CREATING A HOUSE STUDY COMMISSION RELATING TO THE PRACTICE OF LAW
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Introduced
By: Representative Rene R. Menard |
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Date
Introduced: May 31, 2002 |
RESOLVED, That a
house study commission be and the same is hereby created to study the practice of law as it relates
to the requirement that attorneys shall be required for the evaluation of the
legal rights and obligations of buyers, sellers, lenders or borrowers in a real
estate transaction, including, but not limited to, representation of the buyer
in examining the title and removing exceptions to the title, supervising the
disbursement of funds and responding to questions and ramifications of a
transaction by which title to real estate is transferred or used as security
for the repayment of a debt or the performance of an obligation, with the
exception of home equity lines of credit in which the lender is acting in a pro
se capacity and no evaluation of exceptions to title is required.
The commission
shall consist of nine (9) members:
(1) Four (4)
members of the house to be appointed by the speaker, at least one (1) of whom
shall be from the minority party; and
(2) Five (5)
members of the public, to be appointed by the speaker.
The purpose of
the commission shall be to study the practice of law as it relates to real
estate closing as set out above.
Forthwith upon
passage of this resolution, the members of the commission shall meet at the
call of the speaker of the house and organize and shall select from among the
legislators a chairperson. Vacancies in said commission shall be filled in like
manner as the original appointment.
The membership
of said commission shall receive no compensation for their services.
All departments
and agencies of the state shall furnish such advice and information,
documentary and otherwise, to said commission and its agent as is deemed
necessary or desirable by the commission to facilitate the purposes of this
resolution.
The speaker of
the house is hereby authorized and directed to provide suitable quarters for
said commission; and be it further
RESOLVED,
That the commission shall report its findings and recommendations to the
general assembly on or before January 1, 2003, and said commission shall expire
on March 1, 2003.