reuse may come back to haunt you. In 2016, over 300 million usernames and passwords for Myspace were discovered

on a hacker forum. It would not be diffi-cult for hackers to test those usernames and password combinations with the popular providers like Google, Apple and Microsoft to see if any are successful. If remembering complex and unique pass-words for every site is the last thing you want to do, take a look at a password man-ager such as Dashlane or LastPass. But if you do, be sure to enable 2FA on that password manager otherwise your emails could end up as fodder for WikiLeaks or even worse, involved in wire fraud.Dominic Fahey, Esq. is a Bruce Spring-steen fan who does title insurance, in that order. Find him on @domfahey.

Further reading: http://www.esquire.com/news-politics/a49791/russian-dnc-emails-hacked/https://www.cyber.nj.gov/cyber-blog/stop-what-you-are-doing-and-enable-2fahttp://news.verizonenterprise.com/ 2016/04/2016-verizon-dbir-report- security/ ■

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Real Estate Industry Vulnerable… continuation from page 9

Summer 2017

11

By Jason Dombrowksi, Agency Section Chair

Are you passionate about the title indus-try? Do you desire to preserve the indus-try from which you make a living? Do you dream of one day having the honor of being designated as a Certified Title Professional (CTP) or even a National Title Producer (NTP)? If you can answer yes to one or all of these questions, then why not get involved with the New Jersey Land Title Association (NJLTA)?For those of you who are not aware, the New Jersey Land Title Association holds its annual convention every June. The convention marks the time of year when the slate of new officers are sworn onto the Board of Governors (BOG) and the Agency Section fills any open positions on its Board. Even if you are unable to

dedicate the amount of time that is re-quired to hold a BOG or Agency Section Board position, there are still plenty of committees that require volunteers. Most committees meet on a monthly basis and meeting can usually be at-tended via phone. Volunteering to be a part of a committee is a great way to get your feet wet by getting involved in the Association. Here are some of the com-mittees of the NJLTA: Planning Com-mittee, Recording Practice Committee, Technology Committee, Convention Committee, and that is just to name a few. These committees work on specific issues and tasks and report back to the BOG. The work these committees do is extremely important to the association and its members.

If you would like to become more involved in the Association, please feel free to reach out to me or any one of the other members of either the BOG or Agency Section who are listed on the back cover. We would love to hear from you and have the chance to discuss any opportunities available. Having been involved with the Association as an Agency Section Board member I have had the pleasure of meeting, working and spending time with some amazing people. Their dedication to this associa-tion and industry has been inspiring to me and I guarantee it would be to you as well. Hope to see you at this year’s convention.■

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Summer 2017

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In my previous article, I indicated how the technology committee was focused on an initiative to upgrade the Associa-tion’s website in order to better serve our members and grow membership. At that time, the committee was in the process of vetting different website platforms to see which one would best fit the Associ-ation’s needs. I’m happy to report that at the end of March, the committee made a recommendation to engage the services of Your Membership. Your Membership is one of the top providers in association management software and is currently used by both the New York and Penn-sylvania Land Title Associations. The Board subsequently approved the committee’s recommendation and we have entered into a contract to have Your Membership serve as our new website platform provider moving forward. The committee is now in the pro-cess of working with the Your Membership implementation team to build out the new website. The implementation process is expected to take approximately 90 days and we have set July 5, 2017 as our target launch date.

Once operational, the new website will allow significantly more interac-tion between the Association and our members as compared to our current website. Members will be able to apply and join online, build and manage their own profiles, and volunteer for commit-tees through the website. Perhaps most importantly, members will be able to

pay annual dues, as well as register and pay for events and CE courses directly online with a credit card. The new site will also be mobile friendly, thereby allowing both members and the general public to access and view the site from their tablet or smart phone. The site will also provide more functionality when searching for underwriters, agents, and affiliates. Lastly, the enhancements in our new platform will streamline a lot of functions currently undertaken by the Executive Director’s office.

I’d like to personally thank the committee members listed below, as well as Ed

Eastman and Louise Haas, for all their efforts over the last few months and their continued efforts as we move for-ward implementing the new platform.

2016/2017 TECHNOLOGY COMMITTEE MEMBERS

Anthony Floria Callori

Marilyn Henshaw

Sara Valenz

Lisa Aubrey

Dominic Fahey

Linda Martin

Glen Stout

While this has been a time consuming endeavor, the new

enhanced features will undoubt-edly benefit the Association and the

members it serves as we move forward as an organization. On behalf of the entire committee, welcome to the 21st century! ■

Scott K. Sumner Technology Committee Chairperson

Technology Committee

Update

14

On April 19, 2017, the NJLTA decided to strike up some fun, with the first ever Sponsor Appreciation Soiree. The event was an opportunity for the association to show our tremendous appreciation to past and present convention sponsors who support the NJLTA and its mission to serve the New Jersey title industry. Attendees gathered at the upscale Stryxe in Madison, NJ for a rolling good time of bowling, cocktails, and gourmet hors d'oeuvres. Acclaim and applause is due and owing to the first place bowling team, hereafter known as the Madison Marauders, who certainly did not spare the competition. Marauders team members included Brittany Andolino of Title Consulting Services, LLC; Russ Aquinio of Pri-ority Search Services, LLC; Michael Frederick of Stewart Title Guarantee Co.; Amy Holder of True North Title Services, LLC; and Nicholas Timpanaro

of Fortune Title Agency, Inc. An hon-orable mention is owed to Fred Burnett of Signature Information Solutions, LLC who got the best in show award for having the highest individual score of any bowler. I would be remiss if I did not also applaud the committee members for a job well done in assembling a fantastic event that was right up our alley! Com-mittee Credits: Anthony Floria-Callori of Prestige Title Agency, Inc.; Dawn Lagowski of New Dawn Title; Linda Martin and Patrick Roe of Signature Information Solutions, LLC; Andrew Pitman and Terry Swope of Fidelity National Title Group; Theresa Talian of Atlantic Coast Abstract; and the author of this missive, Casey Booth of First American Title Insurance Co.Below and at right are photos from the fun-filled evening.■

NJLTA Sponsor Appreciation SoiréeBy Casey Booth

Summer 2017

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16

So it is finally here!By: Marilyn A. Henshaw, Chair, Convention Committee

On behalf of the Convention Commit-tee and the Executive Boards, I would like to welcome all attendees to the 95th NJLTA Annual Convention.

