Issue No.236, July 28, 2021

Look For NEW Events Posted Since The Last Issue!
Connecticut Enacts Safe Harbor From Punitive Damages In Data Breach Cases
Effective October 1, 2021, Connecticut becomes the third state with a data breach litigation “safe harbor” law (Public Act No. 21-119), joining Utah and Ohio. In short, the Connecticut law prohibits courts in the state from assessing punitive damages in data breach litigation against a covered defendant that created, maintained, and complied with a cybersecurity program that meets certain requirements.

Real Property, Financial Services, & Title Insurance Update: Week Ending May 21, 2021
Easement / Restrictions: Reversing portion of final judgment declaring that new LLC could not impose restrictions, whether reasonable or not, on easement rights granted to individual in plat – Summerland Key Cove Park, LLC v. Murphy, No. 3D19-801 (Fla. 3d DCA May 19, 2021) (reversed and remanded with instructions)

Ohio title regulations out for public review
The Ohio Department of Insurance has submitted four title insurance regulations for public review. It proposes no changes for three, but proposes a technical change for the fourth.

The 2021 ALTA/NSPS Survey Standards Impact On Renewable Energy Projects
Earlier this year, the American Land Title Association (ALTA) and the National Society of Professional Surveyors (NSPS) implemented the revised 2021 Minimum Standard Detail Requirements ("2021 Standards") for surveys. If a contract to provide an ALTA/NSPS survey is executed after February 23, 2021, the survey must comply with the updated 2021 Standards.

Can I refuse to notarize an incorrect document?
While we do not have enough information from your question to know what “no truth in any of the documents” and “incorrect affidavit” mean, if you have a “suspicion” the document is fraudulent, the North Carolina Notary Guide (2016 edition) gives you a reason to refuse.

Spotlight: real estate ownership issues in USA
Planning and land use issues are largely controlled by states and municipalities, through the mechanism of zoning laws adopted by local jurisdictions. In rural and suburban areas, zoning laws focus on master plans for large-scale developments and related infrastructure, with a focus on controlling density, preserving open space and ensuring that there is adequate water, sewer capacity and other necessary utilities for developments.

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Commercial Real Estate and Tenant Estoppel Certificates: Enforcement by Illinois Courts
Tenant Estoppel Certificates are a commonly used tool in commercial real estate transactions. One of their many purposes is to evidence a written statement by a party, such as a tenant, that verifies things such as the amount of rent due under a lease agreement, whether any defaults exist, or what the overall terms of the lease are.

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Trial Court Order Enforces Condominium Declaration’s Pre-Suit Mediation and Arbitration Provisions
Unlike some other forms of declarations1, a condominium declaration in Florida can govern and bind developers and unit owners of a condominium with respect to numerous rights and duties concerning a condominium. These rights and duties can vary from project to project, but this flexibility in no way diminishes the binding nature of the declaration.

Bankruptcy Court May Exercise "Related To" Jurisdiction Over Quiet Title Action
The Eleventh Circuit recently affirmed a Bankruptcy Court and held that dismissal of an underlying bankruptcy case did not divest the Bankruptcy Court of jurisdiction in related quiet title action. In re Lindsey, 2021 WL 1140661 (11th Cir. 2021). In 2015, the plaintiff filed a voluntary petition for Chapter 13 bankruptcy relief.

Pre-judgment Attachment Lien May Be Sufficient “cause” To Lift Automatic Stay
11 U.S.C. 362(d)(1) empowers the Bankruptcy Court to grant relief from the automatic stay on the request of a party-in-interest “for cause, including lack of adequate protection of an interest in property of such party in interest.” Courts have broad discretion to lift the stay “for cause,” and typically determine whether such cause exists on a case-by-case basis using a number of factors. In the Second Circuit, Courts apply a twelve-factor test set forth in Sonnax Indus., Inc. v. Tri Component Prods. Corp. (In re Sonnax Indus., Inc.).

How The Sultan Of Johor Acquired Land To Mine Gold?
Sarawak Report has received complaints that hundreds of cooperative farmers have been forcibly ejected from their lease-holdings after land was transferred from a state owned foundation to the Sultan of Johor.

