Issue No.230, June 30, 2021

Look For NEW Events Posted Since The Last Issue!
Montana Updates Rules Implementing Montana Mortgage Act
The Montana Division of Banking and Financial Institutions (the Division) recently amended its rules that implement the Montana Mortgage Act (MMA). These changes became effective on June 12, 2021.

TitleWave launches Colorado branch
n a flurry of moves, TitleWave Real Estate Solutions of Jacksonville, Florida has announced a new location in Colorado, two new executive hires, and the launch of its title and search report technology.

A Gift From New York (Without the Rider): New York's Updated Power of Attorney
Effective June 13, 2021, New York updated its Statutory Short Form Power of Attorney, with revisions that should significantly improve the experience for both practitioners and clients alike.

Real Property, Financial Services, & Title Insurance Update: Week Ending April 9, 2021
Foreclosure / Damages: Party seeking foreclosure failed to present competent, substantial evidence to prove the total amount owed on the note – Adamson v. Main Street Oaks, LLC, No. 2D19-3805 (Fla. 2d DCA Apr. 9, 2021)

Real Property, Financial Services, & Title Insurance Update: Week Ending April 2, 2021
Foreclosure / Continuance: Trial court erred by denying joint motion for continuance of trial, and forcing parties to try case, because the parties had settled the main issues in litigation after many hours of mediation, and neither party would suffer an injustice or prejudice as a result of the continuance – James B. Nutter & Co. v. Estate of Cosby, No. 2D19-3547 (Fla. 2d DCA Mar. 31, 2021) (reversed and remanded)

Help Is On the Way: New York Enacts Pass-Through Entity Tax
Prior to 2018, a taxpayer could generally deduct his state and local taxes for purposes of determining his federal taxable income. Beginning in 2018, the Tax Cuts and Jobs Act (P.L. 97-115) significantly changed these rules by generally limiting an individual’s state and local tax deduction to $10,000 per year.

CFPB lets foreclosures resume — but with caveats
Mortgage servicers can resume foreclosures on some borrowers under a set of rule changes by the Consumer Financial Protection Bureau designed to help millions of struggling homeowners exiting mortgage forbearance plans.

Neighbor’s Continued Use of Landowner’s Property for Access and Parking Following Division of Lots at Trustee Sale Established Prescriptive Easement
A California Court of Appeal held that longstanding use of a landowner’s property for access and parking by residents of the adjacent lot had established a prescriptive easement. Husain v. California Pacific Bank, 61 Cal.App.5th 717 (2021).

Sand and Gravel Mine Expansion/Zoning Law: New York Appellate Court Addresses Preemption Issue
The New York Court of Appeals (“Court”) in a May 27th Decision addressed issues associated with the application of a Town’s zoning law to the expansion of a sand and gravel mine. See In the Matter of Town of Southampton, et al. v. New York State Department of Environmental Conservation, et al., 2021 NY Slip Op 03351.

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.

Community Titles Act 2018 (WA) - new law makes new land
The Community Titles Act 2018 (WA) (CT Act) was assented to on 19 November 2018. The majority of the CT Act is yet not “in force” but we expect it soon will be following the commencement on 18 June 2021 of the Community Titles Regulations 2021 (WA).

Supreme Court of Pennsylvania Finds Objection to Affidavit of Service Requirement for a Perfected Mechanics’ Lien Was Not Waived Even if First Raised 5 Years Later
Mechanic’s lien claims, unlike other actions, are created by statute and, as a result, Pennsylvania courts require strict compliance with the statutory requirements to perfect the lien or risk the dismissal of the claim.

Submerged Land Leases
The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (the Board of Trustees) is vested with title to all land lying under navigable waters within the State of Florida, which land is known as sovereignty submerged lands.

Cell Tower Lease, Detached Garage Focus of Pa. Real Estate Cases | The Legal Intelligencer
In Grove v. Lutz, 2021 Pa. Super. 1, (2021), the Pennsylvania Superior Court concluded that a property owner who had previously sold a parcel of real property was not entitled to collect any rents arising from the subsequent renewal of a cellular tower lease on that property.

Supreme Court Issues Major Property Rights Decision in Favor of Landowners, Confirming that Government-Sanctioned Physical Invasions of Private Property are Categorically Compensable Under the Takings Clause
In a 6-3 opinion written by Chief Justice John Roberts, Cedar Point Nursery v. Hassid, __ U.S. __ (2021) (Case No. 20-107), the Supreme Court issued a major property rights decision in favor of landowners in a case addressing California labor union organizing laws that allow union organizers “access” to agricultural employees on employers’ private property.

Podcast: The Rights of Land Owners Impacted by Easements
In this episode of Digging Into Land Use Law, Nossaman Real Estate partners Simon Adams and Karla MacCary get down and dirty and into the weeds of the rights of land owners that are impacted by easements.

Surveyors & Law: Actions to Quiet Title
The process known as “quieting title” is necessary when the ownership of a parcel of land is in doubt.

What To Know About Land Titles In Nigeria and How They Impact Your Property
The importance of Land Titles cannot be over emphasized. People who have taken it for granted have either lost a lot of money or found themselves embroiled in unnecessary litigation.

Hackers exploited 0-day, not 2018 bug, to mass-wipe My Book Live devices
Last week’s mass-wiping of Western Digital My Book Live storage devices involved the exploitation of not just one vulnerability but also a second critical security bug that allowed hackers to remotely perform a factory reset without a password, an investigation shows.

Family with Grant County roots says they've reclaimed legacy with land purchase
With the purchase of land at the corner of county roads 300 West and 600 South in Grant County, Charo Boyd and her family have reclaimed a part of their legacy. Until about two years ago, Boyd’s family never knew the land belonged to them.

Victory against elder abuse in Shirley Gibson case
In the middle of Elder Abuse Prevention Month, three arrests have been made in connection to the real estate fraud scheme that targeted a West Grove native earlier this year, prompting commitments from elected officials to do more to protect seniors.

A U.S. town marooned at the tip of a Canadian peninsula
A Washington state notary public, showed up at the park and shook hands across the border with an American couple living in Canada. She stamped documents allowing them to refinance the mortgage on a house they own in the United States.

Float the Day Away: 12 Fabulous Floating Homes for Sale Right Now
So we invite you to dive in and check out all 12 of these swoon-worthy floating homes up for sale right now. Bobbing in the blue waters off in the Pacific Northwest with a couple of choice picks back East, these beauties are ready for fun in the sun.

Quarantine or Corn Teen? The Most Misspelled Word in Each State
As USA TODAY reports, we now have a new phrase to add to the list of most iconic misspellings of all time: corn teen, a valiant attempt to produce the word quarantine

Patch of dirt hits Toronto market for almost $1 million
 A piece of land in Toronto with nothing on it but grass and dirt has hit the market for nearly $1 million.

Tree cut in half in neighbour row over driveway pigeon poo
A neighbourly dispute over a tree between two drives turned into a "war" when one homeowner cut the intrusive evergreen in half.

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