We have an exciting program scheduled, and I hope that you will take advantage by attending many of the events and enjoying all that the Resort has to offer.

This year we have added the Sip and Paint, the Agency Section Town Hall meeting, the Scavenger Hunt, the Golf Outing, and the Boat Cruise to the nor-mal schedule of NJLTA meetings, Credit Seminars, ALTA Speakers, the Sunday Reception and the Gala Dinner. Take a moment to review the Agenda to make sure you do not miss anything. Please remember that the Sunday Reception will be casual but that the Gala Dinner is Formal Attire (black tie optional).

This convention would not be possible without the support of our Vendors who generously devote their money, time, and energy to make sure that we can provide all of the various items that, together, make the event a fun expe-rience. Please show your thanks by visiting their booths in the Convention Center. This year as an added incentive you will find the answers to some of the clues on the Scavenger Hunt at the booths.

The completed Scavenger Hunt forms should be handed in to a Convention Committee Member who will write down the time received. Remember,

there are some serious prizes for first, second, and third place winners, so in the event that more than one correct form is turned in, the earliest received will determine the winner. Good luck!

Until I became the Chair this year, I did not truly understand the time and effort that is devoted by so many people to bring about the Convention, and for some it is a role that they play year after year without complaint. I would like to take this opportunity to thank every member of my committee and to say how much I have enjoyed working with you and getting to know you. Now is your moment to Relax, Refocus, and Revive! ■

WELCOME TO THE 2017 NJLTA CONVENTION

Summer 2017

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95th Annual New Jersey Land Title Association Convention

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ALTA News The American Land Title Association keeps us up-to-date with the ever-changing events and articles affecting our industry. Here are some of the news items that were found most relevant over the last quarter. Please be aware that some articles may require an ALTA membership in order to access the full article. You can become and should become an ALTA member. Join the association today by going to http://www.alta.org/membership/ and be a part of the American Land Title Association.Industry Pain Points With TRID Tied to Title and Settlement ServicesHousingWire | March 7, 2017 http://tinyurl.com/j8f76nyIn a conference room packed with lenders at the Ellie Mae Experience con-ference, it was clear that the proposed changes to the TILA-RESPA Integrated Disclosure rule are welcome, but don't go nearly far enough. According to one panel, one area of the rule that leads to consumer confusion is the inaccurate disclosure of premium for an owner's

title insurance policy. How to Protect Yourself From Ransomware [video]Fortune | March 13, 2017 http://tinyurl.com/hjgbg3tMeet the new hostage crisis: "Ransom-ware," which involves using malicious software to hold people's computer files for ransom.Get Your HOP Box TodayALTA Title News Online March 14, 2017 http://tinyurl.com/jhme4obALTA HOP Boxes contain many items available through ALTA's Homebuyer Outreach Program and can be used at staff trainings, underwriter seminars, real estate agent trainings/presentations, first-time homebuyer seminars, state land title conventions and much more. HOP Boxes cost $120 each and provide a savings of 65 percent compared to purchasing items individually.The Scorpion and the FrogALTA Title News Online March 17, 2017 http://tinyurl.com/mfdp5wv

There's plenty of buzz in the financial and tech world about all the potential block chain technology. This technology, which underpins the bitcoin "currency," is being developed for use in an array of financial transactions, including poten-tially the recording of property records. Money Laundering is Shaping U.S. CitiesWashington Examiner | March 27, 2017 http://tinyurl.com/l2kbpxwThirty percent of the cash purchases of high-end real estate by shell companies in six major cities involved a suspicious buyer, according to an investigation conducted by the Financial Crimes Enforcement Network to find out who was behind the deals. The 30 percent figure was "certainly higher than we thought we were going to see when the industry first had to do this," said Steve Gottheim, senior counsel for the American Land Title Association.Opinion: Why Loan Officers Should Attend Mortgage ClosingsCredit Union Journal | March 27, 2017 http://tinyurl.com/kj89z5w

Summer 2017

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There is a direct link between borrower satisfaction and whether loan officers attend mortgage closings, STRATMOR Group Senior Partner Garth Graham said. Do you think the process would go smoother if loan officers attended the closings?Here's What's Wrong With the CFPB's Practice of Regulating Through EnforcementHousingWire | March 28, 2017 http://tinyurl.com/mo8ttdzThe Consumer Financial Protection Bureau's approach to regulation has always been distinct from other regula-tory bodies. Rather than issuing clear-cut statutes that lay out a lot of specifics, the CFPB favors enforcement actions that financial institutions have to weigh against their own practices and then somehow implement.Pillar IV and the Compliance Mosaic: Compliance Concerns of Settlement ProvidersALTA Title News Online March 28, 2017 http://tinyurl.com/lbldj5l

The regulation of the title insurance agent can come from many different directions. While there are national and local regulators, regulation can come directly from the insurance overseers and indirectly by those who regulate customers. ALTA Updates Supplemental Best Practices MaterialsALTA Title News Online April 4, 2017 http://tinyurl.com/mb7l6gsALTA announced it is releasing updates to supplemental materials for its Title Insurance and Settlement Company Best Practices to help ensure the industry has consistent information about how to implement and comply with the policies and procedures.Tips for Building Strong PasswordsALTA Title News Online April 4, 2017 http://tinyurl.com/kfjdb6rPasswords are critical gateways to your company’s databases and networks. But they’re also potential open doors for hackers. Read on for some tips on build-ing strong passwords.

