Issue No.232, July 14, 2021

Look For NEW Events Posted Since The Last Issue!
Real Property, Financial Services, & Title Insurance Update: Week Ending May 7, 2021
Real Property Update - Foreclosure Judgment / Void: Trial court erred in determining lender’s delay in seeking to vacate judgment was unreasonable – Wells Fargo Bank, N.A. v. Tan, No. 4D20-613 (Fla. 4th DCA May 5, 2021) (affirmed and remanded with instructions).

Buyer love letters have been banned in Oregon
Oregon has just made it illegal to include a so-called “buyer love letter” when submitting an offer on a home.

Seller Beware: Important Due Diligence Issues For Commercial Properties
Most people involved in real estate have heard the phrase "caveat emptor" or "buyer beware." There are risks inherent in purchasing property: unseen structural flaws, hidden environmental contamination, and other unsuitable conditions that won't be advertised on a broker's website. Buyers are not expected to purchase blindly—even the least sophisticated purchaser will engage in some degree of "due diligence" to learn about the asset they are hoping to acquire.

Alaskan airpark is being railroaded
AK12, Alaska’s oldest residential air park, is in serious danger. The survival of Flying Crown Airpark in Anchorage, which has been in operation since the early 1950s, depends upon a healthy relationship with the Alaska Railroad and a 200-foot right-of-way (ROW).

How Long Will La Grange Legal Battle Last?
Southside La Grange residents want to know why it is taking so long to fix flooding issues. The solution, officials say, depends on a favorable outcome in court.

Trust Deeds: The Unsung Hero of Alternative Real Estate Investment
Trust Deed investing has been around for decades, offering private investors a myriad of opportunities to invest in real estate development and provides benefits such as diversification, capital preservation, and historically high yield returns. And yet, it still receives little merit and remains one of the most underutilized alternative forms of real estate investing in an IRA.

It's Lions club vs. dads' club in squatter's rights battle over baseball field
More than three decades after a the company that owned an Oak Forest baseball field dissolved, a fight has broken out over who owns the site where children have been playing for years.

First in Time is Not First in Right for New Jersey Judgments
A harsh reality in any business, including construction, is that there will be people who owe you money but do not have it. In general, a simple collection action can be brought against these individuals to obtain a judgment that can be executed against their property or recorded as a lien against a future sale. In most states, the priority of the judgments occurs in the order in which they are recorded, the so-called rule of “first in time, first in right.” This is not the rule, however, in New Jersey.

The Title Reporter — Summer 2021
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: An appellate court in New York has ruled that a title insurance policy excluded coverage for a “Declaration and Covenants” filed as a condition of a zoning resolution. An appellate court in New York has affirmed a decision dismissing a plaintiff’s action to quiet title.

Why FEMA is denying aid to Black disaster survivors in the Deep South
Not enough people were signing up for help after a series of tornadoes ripped through rural Alabama, so the government sent Chris Baker to figure out why.

Developer of McKenzie Meadows subdivision in Caledonia cancels build amid ongoing land dispute
For nearly a year, buyers in a planned subdivision in Caledonia have been in limbo, wondering what would become of their McKenzie Road homes — until now. Foxgate Developments says the build, now a 25-acre front line in the assertion of Indigenous land rights, has been cancelled amid an ongoing occupation by Six Nations land defenders.

NSW delivers a fully digital land titles process
The NSW Government’s plan to transition conveyancing into the digital age will culminate on 11 October 2021 with the commencement of new legislation that will allow for 100% electronic lodgment of land transactions, moving away from paper-based processes.

In Oregon, e-Notarization Is Here To Stay
Last July we discussed the temporary adoption of remote online notarization (RON) in Oregon through June 30, 2021. On June 15, 2021, Governor Brown signed Senate Bill 765 making RON permanent.

30 years later, a Jersey City affordable housing program sparks controversy
The 82-year-old Jersey City resident, who suffers from arthritis and sciatic nerve pain, can no longer climb the stairs in her two-story Bergen-Lafayette home. She dreams of moving to Orlando, where she has family.

7 Dog-Centric Home Renovations You Won’t Regret When It’s Time to Sell
Whether you’re buying your first home or upgrading your current one, your dog deserves a home where it feels comfortable, loved, and cared for. And, if you have some extra space and want to do something special for your four-legged friend or are introducing a new dog into your home for the first time, there are many basic home improvements you can make to show how much you care.

Flint’s old police academy sold for marijuana grow facility despite objections
 The city has agreed to sell its shuttered Flint Police Training Academy for $500,000 to a company that plans to convert it into a commercial marijuana grow facility.

An upscale hotel in Scotland is being mocked for resembling the poop emoji
A recently-unveiled hotel in Scotland in the shape of a coiled spiral has sparked unflattering comparisons with the poop emoji.

Swim trunks essential for buyer of this Ontario property
When a homebuyer’s mortgage debt exceeds his equity, he is said to be underwater. But one property listed in Canada starts out that way, literally.

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