Issue No.229, June 23, 2021

Look For NEW Events Posted Since The Last Issue!
Fair Isaac : Raising Elder Fraud Awareness to Prevent Real Estate Scams
It's June, a special month for honoring loved ones, especially parents and grandparents by raising Elder Abuse Awareness. World Elder Abuse Awareness Day is officially June 15th and it's an ideal time to educate oneself on how to protect elders from becoming victims of financial abuse.

Reps Reintroduce Remote Online Notarization Legislation
Reps Madeleine Dean (PA-04), Kelly Armstrong (ND-At Large), and 31 of their colleagues introduced the bipartisan SECURE Notarization Act of 2021 that will update and modernize our notarization process in and outside of the United States.

Real Property, Financial Services, & Title Insurance Update: Week Ending March 19, 2021
FCRA: Charged off account appearing on credit report was not a factual inaccuracy, but a legal dispute, and could not sustain cause of action under FCRA – Erenthal v. Experian Info. Sols., Inc., No. 2:20-cv-02785 (C.D. Cal. Feb. 26, 2021) (granting motions to dismiss with prejudice)...

Real Property, Financial Services, & Title Insurance Update: Week Ending March 26, 2021
Foreclosure: Trial court cannot arbitrarily reject evidence or testimony in a mortgage foreclosure proceeding, and lender that proved elements was entitled to foreclosure judgment – U.S. Bank, N.A. v. Devoe, No. 5D20-7 (Fla. 5th DCA Mar. 26, 2021) (reversed and remanded)

Juneteenth holiday sparks chaos for lenders, LOs
On Thursday, President Joe Biden signed a bill into law, declaring June 19th, or Juneteenth, a federal holiday. Biden’s order commemorates the date the last enslaved African-Americans were informed that they were free. Wonderful news, right? Wrong. Reached Friday, many mortgage industry professionals were doing damage control — delaying closings, pushing back notices and modifying loans. Others had already left for the beach.

Colorado Amends Foreclosure Sale Provisions
Colorado recently enacted House Bill (HB) 21-1224 to amend provisions governing overbids in connection with the foreclosure sale of real property. The bill was approved on May 28, 2021, and took effect immediately.

Improper Service Puts Real Estate Title In Jeopardy
On June 17, 2021, the Illinois Supreme Court issued an opinion resolving a split in the appellate courts on whether or not a summons can be properly served in Cook County, Illinois by someone other than a Cook County Sheriff if the case is not one that was filed in Cook County.

Fifth Circuit Affirms Bank’s Perfected Delaware UCC Lien Has Priority Over Texas Oil Producers’ Statutory Lien on Proceeds
The Uniform Commercial Code was established to provide predictability and conformity in commercial transactions. Certain states have adopted nonstandard UCC provisions, which create an unreliable and unpredictable market for secured creditors. In addition, statutory liens, which are liens arising under federal and state statute, may disrupt the priority of secured creditors' interest in a debtor's assets. In re First River Energy, L.L.C. (986 F.3d 914, 917 (5th Cir. 2021)) illustrates the issues arising from the competing interests of secured creditors under the laws of different states.

Wilton landowner takes retail plaza operator to court over sign
The owner of the land where a Walgreens pharmacy sits at Old Gick Road and Route 50 is suing the operator of a retail plaza next door, saying it placed the sign on the Walgreens property without permission many years ago.

2nd Circuit Finds Standing for Violations of State Mortgage Satisfaction Recording Rights
The U.S. Court of Appeals for the Second Circuit held last month that state legislatures may create legally protected interests whose violation support Article III standing, subject to certain federal limitations, on interlocutory appeal from a motion for judgment on the pleadings in a case involving a putative class action suit against a bank for alleged violations of New York’s mortgage-satisfaction-recording statutes. The court held that the New York law violations alleged constitute a concrete harm to plaintiffs in the form of reputational injury and limitations on borrowing capacity.

Try Title vs. Quieting Title: What’s the difference?
If you aren’t quite sure about the difference between trespass to try title and suit to quiet title, Lockhart as Tr. of Lockhart Fam. Bypass Tr. v. Chisos Mins., LLC explains. But first, …

What the Future May Hold for Land Developers and Local Governments: Relief from Burdens on Real Property Rights
Local governments may face challenges as a new proposed legislation regarding relief from burdens on real property rights awaits the approval of Governor DeSantis.

Amada Family Limited Partnership v. Pomeroy: Colorado Court of Appeals expressly affirms the continuing viability of the common-law after-acquired title doctrine and expressly recognizes utility easements by necessity
On May 27, 2021, a division of the Colorado Court of Appeals issued its opinion in Amada Family Limited Partnership v. Pomeroy, 2021 COA 73. In that case, the court decided two significant issues that apparently had never been expressly ruled on by a Colorado appellate court before: (1) that Colorado’s common-law after-acquired title doctrine was not abrogated by adoption of the after-acquired interest statute; and (2) that utility easements may be implied by necessity.

Error found on land titles map may assist city with noise control enforcement of industry
An error surrounding the title and who owns lands used by CN Rail near Prince Rupert’s waterfront has been discovered due to a local group lobbying for improved noise control from increased train traffic, Prince Rupert Environmental Society (PRES) stated in a press release, on June 17.

Lessons Learned From The SolarWinds Cyberattack, And The Future For The New York Department Of Financial Services' Cybersecurity Regulation
In December 2020, a cybersecurity company alerted the world to a major cyberattack against the US software development company, SolarWinds, through the company's Orion software product (SolarWinds Attack). The SolarWinds Attack went undetected for months, as it has been reported that the hackers accessed the source code for Orion as early as March 2020. 1 Orion is widely used by companies to manage information technology resources.

First American Financial Corporation Settles SEC Case for $487,616 for Cybersecurity Data Breach and Disclosure Failures
The Securities and Exchange Commission is gaining traction in the enforcement of cybersecurity and disclosure requirements. The SEC has a lot on its plate these days – ESG, cybersecurity, and the traditional mix of enforcement cases.

Three arrested in property fraud case after an elderly owner discovers lot sold for $230,000
Shirley Gibson, 86, made the annual trek to a county office to pay her property taxes earlier this year, only to be told they were already paid by the new owner.

Advanced Mapping Tech Brings Early European Settlements Back to Life
Jonathan Fowler, DPhil, associate professor of archaeology at Saint Mary’s University, combined a centuries-old map with a modern 3D terrain model to portray Fort Anne and its surrounding in stunning detail — just as the Nova Scotia site looked in 1706.

World's Shortest Border
Until 1934, Peñón de Vélez de la Gomera was a Spanish island off the coast of North Africa.

Welcome to the United Fonts of America
Who isn't fond of fonts? Even if we don't know their names, we associate specific letter types with certain brands, feelings, and levels of trust.

In the mid and late-19th century, photographers captured scenes of New York City life on some of the earliest cameras invented. The advent of the daguerrotype reached the city in the late 1830s, which produced a unique image on a polished, silver-plated copper sheet. Samuel Morse, the inventor of the telegraph, moved to a studio at the corner of Nassau and Beekman Streets, where he instructed aspiring photographers and image-makers.

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