ALTA Urges CFPB to Warn Consumers About Wire Fraud SchemesALTA Title News Online April 7, 2017 http://tinyurl.com/lo6d5bvALTA says the alert should provide tips on how consumers can protect themselves and questions to ask to help determine if real estate professionals have procedures in place to protect their money. ALTA has educated its members over the past few years about these wire fraud schemes, but the best defense is to inform consumers about the danger.How the Title Industry Can Manage Cybersecurity RiskALTA Title News Online April 11, 2017 http://tinyurl.com/kf2v5mgNot so long ago, cybersecurity was something title agents and underwriters considered the domain of the big banks and other high-profile financial institu-tions. Today, the mortgage and settle-ment services industry–like virtually every other industry–is clearly under attack. ■

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LEGISLATIVE WATCHBy: Edward Eastman, Esq.

Assembly Bill 3828 has been intro-duced in an attempt to enhance existing protections against the filing of fraud-ulent deeds. The Bill requires any party submitting a deed for recordation to submit an Affidavit of Title and directs the county recording officer to notify the transferor of the recording. The county recording officer is to collect an additional fee of two dollars to offset the cost of notification. It further provides, in order to and in the effectuation of the notification requirement, that the county recording officer shall allow a property owner to submit information on his or her preferred mailing address, or e-mail address, or both, through which to be notified of a deed recording. The county recording officer is to retain the contact information along with the deed.The form of the Affidavit of Title is not outlined in the Bill. Although the Bill would not logically apply to a Quit Claim deed, there is no exception for same. Moreover, if someone is submit-ting a fraudulent deed, he or she could simply submit a fraudulent Affidavit of Title if one is required. Consequently, we believe the requirement for this provi-sion should be omitted.The Bill seems to create an opportunity for homeowners to “opt-in” by registering

with the county recorder if the service is desired, but charges the fee whether the homeowner opts-in or not when a deed is tendered for recordation.If the notification system is implemented, it seems logical to extend the notification provisions to apply to mortgages as well. That change could be accomplished by amending the Bill’s reference to N.J.S.A. 46:15-6 (which applies only to deeds) and instead, adding a new Section (i) to N.J.S.A. 46:26A-6 which would adopt a notification system similar to that employed in Philadelphia, Pennsylvania. In the Philadelphia system, the recorder simply mails a computer generated letter to the record owner of the property using the taxation system’s billing address (not the address specified for the grantor on the deed). The letter informs the owner that a deed or mortgage has been placed on record, and also provides information as to what to do if the owner did not au-thorize the transaction in question. The cost of implementation is low – a stamp and a computer generated form letter for each reportable transaction. Additional-ly, since the system does not require an “opt-in” from the landowner, all owners would receive notice giving the system an ability to detect more fraudulent activity. ■

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Patrick T. Roe – President’s AwardPatrick (Pat) Roe has accumulated more than 25 years of experience in the information industry where he has held numerous sales, marketing, and opera-tions management roles. He has worked in the title insurance industry since 1996 when he joined Charles Jones Inc. (now Signature Information Solutions LLC) as its Marketing Manager. After spearhead-ing several significant product introduc-tions and holding numerous leadership roles, he was named General Manager in 2012. Under his direction, Signature has supported a number of educational and industry-wide events that have helped

to strengthen the title industry. Pat feels success is not possible without a passion for customer satisfaction and he drives continuous improvement throughout the organization. He continues to lend

his expertise to both local and national industry endeavors. In addition to hold-ing several philanthropic and civic roles, Pat is a member of the Project Advisory Board for the New Jersey Early Land Records Project; member of the Amer-ican Land Title Association’s (ALTA’s) Real Property Records Committee; and Board Member of the Association for Title Information Management (ATIM). In addition, over the years, he has par-ticipated in a number of NJLTA commit-tees and numerous continuing education classes for the title industry. Pat is a graduate of Franklin & Marshall College in Lancaster, PA, where he met his wife, Amy. They are both dog lovers and the proud parents of two daughters.He is also an avid NY Giants football fan, and wine enthusiast. ■

Summer 2017

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Cloud-Based TechnologyTitleDesktop is a fully web-based Title Production andSettlement Software Package. Allowing you to access your files from virtually anywhere - from any web-enabled PC, Mac, smart-phone or tablet. There is no software topurchase or install. All you need is a standard computerwith an internet connection - updates and maintenanceare automatic.

Meet the first truly cloud-based Title Software Solution. No computer server is required, there is nothing to install or maintain. New forms and soft-ware features are added automatically.

TitleDesktop was designed with the ‘title professional’ in mind. TitleDesktop is user-friendly and easy to learn.The easy-to-use menu and entry fields help eliminate the need to re-enter information and reduce the risk of errors.You never have to leave TitleDesktop to communicate with your customers, place orders with your service providers or connect with your underwriter for CPLs, title searches or policy jackets.

