![]() In one instance described at the hearing, the failure to include this description left out critical information that the persons obtaining the refinancing had only a life estate in the property, yet were certifying in other documents they Although the ODC suggested to the contrary, at the hearing Mr. As part of this determination, MidAtlantic employees have decided that the so-called "and being" clause in the deed need not be included in the property description on Exhibit A to the mortgage. Prior to settlement, Mid-Atlantic employees (but apparently not a Delaware attorney) determine which portion of the legal description of the property set forth on the deed should be included on Exhibit A to the mortgage. Perry and Kellas, review the title abstracts to determine whether issues concerning title are present. 5 Two of the individual respondents, Messrs. Prior to the settlement, the lender determines which documents should be used at the closing. In addition, no Delaware attorney reviews the documents used at the settlement. Although Mid-Atlantic has a Delaware attorney on its staff, 4 no attorney is present during these settlements, and in most instances no Delaware attorney is involved in the loan and settlement process affecting Delaware borrowers and Delaware real estate. At these settlements, Mid-Atlantic does not purport to represent the persons borrowing the money (the "borrowers") instead it acts as agent for various lenders 3. 2 Apparently most of these settlements, at least in Delaware, are of refinancings of existing mortgages on residential real estate. 1 In its brief, the Fountainhead Group states that it conducts real estate settlements in Delaware using an attorney licensed to practice in Delaware, but would conduct those settlements without an attorney if permitted to do so. Perry's position, the Board believes that Mid-Atlantic is appropriately bound by the factual record created at the hearing. Perry, a principal of Mid-Atlantic, did appear. ("Mid-Atlantic"), as its name implies, conducts settlements of real estate closings in a number of states, including Delaware. Respondent Mid-Atlantic Settlement Services, Inc. Set forth below are the panel's findings of fact. Essentially all the material facts are undisputed (although the conclusions to be drawn from those facts are frequently hotly disputed). The Office of Disciplinary Counsel (the "ODC") also filed a pre-hearing brief. After the hearing the panel received submissions from both parties 1 and an amicus brief from the Fountainhead Group 2. A hearing in this matter was conducted before a panel of the Board on the Unauthorized Practice of Law (the `'Board") on November 5 and 10, 1998. Holland Justice BOARD ON THE UNAUTHORIZED PRACTICE OF LAW OF THE SUPREME COURT OF THE STATE OF DELAWARE In the Matter of MID-ATLANTIC SETTLEMENT SERVICES, INC., MICHAEL A. Kellas having withdrawn their objections and the Office of Disciplinary Counsel having filed no objections to the Board's Report and, the Court having reviewed the matter pursuant to Rule 9(e) of the Rules of the Board on the Unauthorized Practice of Law, NOW, THEREFORE, IT IS ORDERED, that the Board's decision filed on Ma(copy attached) is hereby APPROVED. Haynie having filed no objections the respondents - Michael A. ![]() ORDER This 31st day of May 2000, the Board on the Unauthorized Practice of Law having filed its Decision with this Court on March 8, 2000, pursuant to Rule 9(d) of the Rules of the Board on the Unauthorized Practice of Law and the respondents - Mid Atlantic Settlement Services and Gregory A. UPL 95-15 Before WALSH, HOLLAND and HARTNETT, Justices. Submitted: Decided: § § § § § § § § § § No. IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE MATTER OF: MID-ATLANTIC SETTLEMENT SERVICES, INC., MICHAEL A.
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