Issue No. 222, May 5, 2021


EVENTS
Look For NEW Events Posted Since The Last Issue!
INDUSTRY
Racist restrictions in old home deeds across Washington state will get expanded scrutiny
Racial covenants prohibited people of certain races, nationalities and religions from living in certain neighborhoods until housing discrimination was outlawed in the 1960s. The language hasn’t been legally enforceable in decades, but remains in old property records.

FinCEN Again Extends GTO Regarding Real Estate and Money Laundering
As we previously have observed, the constant renewals of the real estate GTOs — first initiated in January 2016 — appear to represent an inevitable march towards the issuance of regulations under the Bank Secrecy Act regarding real estate transactions.

Blockchain Could Streamline Ownership Verification, But Title Companies Aren’t Going Anywhere
Industry experts say that as blockchain becomes more readily used in the buying and selling of property, title companies will be less necessary. But the sluggish pace of digitizing public records, coupled with the complexities of actually evaluating legal ownership of a property, could keep title companies functioning as-is for at least another decade.

New York Amends Power of Attorney Provisions
New York recently adopted Senate Bill (SB) 888, which, among other things, adds a requirement that two disinterested witnesses sign a power of attorney form and makes technical changes to the power of attorney statutory short form. The provisions of SB 888 are effective on June 13, 2021.

Will California Authorize Remote On-line Notarization?
One of the many inconveniences imposed by the Covid-19 pandemic has been the difficulty in obtaining notarization of documents. Yesterday, Secretary of State Dr. Shirley N. Weber held a Zoom hearing to discuss whether remote notarization should be permitted in California. The hearing was attended by more than 500 persons and included proponents and opponents of the concept. The Secretary of State announced that she currently has no position on the idea.

LEGAL
Water Law 101: Part 5, more groundwater — wells
Part 5 of a series about basic water law in the United States, predominately in the western part of the country, and how it affects this finite resource. Water law can be traced back to Roman times and also has roots in English common law. Across the United States, it varies from state to state, and from East to West.

Lien Priority Statutes And Why They Make Sense
A unit owner stopped paying assessments. The condominium association properly recorded and perfected a lien against the unit for those assessments. Under the applicable Oregon statute, the condo association lien is prior to all other liens, except tax liens and a first mortgage or deed of trust.

Tomechko v. Garrett - Ohio’s Seventh District Holds Adverse Possession of Shallow Gas Covers All Gas
Tomechko is important because it adds to Ohio’s jurisprudence related to whether a conveyance or reservation of “minerals” includes oil and gas. However, its greater significance upends the law of adverse possession, holding that adverse possession of shallow oil and gas will constitute adverse possession of all oil and gas on a parcel where the shallow production “modified the subterranean structure.”

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Deeds of Trust and Community Property
A deed of trust beneficiary usually feels pretty confident with the validity of the deed as long as it is signed by an owner of the property.

But when the property constitutes community property of a married couple, is the signature of one spouse enough?

WORLD
Did I buy a condo on stolen land? How purchasing my first home made me question property rights
Last fall, I bought a condo in Montreal's Mile End with my partner. It felt like a real accomplishment: I had a bright, two-bedroom apartment in a neighbourhood I love. However, one thought lingered. In land acknowledgments, it's usually said Montreal is on unceded land because Indigenous people in the region never surrendered the land to the French during colonization.

Buying and Selling Real Estate in Turkey (Updated)
Pursuant to Turkish laws, a real estate sale and purchase agreement shall be in an official form and the transfer of ownership of real estate is only possible with an official deed and registry, which is signed at the Land Registry Directorates. It is also possible to sign a real estate sale commitment agreement that sets forth the conditions of the sale before a notary public

Business Clinic: Help needed with unpleasant land issue
The potential trespass is in the form of boundary encroachment. In a boundary dispute there are often two elements which are of roughly equal importance.
First is the correct location, on the ground, of the true legal boundary which was created when one piece of land was split from another. The second is adverse possession.

TECHNOLOGY
He tried to cash in on the NFT craze by auctioning a house. It didn't work
For months, Shane Dulgeroff had watched NFTs -- or non-fungible tokens -- for pieces of digital art, baseball cards and other collectibles sell for mind-boggling amounts.Then, the 27-year-old California real estate broker had an idea. What if he commissioned a digital rendering of a home that he owned and auctioned it off as an NFT, along with the real world property?

Two More States Adopt NAIC Model Data Security Law
The National Association of Insurance Commissioner (NAIC)’s model data security law (“Model Law”) was recently adopted by Maine and North Dakota. This addition brings the total number to states that have joined the NAIC Model Law to 13.

PEOPLE IN THE NEWS
FNF appoints associate regional underwriting counsel
Fidelity National Financial (FNF) - Florida Agency Operations announced the promotion of Rick Rivas, state counsel for Florida, to associate regional counsel for Florida, Puerto Rico and the U.S. Virgin Islands

Vanished attorney’s mother claims son forged her signature on loan docs
Real estate attorney Mitchell Kossoff allegedly forged his 94-year-old mother’s signature to take out more than $2 million in loans before he went AWOL earlier this month.

A Columbus Teen Becomes One Of Ohio’s Youngest Homeowners With An Assist From A Harlem Globetrotter
At 19, Chloe Green may not be the youngest U.S. teen to buy a home, but she is among a select group of Gen-Z homebuyers who are hoping the trend takes off.

OTHER TRENDING NEWS
0 Patience Way: The Only House on a Tiny Landmass in Rhode Island Can Be Yours for Less Than $400,000
If you’ve ever dreamed of living in a home surrounded by a moat, you may be a misanthrope. But you’re also in luck. A new real estate listing is promising modern seclusion in Rhode Island, where a cottage up for sale happens to be the only property on an island.

1899: Tom the Terror, the Brooklyn-Born Ship Cat of the United States Navy
When the United States Navy gunboat Annapolis arrived in New York in September 1899, Commander Ingersol told his crew he would provide them as much shore leave as possible. One crew member, however, was not permitted to go on land. That was Tom the Terror, the official rat killer and feline mascot of the USS Annapolis.

10 Pieces of Playground Equipment that Nearly Killed Your Grandparents
With equipment that made a mockery of the universal conditions of gravity and physics, the schoolyards of the early 20th century were a treacherous labyrinth of concussion and contusion. Grandpa always said he was tough—but even if you don’t believe that he walked eight miles uphill in the snow to school every day, these vintage playground devices were truly perilous

Paw and Order: Dormie, the Dog Who Went on Trial for Cat Murder
The defendant was said to have arrived to court in good spirits on the morning of December 21, 1921. He had exercised, eaten a full breakfast of sausages, and had received well-wishes from the children in his neighborhood, who gave him comforting pats on the head before he was carted off

Terrible Real Estate Photographs
Inexplicably bad property photographs. It's that simple.

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