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Summer 2017

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By Lisa J. Aubrey

Winston Churchill once said, “We make a living by what we get, but we make a life by what we give.” This year the NJLTA is choosing to give generously of its time by giving back to the communities through-out this state that have helped us all make a great living.How can you give back? Well, on Wednesday, July 19, 2017, you can join our NJLTA President, Anthony Floria-Callori, and his committee members, Heather Manfredi, Sara Valenz and yours truly for a “NJLTA Day of Giving.” On this one day, we will come together across the state in three differ-ent locations (Parsippany, Freehold and

Mt. Laurel) to build United Way Literacy Kits. What are United Way Literacy Kits, you ask? These kits deepen children’s reading experience, while helping them build their libraries at home. We as vol-unteers will use our creativity along with arts and crafts provided by the United Way, to design related props, games, or other activities to enhance the reading experience for the children who will receive them, along with the selected book. The crafts that we create will stay with the book and help bring that book to life when the child reads it. We have chosen The Very Hungry Caterpillar by Eric Carle.So let us come together as a “United”

association and add a personal touch to helping kids enjoy reading. The more kits we build, the more children we reach throughout the state. We just might be lucky enough to inspire one of them to be a future searcher, title examiner, settlement processor or “friend of the title industry.”Look for an email with specific details as to locations and times and a registration link for the “NJLTA Day of Giving.”Come be a part of something special, because at the end of the day it’s not about what you have or even what you’ve accomplished, it’s about who you’ve helped and what you’ve given back. ■

The New Jersey Land Title Association Gives Back – JOIN US

Terry Gupko Swope, Esq. CTP

NJ/TIPAC

NJ/TIPAC is the Political Action Com-mittee (PAC) of the New Jersey title insurance industry.NJ/TIPAC raises money to contribute to political candidates who understand and support the issues affecting the title industry. We utilize the input of our New Jersey Land Title Association Board of Governors, our Executive Director, the Legislative Committee, and the Agency Section. Crucial how-ever, is the recommendation of our NJLTA lobbyist, William J. Maer, of Public Strategies Impact. Candidates' positions and/or voting records on key

issues important to the title industry are always factored in along with the candidate’s committee assignments and leadership positions. Most often a member of our organization will attend a candidate’s fundraiser so we get a face to face meet.When I accepted the Chairperson posi-tion in 2012, the bank account was under $1,000.00. My goal, with the support of the NJ/TIPAC trustees, was to fill the coffers. We undertook some pretty exciting fundraisers. There was a cocktail party graciously hosted by Mr. and Mrs. Ed Eastman at their home, including an appearance by the Honorable Thomas Jefferson. At the Baltimore convention in 2013, we hosted a casino night at the Bal-timore Aquarium. We played a whole se-lection of Wii games at the 2014 Montauk Long Island convention. At subsequent conventions, the Chairpersons graciously allowed the golf outing sponsorships to be donated to NJ/TIPAC. This year is no exception, and Marilyn Henshaw has also

offered a sponsorship for the Lake George boating outing to be donated as well. It is crucial for our industry to support the politicians who understand our title industry, so fundraising is vital. Please note that if an agency is even partially owned by an underwriter, campaign laws prohibit donations made in the agent’s name. However, contributions can be made by an independent title agent with a company check. Employees of underwriters can only make personal contributions. I am proud to report that even with all the political donations made in the past five years, the current total of the NJ/TIPAC account tops $10,000.00. The current Trustees for NJ TIPAC are Michael Huddleston, Clyde Kopchak, Ed Luff, Andrew Pitman, Beth Way, and myself as Chairperson. I thank the Trustees for their time and support, and as always, we are very grateful to all the contributors to NJ/TIPAC. ■

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KATHERINE SCOTT AWARDED 2017 JOHN R. WEIGEL SCHOLARSHIPThe New Jersey Land Title Association is pleased to announce that Katherine “Katie” Scott of Wall Township, New Jersey is the 2017 winner of the John R. Weigel Scholarship Award. Named in honor of the Association’s Director Emeritus who served the title insurance industry with great distinction for over twenty years, this award will provide Katie with an $8,000.00 scholarship which will be paid over 4 years.A senior at Marine Academy of Science and Technology in Highlands, Katie is still weighing her college options for the fall where she plans to major in microbiology.Katie’s passion for cell biology was sparked in Middle School. That pas-sion lead to an informal internship at the James J. Howard Marine Sciences Laboratory (of the National Oceanic and Atmospheric Administration) in 2016 where she helped conduct research on the evolutionary capabilities of the Atlantic Silverside.Katie is a four-year member of the Naval Junior Reserve Officer Training Corps where she served as Battalion Admin-istrative Officer and participated on the Drill and Academic Teams. She cap-tained her school’s National Ocean Sci-ences Bowl team to a second-place finish in the State and served as Vice President

of the National Honor Society of which she was a two-year member. Katie also participated in Key Club, is a member of the Spanish Honor Society, the Marine and Environmental Sciences Club and the Girl Scouts.“Katie’s qualifications blew us away,” said Anthony Floria-Callori president of the NJLTA about the award. “She is our twentieth scholarship recipient. Being able to support one of ‘our own’ this way is so important to the Association and we are proud to be able to do it.” The John R. Weigel Scholarship, which was inaugurated in 1998, is awarded once per year to a qualified candidate for higher education arising out of a title industry connection. Academic achieve-ment, extracurricular activities and public service experience are all required of eligible candidates. In addition, award winners must continue to satisfy the eligibility requirements throughout the four-year period during which their scholarship is paid. The scholarship is underwritten by both the Underwriter and Agency Section members of the New Jersey Land Title Association. Katie is the daughter of Teresa Scott, an employee of Truex Abstract, Inc.Katie joins past scholarship winners, Katherine Ramler (1998), Theresa Hayes (1999), Elliot Fineberg (2000), John T. Wenzel (2001), Kathryn Anne Cannito (2002), Lauren Usignol (2003), Alex Fineberg (2004), Pamela Kubinsky (2005), Danielle Panccione (2006), Kyle Wilson (2007), Michael Ham (2008), Brielle Grabas (2009), Kacie Baker (2010), Alexis DeCarvalho (2011), Samantha Huddleston (2012), Andrew Martini (2013), Michael Kaspar (2014), and Rachel Swope (2015), and Giulia Gargano (2016). ■

