Issue No.238, August 11, 2021

Look For NEW Events Posted Since The Last Issue!
CFPB and FHFA Release Updated Data from the National Survey of Mortgage Originations for Public Use
The Consumer Financial Protection Bureau (CFPB) and the Federal Housing Finance Agency (FHFA) today published updated loan-level data for public use collected through the National Survey of Mortgage Originations (NSMO). The data provide insights into borrowers' experiences obtaining residential mortgages.

Unclaimed Property: Why Every Business Should Know Who They Owe and Who Owes Them
Unclaimed Property (also known as abandoned or escheat property) is exactly that – money or tangible assets that belong to you, but are viewed as “abandoned” because there’s been no activity or contact with you (by the holder) for one year or more.

Equitable Subrogation: Record contained evidence demonstrating that Tank Tech had repaired tanks alleged damaged by improper testing and that it had paid or reimbursed Circle K for expenses incurred with respect to those specific tanks – Tank Tech, Inc. v. Valley Tank Testing, LLC, No. 2D19-422 (Fla. 2d DCA June 2, 2021) (reversing final summary judgment entered in favor of Valley Tank on Tank Tech’s claim of equitable subrogation)

Can I split certificate wording between two different pages?
Does North Carolina allow the Notary certificate wording to be split between multiple pages? — J.N., North Carolina
No. The entire text of the notarial certificate must be on the same page as the Notary’s seal and signature.

Washington Rulemaking - Out-of-state title records storage(R 2021-20)
The current state law on out-of-state title records storage requirements mandates that title insurance companies and agents, who are conducting the business of an escrow agent, must keep adequate records of all transactions. These records must be maintained in Washington unless otherwise approved by the commissioner (RCW 48.29.190(1)(a)). Rulemaking is required to outline how to request approval under RCW 48.29.190(1)(a) and detail requirements for title insurance companies and agents storing title records outside of Washington state.

How ‘Tangled Titles’ Affect Philadelphia
Officials in Philadelphia and elsewhere have long grappled with the issue of “tangled titles” for homes—situations in which the deed to a property bears the name of someone other than the apparent owner. Tangled titles can have serious ramifications for residents and neighborhoods, sometimes causing people to lose their primary residence or be unable to manage its upkeep.

HOAs vs. ADUs
ADUs have been touted for several benefits, including increasing housing supply, creating affordable housing options, and supporting multi-generational households..

Wyoming Courts Raise the Stakes for Former Operators Allowing Surface Owners to Recover Double Damages
Five years ago, the Wyoming Supreme Court decided two cases, both involving Pennaco Energy, Inc. as lessee of mineral interests—including exploration, development, and extraction rights—on land in Northern Wyoming, that are together known as the Pennaco cases (Pennaco Energy, Inc. v. KD Co. LLC and Pennaco Energy, Inc. v. Sorenson).

Amendments to the Illinois Residential Real Property Transfer on Death Instrument Act make significant changes
On July 9, 2021, Governor Pritzker signed a bill amending the Illinois Residential Real Property Transfer on Death Instrument Act (the “Act”), effective January 1, 2022. That Act has allowed persons owning residential real estate in Illinois to designate a beneficiary of the real estate through a transfer on death instrument (“TODI”), thereby avoiding probate of the real estate at death.

Texas Court Addresses Anti-Washout Clause and Rule Against Perpetuities
The court of appeals (on remand from the Supreme Court) determined that a reserved overriding royalty interest in an oil and gas lease may be reformed under section 5.043 of the Texas Property Code to comply with the Rule.

New Florida Community Property Trust Law
Florida has enacted new legislation allowing married couples to create a Community Property Trust (CPT). Currently (except in community property states), when the first spouse dies, his or her own assets receive a step-up in basis to their date-of-death value.

Supreme Court Issues Another Important Property Rights Decision
On June 28, 2021, the Supreme Court issued Pakdel v. City and County of San Francisco, 594 U.S. ____ (2021), a unanimous per curiam opinion vacating a ruling by the Ninth Circuit in favor of the City and County of San Francisco. The petition for review was filed by a married couple who bought an interest in a six-unit apartment building in San Francisco’s Russian Hill neighborhood.