Homeowner must demolish $3M Gatineau luxury home built too close to road: Quebec court
Quebec Superior Court has ordered the demolition of a sumptuous Gatineau, Que., home that was built too close to the road, with the city required to foot the bill.

Want your unemployment benefits? You may have to submit to facial recognition first
After being let go from his job as a software quality-assurance engineer in April, Eric Watkins said he filed for unemployment benefits in Colorado. But he hasn't received a penny of the $6,490 he said he was eligible to receive and he's not sure when he will.

Connecticut Passes Stronger Data Breach Notification and Cybersecurity Liability Statutes
The Connecticut legislature recently enacted a pair of new data breach and cybersecurity statutes — Public Act 21-59 and Public Act 21-119 — on June 16 and July 6, respectively. Both laws will take effect on October 1, and will expand the notice obligations for businesses subject to a data security incident and provide business incentives for enhanced cybersecurity standards to protect personal information.

Wisconsin’s New Insurance Data Security Law
Cyberattacks on organizations with large consumer databases have been on the rise recently. This is certainly true for the insurance industry, which also has been migrating more business to online platforms in an effort to keep pace with the increasingly digital world in which we live. The insurance industry is an appealing target for cybercriminals and other bad actors due to the vast wealth of personally identifiable information held by the industry. Wisconsin’s new insurance data security law seeks to address these issues by providing guidelines for the industry on new data security policies, processes, and systems.

Blockchain title platform Ubitquity launches to buy real estate with crypto
Ubitquity, a provider in the blockchain, title and real estate space has launched in order to help the title and escrow industry conduct a real property settlement utilizing cryptocurrency stablecoins.

 Surge In Cybersecurity Enforcement Actions (Video)
Regulators have been ramping up enforcement actions based on cybersecurity program deficiencies. In this video, Jeffrey Alberts, co-chair of Pryor Cashman's Financial Institutions Group, discusses the types of enforcement actions we have seen so far this year and what regulated businesses can do now to reduce the risk of facing a cybersecurity enforcement action.

‘Sovereign Citizens’ Clique Accused of Moving Into Woman’s Mansion
Five people in Maryland are facing charges after they allegedly moved into a widow’s on-the-market house, changed the locks, and filed bogus legal documents to claim ownership of the $1.5 million home, the Baltimore Sun reports.

Helen Richards of Benchmark Surveys Shares Her Story
“My parents encouraged me to get some experience with interviews. One was for quarry surveying; I had never heard of that before,” Helen says. “It sounded quite interesting to be sent to college, work and train for four years, and be paid."

18 Forbidden Places You Can't Visit
From an island infested with snakes to a vault holding a very special secret recipe, check out a few of the many dangerous, mysterious, or otherwise forbidden places are off-limits to the general public, adapted from an episode of The List Show on YouTube.

US 50 State Shelter-in-Place / Reopening Tracker
Shelter-in-place or stay-at-home orders have been prevalent throughout the United States since March 2020 as state and local governments have sought to protect their citizens from the spread of the COVID-19 virus while at the same time reopen their economies in accordance with phased reopening plans. Keeping abreast of the evolving nature of these orders and plans as the spread of the virus continues to evolve is critical to the functioning of all businesses throughout the country.

Finding Good Real Estate Deals Among The Ruins
As we enter year two of the COVID-19 pandemic, the number of new Chapter 11 cases being commenced has slowed to a trickle. But the cycle will turn again. There are always companies that lose a major customer, fail to adapt to new technology, or suffer from poor management. Debt burden is another major issue. And when interest rates go up, which they will, excess leverage will be exposed.

This City Has 124 Houses For Sale for $1,000 Each
Detroit, many of its neighborhoods blighted by the flight of citizens, has come up with a program to sell many homes that it owns because of taxes which were in arrears and are unoccupied. The city has lost half its population since 1950, and according to the Census has dropped just above 670,000. Of Detroit’s residents, an astounding 35% live below the poverty line.

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