LEGISLATIVE WATCHPUBLIC ACCESS TO BEACHES AND OTHER WATERWAYSIn 2007, the New Jersey Department of Environmental Protection (D.E.P.) adopted Public Access Rules which sought to expand its authority over public access to beaches and other tidal waterways (bays, streams, lagoons: waterways now or formerly flowed by tide or influenced by tide). The reg-ulation (39 N.J.R. 5222(a)) provided, among other things, that municipali-ties must allow public access to tidal waterways and their shores “at all times,” unless the municipality obtains the D.E.P.’s permission to close the area during “late night hours” based on “unique circumstances” that threaten “public safety” or during other times for reasons such as “exigent circumstances.” N.J.A.C. 7:7E-8.11(f). Other sections of the new rules required any municipality that seeks an appropriation from the “Shore Protection Fund” to enter into a “State Aid Agreement” with the D.E.P. that, among other things, obligates the municipality to provide additional

By: Edward Eastman, Esq.

Summer 2017

25

parking spaces and restroom facilities in proximity to the oceanfront as specified by the Public Access Rules and D.E.P. directives. N.J.A.C. 7:7E-8.11(p)(7)(v); N.J.A.C. 7:7E-8A.2(c)(2)(i). The rules also require the municipality, if neces-sary, to acquire land, including by exer-cise of the power of eminent domain, in order to provide such additional parking spaces and restroom facilities. N.J.A.C. 7:7E-8.11(p)(7)(i)(l).The Borough of Avalon brought suit against the D.E.P. to set aside the new rules arguing (A) that the Legislature had not delegated any authority to the D.E.P. that would preempt or supervise a municipality’s obligations to its public lands and beaches, and (B) that the pro-vision that disallowed the municipality’s receipt of Shore Protection Funds, if the municipality failed or refused to install restroom facilities at least every one half mile, was not supported by existing legislation or the Public Trust Doctrine. The Court agreed and declared the reg-ulations invalid. (Avalon v. NJDEP, 403 N.J. Super. 590 (App. Div. 2008) certif. denied 199 N.J. 113 (2009)).In response, the NJ D.E.P. embarked upon another round of rulemaking, culminating in the 2012 adoption of new Public Access Rules (44 N.J.R.

2559(a) (11-5-2012)). The Hackensack Riverkeeper and the N.Y./N.J. Baykeeper brought suit against the D.E.P. (443 N.J. Super 293 (Ap. Div. 2015)) arguing that the agency did not have the legislative authority to, among other things, (A) mandate municipalities adopt public access plans and (B) mandate public access across private property, both res-idential and commercial. The Appellate Court agreed, striking the rules, and declaring the power to manage lands held in public trust is reserved to the Legislature.Thereafter Senate Bill 2490 was intro-duced in this legislative session along with its companion Assembly Bill 4092 seeking to authorize the D.E.P. to adopt rules that would require owners of private land to grant access to adjoining public waters upon the land owner’s applica-tion for a CAFRA permit, Water front Development Permit, Wetlands Act Permit, Flood Hazard Control Act Per-mit or “any other law” as a condition of approval. A replacement of a worn out bulkhead, for example, could trigger the obligation to grant to the public verti-cal access from the public street to the waterway and horizontal access along the waterway on the private citizens’ side and back yard.

The trouble with the Bills is that they violate the N.J. and U.S. Constitutions, which provide that private property shall not be taken for public use without just compensation. The U.S. Supreme Court, when reviewing such a schema in Cali-fornia, has noted that:“That is simply an expression of the Commission's belief that the public interest will be served by a continuous strip of publicly accessible beach along the coast. The Commission may well be right that it is a good idea, but that does not establish that the Nollans (and other coastal residents) alone can be com-pelled to contribute to its realization. Rather, California is free to advance its “comprehensive program,” if it wishes, by using its power of eminent domain for this “public purpose”. Nollan v. Cal-ifornia Coastal Comm'n, 483 U.S. 825, 841–42 (1987).”The Bills have not been amended to pro-vide for just compensation for the taking of private rights despite the constitution-al requirement that the State do so. Rep-resentatives of the NJLTA have appeared before the Senate and Assembly Com-mittees to speak against adoption of the two Bills in their present form and are monitoring the Bills’ progress through the Legislature. ■

26

VENDOR’S CORNER

Summer 2017

27

CHANCERY ABSTRACTSFull Spectrum Services strives to give you the most complete Chancery Abstract possible. It is one of the many services we provide to the Title/Fore-closure industry. In addition to Chancery Abstracts we offer Corporate Status Searches, Franchise Tax Searches, UCC Searches, Certificates of Good Standing, Incorporation and Formation. We also offer Service of Process, Background Checks, Skip Trace Investigations and County Tax Certifications.

