Dear ATG Agent:


A circuit court in Cook County, Illinois, recently issued an order stating that representatives of the law firm of Fisher and Shapiro, LLC reported to the court that in about 1,700 pending foreclosures in Cook County, their law firm had filed an altered affidavit with the court (read the full text).


Fisher and Shapiro handles mortgage foreclosures all over the state of Illinois and ATG is alerting ATG agents to this issue. While the order on its face affects Fisher and Shapiro foreclosures in only Cook County, it is clear that altered affidavits are likely to be found in many of Fisher and Shapiro's foreclosure cases in all counties.


Therefore, it is ATG's requirement that to insure title to real estate when you find a lis pendens or other information that indicates Fisher and Shapiro LLC was handling a foreclosure in the chain of title, you must first contact ATG's Underwriting Department for instructions on whether you can proceed to insure any new transaction.


Thank you for your attention to this important matter. Please contact the Underwriting Department, legal@atgf.com, 217.403.0020, or 312.752.1990, with any questions you may have.


Sincerely,

August R. Butera

Senior Vice President and General Counsel

Attorneys' Title Guaranty Fund, Inc.

Please see the following from the Illinois Department of Financial and Professional Regulation:

• Statement Regarding Changes to Residential Mortgage Licensing Act (RMLA) & Application to the Illinois Anti-Predatory Lending Database (IAPLD)





• Requirements for Private Mortgage Certificates of Exemption

Effective immediately, if ATG is insuring or being asked to record a private mortgage secured by a 1-4 unit, owner-occupied residential property, you must submit a copy of the fully executed note, mortgage, and list of fees charged to the borrower prior to the issuance of a certificate of exemption under the IAPLD program. The Underwriting Department will determine whether ATG can issue an exempt certificate. Please note this should be done several days in advance of the closing. If an exempt certificate cannot be issued, the private mortgage lender may have to apply for an Illinois Residential Mortgage License.


Please contact the ATG Underwriting Department at legal@atgf.com, 217.403.0020, or 312.752.1990, with questions. Thank you.