Members,
The Liaison Committee met Wednesday, September 11, 2024, at 10:00 at Martin’s office and via ZOOM. Some of the issues discussed included:
1. Matt gave a DOI update. There were no new consumer issues. Exams continue to progress per schedule. The DOI rules, including for Good Funds amendments, were published and the next hearing for comment is September 23 and comment period ends on September 25. Matt advised the same drafts previously reviewed and subject to prior hearing were unchanged regarding the Good Funds provisions. Matt advised the DOI has 4 bills they are proposing for the upcoming session – 1) Insurance Data Security Act; 2) Group Capitol which monitors solvency and is an NAIC requirement for accreditation; 3) Unfair Trade Practices amending 41-1314 to create an exception for device mitigation; and 4) Wildfire mitigation pool.
2. Martin gave a legislative report. The HOA Mgmt. and fee issue is still alive despite repeated legislative attempts to put the issue to bed. HOA’s continue to charge to receive the statement in violation of law. They have a third-party agent provide the statement who charges and the HOAs say this is not their charge and is just a processing fee. If you have examples, please contact Martin and provide documentation. It is also recommended that clients go to the Attorney General Consumer Protection site and file a complaint. This will help establish a record with the AG’s office and help when we meet with the AG to seek enforcement of the violations.
3. ILTA will sponsor a homestead bill (Bob’s Bill). The proposed language has been circulated to the realtors and lenders without note. The bill would eliminate the need for a spouse to sign when separate property of one spouse is being sold or encumbered. This amends I.C. 55-107.
4. Martin met with Judy Boyle, who was the sponsor of the foreign investment law, on amendments to include divestiture and enforcement procedures. Rep Boyle will reach out to the AG to see if they will support enforcement.
5. Short term rentals, homeowner’s exemption, and flip transactions remain on the agenda and we will monitor with the realtors to see if they will be on their 2025 legislative agenda. The homeowner’s exemption bill from the realtors focuses on the pro ration. However, a new wrinkle has developed where Counties are inconsistent in their interpretation of the requirement of a driver’s license or state card as part of the exemption application. Some Counties are requiring the driver’s license or state card be Idaho issued. This impacts incoming owners who don’t have an Idaho license or state card. Uniformity would be helpful. This wrinkle is now on the realtor’s radar.
6. We continue to monitor the SOS and secured docs issue.
7. John brought up transfer fee covenants as this issue is rearing its head in UT. Wade explained what the issue is in UT. Bob confirmed they were prohibited in ID so we shouldn’t have a problem.
8. UWM and Alita Group (Voxtur) AOL’s was discussed. No new info was shared. Please keep your ear to the ground and gather documentation so that the info can be presented to Matt.
9. Tied to this is the mission creep of Fannie Mae and the pilot title waiver program that Pres. Biden touted in his SOTU as a means to save first time homebuyers money in real estate purchases – total unsubstantiated nonsense. The GSE’s acting as title insurers is not only outside their charter but in violation of state regulation – much like what it sounds like UWM and Alita Group are doing with AOLs. We need to be vigilant and get documentation to the DOI.
10. On a side note, to the actions in #9, the Board approved introduction of a Resolution from ALEC supporting state regulation of insurance.
11. Vacant land fraud was discussed as a very relevant and ongoing issue despite the amount of discussion and seminars. We will target in the fall for a webinar with the realtors.
12. Other issues discussed that are ongoing and will remain as topics for discussion are plant subscriptions allegedly in the works in Ada County – Matt advised the DOI does not consider a subscription tantamount to a lease; the CFPB interest in addressing contracts for deeds; and, tax foreclosure laws and possible requirements that any profits go to the original owner.
13. ILTA social media presence was discussed. Members and affiliates are encouraged to follow the ILTA on LinkedIn, Facebook and Instagram. Invite your contacts to follow.
14. Stay tuned for fall webinar announcements. The annual Ed Seminar is changing from March to August 10-12 at The Riverside in Boise. The Legislative Breakfast will continue as a stand-alone event in January or February.
15. See the attached challenge from Marie Hunter for members to obtain their ITP designation with a special added incentive from former ILTA President and ITP wannabe, Cameron McFaddan, who is working to get his ITP.
16. The next meeting is on Wednesday, October 9 at 10:00 at Martin’s office at 599 W Bannock and via ZOOM. This meeting will also be a special session to vote on the Board proposal to amend the By-Laws to clarify that dues are required from members in all Counties they are licensed in. The proposed amendment is shown by adding the language in yellow and deleting the language in red:

“Any individual, partnership or corporation entitled to active membership in the Association, as herein defined, which is licensed maintains an office in more than one county, must qualify each county license office under the provisions of this section for membership in this Association.”

A second proposed amendment to the By-Laws is adding a Technology Committee to review and monitor our social media presence and website to enhance communication to our members and for outreach.
The ballot is attached.
VOTING WILL BE BY VOICE AT THE LIAISON MEETING AND BY RECEIPT OF THE COMPLETED BALLOT IF RECEIVED BY EMAIL TO jholt@oldrepublictitle.com PRIOR TO THE 10:00 AM (Mountain time) LIAISON MEETING.