One of our most sought after products is our Certificate of Regularity. This is often confused with a Chancery Abstract, but is primarily a product designed for the foreclosure industry and not the title industry. All pleadings in a Foreclosure action from Complaint to Final Judgment are submitted by the Attorney for Plain-tiff and reviewed by our Certificate of Regularity team, prior to being submitted to the Foreclosure Unit for approval and filing. Once the Final Judgment has been filed and the Writ of Execution has been issued we then issue a Certificate of Reg-ularity indicating that all pleadings filed in the action are regular as to form.

Chancery Abstracts:The purpose of a chancery abstract is to help the title company to determine whether they are going to issue a title policy on a property that has previously been foreclosed. A chancery abstract is issued after a comprehensive review of the Foreclosure unit’s file has been completed and Final Judgment has been entered.

Let me quickly describe for you, in an abbreviated fashion, what this entails:

• First we review the Complaint to verify that everyone named in the Caption has been properly joined and to determine that their liens/Judgments have not been joined in error. This also includes a

complete review of the legal description and any further information given by the Filing Attorney.

• Next we review service to determine whether everyone has been properly served.

• From service, we move on to the Default package. We need to determine that everyone has been given the proper amount of time to answer before pro-ceeding with the automatic Default.

At this point we review the Motion for Final Judgment to ensure everyone who needs to be given Notice, has been.

• Now we move on to the required mailings; Notice of Motion for Final Judg-ment, Default and Notice to Cure. In my opinion, the Notice to Cure is the most important. This is the pleading that pro-vides the obligor/s the opportunity to inform the Plaintiff they are going to cure the Default prior to Plaintiff ’s applying for Final Judgment. This pleading needs to be mailed to the obligor at any pos-sible address, the mortgaged premises or at the address where they previously have been served with process.

• Our next review is of the Final Judgment package; Search Fees, Certi-fication of Amount Due, Certification of Non-Military Status (the significance of which is that if the Defendant is currently in the military service of the United States or its allies then the Attorney for Plaintiff must provide an Attorney to Defend said Defendant’s interest), and of course the Final Judgment. This is the pleading that Orders that all the joined Defendants have been foreclosed and debarred of any interest in the mortgaged premises so that you as a title producer should feel secure about insuring the subject premises.

There are various post judgment pleadings filed that can affect title. However, with the notable exceptions of the Writ of Execution, Sheriff ’s

Report of Sale, and the requisite mailings (Final Judgment and Notice of Sale), most do not.

At the end of our abstract is the page you all wait for. The Notes page. We here at FSS, feel that it is more conve-nient for you as a Title Agent/Examiner to have any Notes or Exceptions listed in one place instead of being inter-spersed throughout the entire abstract.

As I said previously, this is purely an abbreviated explanation of the process we here at Full Spectrum Services use to provide you the most comprehen-sive Chancery Abstract we can deliver, and I hope it serves to help you under-stand the painstaking procedures we go through to deliver a quality product.

Our corporate search team is striving to become one of the leaders in this highly competitive industry. The majority of our searches provide same day turn-arounds, and ordering from our website makes it convenient for you to combine your orders. Thorough background checks are also provided same day.

As you can see from the above, we offer a varied line of products that serve the Title/Foreclosure industry and we believe that once you try us, you too will become part of the many satisfied customers we service on a daily basis.

Craig Nash Chancery Abstract/Corporate Search Division Manager c.nash@frs-panj.com Full Spectrum Services

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A Tribute to Honorary Member William J. Loughnane, Esq.By George A. Stickel, Esq., C.T.P.

This is the fourth in a series of articles focusing on Honorary Members of the New Jersey Land Title Association and the fourth about an officer of New Jersey Realty Title Insurance Company. The current subject is William J. Loughnane, Executive Vice-President, who managed the company’s Trenton and Princeton offices for many years.Bill Loughnane was born in Bronx, New York in 1931. He was the product of a Fordham education. He graduated from their Preparatory School and went on to receive both his undergraduate degree and his law degree from Fordham Uni-versity. Bill also served in the United State Marine Corps as a first lieutenant. His entire professional career of over 35 years was spent at New Jersey Realty where he rose to Executive Vice-President. He retired from NJ Realty in 2002 and spent much of his free time in support of Cath-olic missions. He and Josephine, his wife of 55 years, lived in Washington Cross-ing, NJ for 44 of those years. They raised a son, Michael, who provided them with four grandchildren.Mr. Loughnane represented NJ Realty on the New Jersey Land Title Association Board of Governors for many years. He moved up through the chairs and served as President before being presented with an Honorary Membership.Bill and I were managers of NJ Realty offices in adjoining counties; he in Mer-cer and me in Middlesex. The way that NJ Realty sales credits were structured, we were often in competition for the same projects. If a Princeton attorney had a large deal in Middlesex, Bill would get credit for it. As southern Middlesex County, particularly land along Route One, is considered “Princeton,” I lost a lot of deals to Bill and his Trenton Office. More than once, he and I would meet at the location of a proposed transaction to discuss dividing the proceeds. One site, the location of a rubber manufacturer, had serious toxic waste issues that were obvious as we plodded around the prop-erty in our boots. We concluded this deal would never close, and it did not. Another