A battle is unfolding over the world's smelliest fruit, and farmers in Malaysia say their entire livelihood is being wiped out at the worst possible time
The smell, though, is divisive. Durians are so pungent that Anthony Bourdain once said they make your breath smell like "French-kissing your dead grandmother," and food writer Richard Sterling opined that "its odor is best described as pig-s--t, turpentine, and onions, garnished with a gym sock."

The Uniform Personal Data Protection Act Is Here
In July 2021, the Uniform Law Commission (“ULC”) voted to approve the Uniform Personal Data Protection Act (“UPDPA”). The UPDPA is a model data privacy bill designed to provide a template for states to introduce to their own legislatures, and ultimately, adopt as binding law.

Medici Land Governance and New York City Department of Finance to Explore Use of Blockchain to Address Deed Fraud
Medici Land Governance (MLG) has partnered with the New York City Department of Finance (DOF) to develop a proof of concept for the use of blockchain technology to detect and reduce deed fraud in New York City. The project will explore the possibility of using blockchain or a decentralized digital ledger as a vehicle to record property documents to ensure that the target data is transparent and immutable.

Escrow Company Issues First-Ever Bitcoin-Backed Real Estate Loan
Glen Oaks Escrow began accepting Bitcoin in 2018 and sees the loan as proof the cryptocurrency’s value proposition is becoming clearer to debtors and creditors.

The Legal Tech-To-English Dictionary: Cybersecurity
There’s a term for when attorneys use Latin and other arcane languages to describe legal processes to consumers: “legalese. But there’s no similar term for when vendors use technical and other arcane languages to describe their legal software operations to lawyers.

WeHo man sentenced to 12+ years for real estate fraud
A West Hollywood man was sentenced Monday to more than 12 years in federal prison for orchestrating a real estate fraud scheme that victimized more than 2,000 homeowners, involved fraudulent filings that affected the title to properties across the country and caused more than $7 million in losses.

First American to pay $1.185M over alleged perks for real estate agents
First American Title Co. has agreed to pay a $1 million penalty after state regulators alleged that a marketing representative in Southern California provided illegal perks to real estate agents, including video marketing and drone footage of listings with placement on social media sites, bus caravans to promote listings, and sales coaching.

Insurance Broker Gallagher Sued Over Ransomware Attack
Insurance and benefits broker Arthur J. Gallagher is the target of a proposed class action lawsuit over a ransomware attack it suffered in 2020. The plaintiffs allege that Gallagher failed to follow federal and state government and industry standards to protect their personal information from hackers and failed to adequately notify or help individuals whose information was stolen.

BLOWN UP: Consumers Sue Credit Card Company Over 600 Robocalls- End Up Having to Pay Robocaller $250k In Fees
The company–which has been party to a number of TCPA suits over the years–just absolutely obliterated a couple of cardholders that tried to sue it over purportedly illegal robocalls. The result? An award of $286,064.62 against the consumers and in favor of Credit One.

Uber asked contractor to allow video surveillance in employee homes, bedrooms
For years, employers have used surveillance to keep tabs on their employees on the job. Cameras have watched as workers moved cash in and out of registers, GPS has reported on the movements of employees driving company vehicles, and software has been monitoring people’s work email.

The Bubble House - 79 Elanora Way Karalee QLD 4306
A world-first opportunity to own this one-of-a-kind elite property on our Planet!
Eleven Domes. Twenty rooms. 1,050m 2-floor space over three levels poised on 5,109m2. Designed by world-renowned Architect Mr. Graham Birchall.

The Truth About the Quietest Town in America 
Niday was heading out on patrol of Green Bank, West Virginia, to keep tabs on radio noise that might interfere with the half-dozen giant, dish-shaped telescopes looming behind us at the nation’s oldest federal radio astronomy observatory. Operating electrical equipment within 10 miles of here was illegal if it disrupted the telescopes, punishable by a state fine of $50 per day.