Issue No.228, June 16, 2021

Look For NEW Events Posted Since The Last Issue!
Real Property, Financial Services, & Title Insurance Update: Week Ending March 12, 2021
FDCPA / Process Server Exemption: Process server exemption to debt collector definition did not support dismissal because of allegations that defendant took on a role beyond solely being a process server when he made false claims about personal service and provided perjured affidavits – Avina v. Patenaude & Felix, APC, No. 3:20-cv-00166 (S.D. Cal. Mar. 9, 2021) (denying in part dismissal motion)

Owner and developer Todd Wood, a former organic food mogul, started his real-estate company almost five years ago to seize on what he saw as an increasing demand for rental housing.

Buckle up: CFPB bringing back regulation by enforcement
The Consumer Financial Protection Bureau is making a comeback. The CFPB, which oversees financial institutions with a keen focus on consumer protection and ensuring financial markets are fair and equitable, was a diminished force during the Trump administration. Large financial institutions enjoyed both fewer enforcement actions and lower civil money penalties.

HB 2009 Extends The Residential Foreclosure Moratorium, But Title Companies Are Concerned
On June 1, 2021, Governor Brown signed HB 2009 into law, extending the residential foreclosure moratorium, most recently extended by HB 4204 during the 2020 Special Legislative Session.

What Happens When Railroad Right-of-Way is Abandoned and Turned into a Public Trail System?
Throughout the United States, old railroad corridors are being abandoned and converted into other uses, such as hiking, biking or other trail purposes. This converted use makes sense, as it is difficult to otherwise compile a long stretch of right-of-way that would be needed to create such trails. But are adjacent property owners entitled to some sort of just compensation when this conversion takes place? 

Ramrodded by the city
The city of Aspen’s counterfeit and fraudulent error has stood uncorrected for six decades. Aspen’s 1959, City Plat Survey, the current referenced bible, specifies that the East Cleveland Street boundary line for only block 34, abruptly jogs from a straight line, 7’ East. This re-specification of Cleveland Street width from 75’ to 82’ is contrary to what was recorded in 1890.

New Arizona law allows debt collectors access to your home's equity
 If you're looking to buy or sell a home in Arizona, a recently signed law could put a wrinkle in the process.

Ag Law and Tax Potpourri
See third case. Plaintiffs’ Use of Road on Defendant’s Property Deemed a Prescriptive Easement
Ramsey v. Keesee, 2021 Ky. App. Unpub. LEXIS 231 (Ky. Ct. App. Apr. 16, 2021)

A couple of loonies was all it took for Woodlands County to fix a longstanding road issue
Andre Bachand, the County’s Director of Infrastructure, explained that a road was re-aligned within the airport property years ago. Unfortunately, the re-alignment accidentally put the road onto private property. “When construction took place, the roadway was not registered nor was the property owner compensated for the land.”

Bankers Insurance wins lawsuit over multi-million dollar property
Bankers Insurance has won its lawsuit against its former majority shareholder Robert Amar and seven of his companies, over ownership of a multi-million property in Port-of-Spain.

Ubitquity Gets Onboard VeChain-Powered Real Items’ Platform to Leverage Its NFT Technology
Ubitquity, a software platform geared towards the blockchain real estate sector, signed a letter of intent with Real Items to leverage its NFT technology. Real Items operates as an anti-counterfeit company running on blockchain technology.

Forgotten Your Passwords? They Soon May Be Lost Altogether – with Insurers’ Help
The most popular password in 2020 was exposed almost 24 million times and took less than a second to crack. While a shocking statistic, when you learn that the most popular password of 2020 was “123456,” this news becomes somewhat less surprising.

The First Woman to Thru-Hike the Appalachian Trail Alone Did It as a 'Lark'
Less than a decade later, a 67-year-old grandmother laced up not hiking boots but sneakers, and became the first woman to thru-hike the trail on her own. While Shaffer’s journey of finding redemption on the trail is better known, Emma Gatewood’s trek is just as compelling: After a lifetime of dire hardship, she was simply drawn to the freedom of a long walk.

Tony the Tennessee Arson Detection Dog Loves His Job
He never eats his food out of a bowl, always feeding from his human’s hand. He has a distinct physical appearance, having lost part of his tail as a puppy. And he’s an accelerant detection dog, working with his handler, Brent Autry, to investigate fires across West Tennessee.

The IVF Cases That Broke Birthright Citizenship
The U.S. had to rethink its definition of parenthood, to account for children born abroad to American parents using egg and sperm donors or surrogates.

Living Not Just by the Water, but Over and Even Below It

Six decades ago, a hotel was built with rooms set on concrete piles placed deep within the ocean floor. The design has been flourishing ever since.

Florida town accidentally sells municipal water tower
 A small town in Florida accidentally sold its water tower in a blundered real estate transaction.

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