of our walks was through wooded South Brunswick acreage proposed as a business/transportation hub along New Jersey Tran-sit’s Northeast Corridor line. To this day, 35 years later, the project still exists only on paper. I was envious that Bill’s office had a daily takedown of all documents recorded in the Mercer County Clerk’s Office. Every time a document was recorded, a copy would be provided to NJ Realty and made a permanent part of their title plant. Bill’s employees could do searching in their own office without the need to visit the Mercer County record room. At the time, this was extremely innovative.In 1993, the new owners of New Jersey (Realty) Title decided to close my New Brunswick office and merge it into Bill’s Princeton office with me as manager and Bill as senior executive. I left the company to open my own agency before that pro-posal was implemented.One of the nicest perks at New Jersey Realty was that office managers were invited to attend the New Jersey State Bar Association meetings each year, regard-less of where the meetings were held. I remember becoming completely lost in the city of Winchester, England due to its perplexing street layout. I was due back at the tour bus by 4pm but had no idea how to find it. With a map open in front of me and a befuddled look on my face I glanced up to see Bill and Josephine around the corner. I was visibly excited to see them. Bill, the former Marine, good naturedly chided me that as a title guy who reads surveys I should have had a better handle on how to read a tour map.Bill was fond of saying that he loved every aspect of his job with the exception of personnel issues. Nevertheless he was well loved by all of his employees and they were extremely loyal to him.Among the many professionals Bill trained over the years was an exemplary salesman for the Mercer County area who became highly skilled in title and management. The salesman remained loyal to Mr. Loughnane. When New Jer-sey Realty opened their New Brunswick office in 1978, the salesman was trans-ferred to help run that office, but not to be manager, as company policy at the time mandated that all managers be attorneys. When I was chosen to manage the New

Brunswick office the salesman had a difficult time adjusting to the fact that this young lawyer (me) could adequately serve the book of business the sales-man had newly developed in Middlesex County. He was correct to challenge my inexperience but his style was off-putting. We spent many an evening after work yelling at each other with no clear winner. He was disappointed that I was invited to represent the company at Bar Conven-tions, rather than he and his wife. When he discovered that I used company funds to take my girlfriend on one of the trips he became incensed. He visited his old boss, Bill Loughnane, now the Executive VP of the company, and questioned why I should be allowed to use company funds to take a girlfriend to the Bar Convention in San Juan when that money should have been used to send him. I received a call that I would be visited in my office the following Monday by the NJ Realty President, Senior VP and Executive VP. I had no idea that my choice of traveling companion would be the focus of the discussion. I was told that the salesman had threatened to leave the company and that it was to be either him or me. The bosses left my office with that decision unresolved. The next thing I heard was that the salesman took a job with another company. I do not know if he jumped or was pushed. I survived, scarred, but undeterred. And I took my girlfriend to the Bar Convention in Maui the next year (only to get into further trouble discussed in the previous issue of the Advocate).My memory of Bill Loughnane is of a quiet, gentle man you would never have perceived as a former officer in the Marines. He and I often disagreed, but we always got along. Bill died in his home at age 81 on August 26, 2012 after having dutifully served the title industry for over 35 years. ■George A. Stickel, Esq., C.T.P. is a Third Generation, 45 year veteran of the title industry, now retired. George is a Past-President and Honorary Member of the New Jersey Land Title Association and a contributing writer for the Advocate. George indicates that Mr. Loughnane was a man of considerable talent who very much kept to himself. As a result, while this article is based upon fact, the stories should be considered commentary and opinion.

VENDOR’S CORNER

Summer 2017

29www.TitleIndustryProtectors.com

E&O CYBER FIDELITYCompetitive Cost Comprehensive Coverage Personal Service

We have seen a dramatic infl ux of clients in the title industry impacted

by phishing attacks in 2016 and expect to see the number continue to grow in 2017.A title agent’s escrow account is vulnerable to attack due to the large sums of money that pass through each day. Hackers are getting into the computer systems and email accounts of consumers and real estate professionals, allowing them to have access to upcoming transactions. Once they have the closing date, it is easy for them to send an email, posing as the real estate broker, with wiring instructions.Th e change could be to a diff erent account number or diff erent bank all together. If the bait is taken, the funds are cleared out of the agents account in seconds.While scammers have become very tricky in their schemes, here are things you can do to help prevent falling victim to attacks:• Always call the company and verify

any email instruction received using a phone number you have from an account statement.

• Do not click on any links, especially ones that bring you to log in to account information or prompt you to fi ll in any data fi elds. Try opening a new browser and typing in the address you need to go to. Do not copy it directly from the email.

• Th e links provided in a malicious email or URL will often look identical to an offi cial website. If you hover your cursor over the URL provided, you can view a text of the real URL being used instead of the shortcut shown. Pay attention to spelling variations or diff erent domain usage (e.g., .com versus .net).

• If you are giving fi nancial information on the web, make sure the site is secure. Look for a URL that begins with https. Th e “s” stands for secure.

• Do not open attachments unless the source is confi rmed. Attachments can be infected with malware that can be downloaded to your machine. Spyware can track your keystrokes to gain information on your passwords, account numbers, social security numbers, etc.

• Review email subject lines and message content carefully for misspelling, odd requests or poor grammar usage.

• Use the security features of your browser, IT and email provider for anti-spam and phishing prevention and keep them up to date.

While these extra steps may take extra time, they are proven to help avoid losses stemming from phishing schemes. All employees should be made aware of these risks and how to prevent them from occurring.

Jennifer Holt is the Professional Liability Program Manager at the Merriam Insurance Agency, she can be reached at: 877-637-7426 ext. 206 or Jennifer@MerriamInsurance.comYou may also send any inquiries to www.requesttips.com

We expect to see the number of PHISHING attacks continue to GROW in 2017...

