Issue No. 158 | February 12, 2020

Look For NEW Events Posted Since The Last Issue!
Condition Precedent / Summary Judgment: Master association was not an owner of the condominium association and lacked standing to defend litigation based upon condominium association’s alleged failure to satisfy condition precedent of securing three-fourths vote of the owners prior to initiating litigation – De Soleil S.

A series of proposed legislative and administrative changes to the Federal Housing Administration’s (FHA’s) Home Equity Conversion Mortgage (HECM) program have not moved forward in Washington, D.C., as politicians in the nation’s capital have focused on other, more tumultuous and immediate concerns.

New Jersey county clerks and registers may not charge a convenience fee for the electronic filing of property-related documents because that fee isn't authorized by law, the state's high court determined Tuesday in handing a victory to a land title industry group.

SingleSource, a provider of title and settlement, valuation, real estate-owned (REO) asset management, property preservation and document management services, says it is now offering a deed-in-lieu title product that provides full, state-driven searches at 20, 40 and 60 years.

It’s rare that leaders talk about the role of emotion in business. Leaders are to be objective, strategic, calculating. Some leaders, however, know the importance of balance.

Effective January 1, 2020, Oregon implemented new notice requirements regarding rights of redemption after a foreclosure complaint has been filed. For additional details, see WBK’s prior article on Oregon’s passage of Senate Bill 11, which includes the modified requirements.

The petition to quiet title was filed Jan. 28 against the unknown heirs of Paul H. Easby and J.W. Rodgers, both deceased, and any and all claimants to the title of the property.

Transfer on death deeds, legal in Texas since 2015, have been heralded as the latest, greatest method for keeping real property out of probate. The goal behind them is laudable: Provide a simple mechanism for transferring ownership of land to a beneficiary when the owner dies, no probate required.

The recent decision of the Bankruptcy Court for the Southern District of New York in In re AAGS Holdings LLC, Case No. 19-13029 (SMB) (Bankr. D. Del. Nov. 12, 2019), underscores the ability of debtors — and specifically, for purposes of this client alert, parties to real property purchase contracts — to take advantage of the Bankruptcy Code’s 60-day tolling period to get more time to close on a purchase despite a “time of the essence” (TOE) closing deadline.

In this podcast, Elizabeth Reilly from Fidelity National Financial joins Carlton Fields’ attorneys Jack Clabby, Joe Swanson, and Steve Blickensderfer as they answer real questions from real members of the American Land Title Association on compliance in the current data privacy framework and the future of privacy.

Can the location of an outhouse grant title to a portion of the neighbour’s land? This was the smelly issue facing the Court in a matter that went through a seven day trial followed by a recent trip to the Ontario Court of Appeal.

What a day it was when the patriarch affixed his thumb print to the title deed. Mbucho Waweru thought he had secured the heritage of his two wives and their children.

Believe it or not, lawyers do not love boundary disputes. Costly and protracted litigation over small parcels of land is rarely in the client’s best interests, especially if (as is often the case) the dispute is not really about the land itself but some breakdown in neighbourly relations. These antagonisms are usually worsened by court proceedings, whoever wins.

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Sitting on the shores of the Missouri River, as well as at the edge of an Arnold Palmer-designed golf course, this property is in a 2,000-acre master-planned community with about 1,250 homes, about five miles south of North Sioux City, S.D., and seven miles west of downtown Sioux City, Iowa.

Inspired by the nature around her, artist Katie Holten recently developed the New York City Tree Alphabet. Each letter is represented by an illustration of a different type of tree found in NYC. The letter A, for example is depicted as an ash tree, and the letter O is illustrated as an oak.

Phones left in taxis. Briefcases forgotten under train seats. Dropped wallets, abandoned umbrellas, misplaced purses. Japan’s 126 million residents lose a vast number of personal items every year. But a remarkably high percentage of them are returned to their rightful owners. As a recent BBC story reported, 83 percent of cellphones lost in Tokyo, for example, are eventually retrieved. 

Tucked among the pines in Evergreen, CO, is a charming cabin with a checkered past. It was previously used as a meth cook house and remains contaminated at potentially dangerous levels. The listing details read like something out of “Breaking Bad” and helped make the hazardous home this week’s most popular place on

The Wyoming Supreme Court has issued an order enjoining Freedom resident, Clyde Wallace Stock, from engaging in the unauthorized practice of law.

Marianne Mathieu, NTP
Vice President/National Agency Accounts
Fidelity National Financial
(347) 987-0677