Issue No. 181 | July 22, 2020

Look For NEW Events Posted Since The Last Issue!
Foreclosure / Condition Precedent: Borrower who raises an affirmative defense, such as failure of conditions precedent, bears the burden of proving that affirmative defense even if lender's complaint alleges satisfaction of conditions precedent - Russell v. Wells Fargo Bank, N.A., No. 1D18-5128 (Fla. 1st DCA June 22, 2020) (affirmed)

Earlier this year, state evaluation and adoption of remote online notarization was on a gradual, multi-year growth trajectory that looked it would take much of the next decade to become a common service.

Whether Donald Trump or presumptive Democratic nominee Joe Biden wins the 2020 election, the next president will shape housing policies that could have lasting effects on lenders beyond the next four years..

In one of the many responses necessary to continue crucial business and legal services at the onset of the current pandemic, Colorado notaries became authorized to perform remote notarizations under Governor Polis’s Executive Order D 2020 019 dated March 27, 2020.

On June 30, 2020, the Oregon Legislature adopted and the Governor signed HB 4212A, which authorizes e-notarization in Oregon on a temporary basis through June 30, 2021.

Alaska Governor Mike Dunleavy signed into law a bill, House Bill 124 (HB 124), which revises Alaska’s notary law to permit remote notarizations.

On June 2, 2020, in HH Mark Twain LP v. Acres Capital Servicing LLC,1 the Supreme Court of the State of New York (the “Court”) denied the defendant’s motion to dismiss the plaintiff’s “clogging” claim, thereby providing a piece of an answer to a cliffhanger from two years ago regarding whether a lender can safely structure a loan that is secured by both a mortgage and an equity pledge without violating a borrower’s equitable right of redemption.

Effective July 1, 2020, witnesses’ signatures are no longer needed for residential and commercial leases. The amended Section 689.01, Florida Statutes, removed the requirement that a landlord’s signature on a lease must be witnessed by two subscribing witnesses when the term of a lease is longer than one year.

Technology has transformed our world, mostly for the better. We can take a road trip without a map in hand, get groceries delivered to our homes and keep track of our physical activity level in real time.

Even in the midst of a global pandemic, consumer privacy continues to get significant attention from lawmakers, regulators, and consumer advocates. 

A Black Nova Scotia man is one step closer to finally owning the property his family has lived on for more than a hundred years after the province's Supreme Court ruled that systemic racism played a part in keeping the title to the land out of his hands.

Ginger Lynn Cunningham, 39, formerly of Hendersonville, North Carolina and currently residing in Brevard, North Carolina was sentenced yesterday, for selling fake title insurance policies.

If you saw a couple of attorneys in St. Louis  emerge from their home with an AR-15 to wave at peaceful protesters  and thought, “This is going to end with a comprehensive lesson in all the stuff you forgot from 1L Property class,” then you are graced with more vision than the rest of us.

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The idyllic ideal of modern suburbia in the United States was born in 1947 with the creation of Levittown, a large housing development in Long Island, New York. Businessman Abraham Levitt and his sons, William and Alfred, turned some potato fields into a neighborhood bearing their name, with more than 17,000 uniform, boxy, detached homes spaced equally along carefully meandering and manicured streets.

A fter nearly two years of debate and legal battles, the controversy over who owns the Franklin Public Square and the land on which the Confederate monument, locally known as “Chip,” sits is coming to a close.

Humanity being as it is, it is inevitable that, at some point, one person will murder another in space. Legally speaking, how will that criminal case be adjudicated? Popular author Sam Kean writes in Slate that one possible precedent may be a 1970 murder perpetrated by one scientist upon another in a temporary Arctic research station.

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