VENDOR’S CORNER

30

June 20174th – 6th New Jersey Land Title Association – Annual Convention The Sagamore – 110 Sagamore Road, Bolton Landing, New York

20th – 21st ALTA Innovation Boot CampNashville, Tennessee

July 201716th – 18th ALTA Large Agents Conference Jackson Hole, Wyoming

August 2017

23rd – 24th ALTA Innovation Boot Camp Baltimore, Maryland

September 2017

October 201710th – 13th 2017 ALTA OneTrump National Doral Miami, Miami, Florida

Would you like your event or continuing education class included on this calendar? If so, please contact Maureen Crowley (Maureen.Crowley@fnf.com or 732-545-1172) for information. Thank you!

Notes from the EditorBy: Nicole Plath, Editor-in-Chief

I am so impressed by the quality and quan-tity of content we have in this edition. Our contributors, sponsors and editorial board do so much to make this publication a success. Their efforts have not gone unnoticed as the Advocate won an award for Best Newsletter of 2016! Our printer, Newark Trade Digital Graphics, submitted our publication to the

DATES TO REMEMBER

The ADVOCATEis an award winning

Newsletter!Congratulations!

NJ Ad Club Jersey Awards for their review of 2016 digital and paper publi-cations. The NJ Ad Club reviewed over 570 entries for over 100 categories and the Advocate scored a win for Newark Trade Digital Graphics as Best Newslet-ter for 2016! I would like to congratulate Newark Trade Digital Graphics and thank them for making our publication so beautiful!

On the MoveBy Linda Martin

Welcome New Member:Chancery Track, LLC

Hamilton, NJ

Congratulations to Heather R. Man-fredi on her new position as Operating Manager for Property Title Group LLC in Parsippany.Best wishes to Bob Nieltopp, Title Agency, Inc. on his retirement after 60 years of dedication to the title industry in New Jersey.His company, Title Agency Inc. has now merged with Suburban Title Examiners in Scotch Plains.Congratulations to Dominic Fahey, Esq. on his new position as SVP of Strategy and Corporate Development for North American Title Group, LLC.Great job! Casey M. Booth has been promoted to VP and NJ State Agency Manager with First American Title Insurance Company.

Summer 2017

31

1911First Charles Jones certified NJ Judgment Search.

1972First fully computerized NJ Judgment Search.

1985First offering of privately developed, certified NJ Tax Search.

1988First Charles Jones certified Tideland Search.

1999First Internet-based system allowing customers to order and retrieve NJ Judgment, Tax, Tideland and other searches.

2002First Patriot Name Search in NJ.

2003First NJ tax computerized system that speeds results from five days to just one!

2008First NJ computerized title plants that speed county search production.

2012Achieved more significant New Jersey real property firsts than anyone in the industry.

TODAYWe continue to branch out to help you succeed.

Call 800-792-8888, or visit signatureinfo.com

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Charles Jones and Signature Information Solutions are registered trademarks of Signature Information Solutions LLC. Data Trace is a registered trademark of Data TraceInformation Services LLC. ©2017 Signature Information Solutions LLC. All rights reserved.

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POLICYThe views and opinions expressed by the authors of the published articles are those of the authors and NOT his / her employer. Consult your underwriter for specific guidelines. NJLTA makes no endorsement of advertisers, nor takes responsibility for the content of the advertisements.

Reach out to over 1,000 industry members! Inquire with Heather Manfredi at heather.manfredi@stewart.com.

100 Willow Brook RoadSuite 100Freehold, NJ 07728

Agency Section Management Board

Editorial BoardEditor in Chief, Nicole Plath

Fortune Title Agency, Inc.973-226-6555 ext 115

nicole@fortunereo.com

Editor, Nancy KochOld Republic National Title Insurance Company

973-471-2400 ext 12404nkoch@oldrepublictitle.com

Editor, Melani DiGeronimoFortune Title Agency, Inc.

973-226-6555 ext 122melani@fortunereo.com

Advertising, Heather ManfrediProperty Title Group, LLC

973-321-3369hmanfredi@propertytg.com

Calendar, Maureen Crowley-UnsinnFidelity National Title Group

732-545-1003maureen.crowley@fnf.com

On The Move, Linda MartinSignature Information Solutions LLC

800-792-8888 ext 57025lmartin@signatureinfo.com

Industry News, David PenqueFirst Jersey Title Services Inc.

201-791-4200dpenque@firstjerseytitle.com

New Jersey Land Title Association OfficersPresident, Anthony Floria-Callori

Prestige Title Agency, Inc.973-239-0101

Anthony@prestigetitle.net

First Vice President, Scott K. Sumner, Esq.Fidelity National Title Group

201-270-5489Scott.Sumner@fnf.com

Second Vice President, Marilyn HenshawProperty Title Group, LLC

973-898-0377mhenshaw@propertytg.com

Secretary/Treasurer, Sara G. Valenz, Esq.973-255-9269

Exec. Director, Edward C. Eastman, Esq.Davison, Eastman & Munoz, PZ

732-683-9660eeastman@njlta.org

Chair, Jason DombrowskiVintage Title Services, LLC

732-967-6590 ext 305jasond@vintagetitleservices.com

Treasurer, Vice Chair, Dawn A. LagowskiNew Dawn Title Agency

732-289-6212, ext 101dawn@newdawntitle.com

Secretary, Nicole PlathFortune Title Agency, Inc.

973-226-6555 ext 115nicole@fortunereo.com

Trustee, Tom GrantPrestige Title Agency, Inc.

973-239-0101 TGrant@prestigetitle.net

Trustee, Kathleen Lockwood1st Title of Central Jersey, LLC

732-431-1424KathyL@1sttitlecj.com

Trustee, Peter Casey WallFoundation Title

856-834-2600p.wall@ftnj.com

Trustee, Paula M. Zwiren, Esq.Zwiren Title Agency, Inc.

855-994-7365Paula@ZwirenTitle.com