Issue No. 168 | April 22, 2020


EVENTS
Look For NEW Events Posted Since The Last Issue!
INDUSTRY NEWS
Foreclosure: Where the foreclosure defendant was properly served, and default and default final judgment was entered against said defendant, the defendant can only contest the unliquidated damages (not the liquidated damages, which include attorneys' fees less than 3% of the principal amount of the mortgage) - MacDonnell v. U.S. Bank N.A., No. 2D19-432 (Fla. 2d DCA Apr. 1, 2020) (affirmed in part, reversed in part, and remanded).

On April 6, the Virginia governor signed HB 819 to add additional sections to the state code related to real estate settlements and settlement agents. Among other things, the amendments discuss the prohibition against the “payment or receipt of settlement services kickbacks, rebates, commissions, and other payments”—whether directly or indirectly—pursuant to an agreement or understanding to refer business incident to a settlement.

Although the COVID-19 pandemic is requiring changes in standard practices, many commercial real estate transactions are continuing to close—albeit with various logistical adjustments. To help keep closings on track, we discuss below steps that may require more planning.

The global COVID-19 outbreak has encouraged widespread orders to protect renters and owners of commercial and residential real property. In this 50 state-by-state survey we offer a summary of cities and states that have enacted policies or implemented moratoriums for evictions or foreclosures due to COVID-19.

LEGAL NEWS
New York's 95-year-old fraudulent conveyance law embodied in Article 10, Sections 270-281 of the Debtor and Creditor Law (NYDCL) has been replaced pursuant to the UVTA with new Sections 270-281.

Dec. 6, 2019 Gov. Andrew Cuomo signed into law New York state’s version of the Uniform Partition of Heirs Property Act (RPAPL §993) (UPHPA). Practitioners should be aware of the pitfalls this new law brings to partition actions.

Indiana Governor Eric Holcomb has extended the State’s Stay at Home Order in Executive Order 20-22 until May 1, 2020. 

County offices across the country are closed due to COVID-19, possibly precluding lenders from recording mortgages or deeds of trust on recently originated loans. 

TECHNOLOGY & SOCIAL MEDIA NEWS
New Jersey Gov. Phil Murphy signed A.B. 3903 on April 14, immediately but only temporarily authorizing the conduct of remote online notarizations, or RONs, by New Jersey notaries. This bill is a stripped down version of a prior bill, S.B. 3147,[1], and similar to another bill, A.B. 3864, which was passed by the legislature on March 19 and is as yet unsigned.

Pursuant to Colorado Statute, a document must be executed in the physical presence of a notary in order for the signature on the document to be notarized. This is true even where the document is electronically signed and electronically notarized. 

Recently I had my first-ever experiment with training a neural net to generate images, when I trained StyleGAN2 to generate screenshots from The Great British Bakeoff. 

The Digital Planning Podcast is designed to educate individuals about all things digital in connection with estate planning, business planning and estate administration. Your hosts, Jennifer Zegel, Ross Bruch and Justin Brown, will guide you through the digital world and aim to keep you informed of developments and updates in this ever-changing space.

Pennsylvania Gov. Tom Wolf has signed Senate Bill 841, now known as Act 15 of 2020, into law, allowing remote notarization of documents, municipalities to meet by telecommunication devices and flexibility with property tax deadlines.

TITLE AGENCY & PEOPLE IN THE NEWS
Golfers know how difficult it is to get a hole in one. Two? Nearly impossible for most. Three is monumental, but it’s a feat that former ALTA President John Cathey achieved during his life.

A former senior vice president of policy at The American Land Title Association (ALTA), in his new role with CREFC, Ailes is dedicated to the $4.4 trillion commercial real estate finance industry, monitoring and influencing the legislative and regulatory environments and enhancing the industry’s PAC in order to support CREFC’s advocacy efforts.

Title Agents Go Nationwide
For agents interested in growing their businesses by expanding into multiple states, we’re here to make the process simple and profitable. We offer you one point of contact to streamline your options and solutions...

OTHER TRENDING NEWS
In the early part of the 20th century, a team of cameramen with the Swedish company Svenska Biografteatern were sent around the world to take footage of well-known places.

You charted how your homes, neighborhoods, cities and countries have transformed under social distancing and stay-at-home orders around the planet, from daily work routines and the routes of your “sanity walks,” to the people you miss and the places you fled.

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