Kaufman and Canoles

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Title Insurance Client Alert - Virginia Federal District Court Rejects Equitable Subrogation Claim
On July 31, 2013, the United States District Court for the Eastern District of Virginia issued a Memorandum Opinion denying Deutsche Bank National Trust Company's equitable subrogation claim.
By James L. Windsor and Title Insurance & Title Resolution

Fair Lending Examination Documents
A priority in 2014 is for federal credit unions to prepare for a NCUA Fair Lending Examination.
By E. Andrew Keeney

Fraudulent Conveyance Risk a Recession Reality
It is unfortunate that credit unions often must deal with insolvent debtors and guarantors. Insolvency of a credit party can leave a creditor in an unanticipated position; namely, with no lien or with an unenforceable guaranty.
By Alfred M. Randolph Jr.

Private Client Services Update - 2013 Virginia Legislative Update - Trusts & Estates Law
The 2013 session of the Virginia General Assembly resulted in several important changes to trusts and estates law, most of which became effective July 1, 2013.
By Sarah E. Messersmith, William L. Holt and Private Client Services

Credit Union Legal Update - Summer 2013
In This Issue:
- Mortgage Lien Takes Priority Over Renewed Judgment Lien
- Post-Repossession Presale Notice Sufficient to Allow Pursuit of Deficiency
- Credit Union Not Liable for One Account Holder Removing Other Account Holder and Withdrawing All Funds
- Bankruptcy Trustee Wins Windfall for Estate, Avoids Refinance Deed of Trust Lien on Wife's One-Half Interest
- Automobile Lien Avoidable in Bankruptcy if Tool of Debtor's Trade
- Inadequate Redemption Notice Bars Credit Union from Recovering Vehicle Loan Deficiency
- Worth Watching: Recently Filed Lawsuits and Hot Topics
By Marc E. Darnell and Brian O. Dolan

Private Client Services Update - U.S. Supreme Court Vindicates Virginia Supreme Court’s “Minority Position” On Federally Governed Death Benefits
In estate litigation matters, which seem to be increasing in frequency as estate planning vehicles become more complex, we often deal with conflicts between how a divorced spouse has said he or she will designate retirement benefits, and what actually has occurred.
By W. Hunter Old, Christopher T. Page and Private Client Services

Title Insurance Client Alert - Recent Case: Lis Pendens Filed within 90 days is Avoidable under 11 U.S.C. § 547
In the case of Terry v. Fidelity Nat’l Title Ins. Co. (In re Ware), 2013 Bankr. LEXIS 1051 (Bankr. E.D. Va. Mar. 20, 2013), the Honorable Douglas O. Tice held that a Lis Pendens filed within 90 days of a bankruptcy petition is, in fact, avoidable as a preferential transfer of property under 11 U.S.C. § 547 along with the reformation action which is pegged to said Lis Pendens.
By Jeffrey L. Marks, James L. Windsor and Title Insurance & Title Resolution