Issue No.231, July 7, 2021


EVENTS
Look For NEW Events Posted Since The Last Issue!
INDUSTRY
Native American Tribes Move to Make Real Estate a Force for Renewal
Despite high barriers to entry, tribal leaders are finding more investment opportunities to expand beyond casino revenue and to help their communities.

1031 Exchanges Could Change Forever — What Do You Need To Know?
Like-kind real estate exchanges, known as 1031 exchanges, have been an integral part of real estate investment for the last century. The first like-kind exchanges were authorized 100 years ago under the Revenue Act of 1921.

Ruling Could Portend Shake-Up for Independent Contractor Status of Real Estate Salespeople
A New Jersey appeals court ruling could open the door to a finding that commissioned real estate salespeople are employees and not independent contractors.

Oregon Makes Remote Notarization Provisions Permanent
Oregon recently enacted Senate Bill 765 (S.B. 765), which, in part, amends the state’s notary law to permanently allow remote notarizations. The changes made by S.B. 765 became effective on June 15, 2021.

​Governor DeSantis Signs Bill Reducing Burdens on Real Property Rights​
On June 29, 2021, Governor DeSantis signed an amendment to the Bert Harris Act, CS/CS for HB 421 & HB 1101, making it easier for property owners to challenge local government regulation that burdens, restricts, or limits their property. The bill is scheduled to go into effect October 1, 2021.

Real Property, Financial Services, & Title Insurance Update: Week Ending April 23, 2021
Condo / Attorneys’ Fees: Condominium association that lost on counterclaim against developer was prevailing party on significant issues in litigation by prevailing on developer’s claims and was entitled to attorneys’ fees under declaration – Carrollwood Cove at Emerald Greens Condo. Ass’n, Inc. v. Carrollwood Cove, LLC, No. 2D20-697 (Fla. 2d DCA Apr. 23, 2021) (reversed and remanded)

Real Property, Financial Services, & Title Insurance Update: Week Ending April 16, 2021
TCPA / ATDS: To qualify as an ATDS, a device must have the capacity to store a telephone number using a random or sequential number generator, or to produce a telephone number using a random or sequential number generator – Facebook, Inc. v. Duguid, No. 19-511 (U.S. Apr. 1, 2021)

LEGAL
‘No aloha; no welcome’
Salt Pond acted as a Shelter-In-Place site where the houseless community could legally live at certain county parks through a permitting program through the county during the pandemic.

No Indiana property tax exemption for land encumbered by flowage easement
On June 29th, the Indiana Tax Court affirmed the Indiana Board of Tax Review’s ruling that land encumbered by a flowage easement did not qualify for a property tax exemption. In Hatke v. Parke County Assessor, taxpayers owned a home on .66 acres of lakefront land in Rockville, Indiana.

Insurance Litigation Update - June 2021
A recent decision of New York’s Appellate Division, Second Department, demonstrates why liability insurance policies should expressly define the circumstances under which the insurer may recoup its costs defending the insured: where a policy is silent on recoupment, courts disagree over whether a reservation of rights letter can effectively fill the gap.

Debtor May Avoid County Tax Foreclosure Sale
A county’s tax sale of the debtor’s farm was avoidable as constructively fraudulent under section 548, where the debtor was insolvent at the time of the title transfer and the tax debt was substantially less than the fair market value of the property.

WORLD
How to deal with land when the owner cannot be found
Scotland can proudly claim to have the oldest national public land register in the world being the Sasine register dating back to 1617. You might imagine that having kept records of land ownership for so long, by now it must be easy to find out who owns land in Scotland.

Treaty No. 1 document can't convey full story
They travelled many miles in the blazing heat of a Manitoba summer in 1871. More than a thousand people strong — on foot, on horseback and by cart. Chiefs, tribe leaders and their families came from all directions. Their destination: the stone fort we now know as Lower Fort Garry.

British-era documents being scanned to track ownership of Ram Temple Trust land
Amid accusations of corruption in sale of 890sqm of ‘nazul’ (government) land at Kot Ramchandar locality of Ayodhya to the Ram Temple Trust, the district administration is burning the midnight oil and meticulously scrutinizing 100-year-old British-era records to trace the chronology of ownership of the plot that was then under the jurisdiction of United Provinces of Oudh.

TECHNOLOGY
Mouse movements reveal your behavior
In two recently published research papers, computer scientists from the University of Luxembourg and international partners show how mouse movements can be used to gain additional knowledge about the user behavior.

Can Utah's digital driver's license be a viable form of customer ID?
The recent rise in mobile and contactless payments has created an opportunity to bring government IDs into the mobile wallet as well, and a credit union in Utah is the first to deploy the state's digital ID.

PEOPLE IN THE NEWS
Police: Keep an eye on your property titles
According to Dougherty County Police Department's Sergeant Wertz, a subject is under investigation for inappropriately filing affidavits with the courts effecting clear property titles.This action, known as adverse possession, this is when an individual files paperwork at a courthouse to take over property that is still under ownership, but no one is living in it.

Cops arrest squatter they say illegally occupied residence
Sometimes there is something new under the sun, at least that was the case for local law enforcement when a suspect illegally set up house in a Dougherty County residence after filing bogus paperwork.

OTHER TRENDING NEWS
A history of real estate fraud in 8 scandals
Real estate is rife with fraud. Over the years, regulators and lawmakers have honed tools aimed at catching criminality. From foreclosure fraud to title fraud, the modern landscape of impropriety in American real estate is shrinking.

In New Hampshire, there are 48 4,000-foot peaks, and Floki the rescue cat has now reached the summit of each one.

Is Hampstead a True Story?
Featuring stand-out performances by Diane Keaton, Brendan Gleeson, and Lesley Manville, ‘Hampstead’ is a British drama movie that revolves around Emily and Donald, and land title legalities.

First Lot Sold At Auction Marker, Alexandria Virginia
This small pedestal marks the spot of the first lot of land sold in Alexandria, Virginia in 1749.

Burj Al Babas: tour the ghost town of abandoned fairytale castles
Straight out of the Brothers Grimm, the unsettlingly dystopian Burj Al Babas resort in northwestern Turkey consists of hundreds of identikit fairytale castles that have lain empty since the palatial project was abandoned.

Read More Contributed by Bill Collins, Frontier Abstract, Rochester NY
Inside a GHOST TOWN of Abandoned Disney Castles
More on Burj al Babas - a video of what the site looks like today

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