Issue No. 207 | January 20, 2021


EVENTS
Look For NEW Events Posted Since The Last Issue!
INDUSTRY NEWS
The New York Power of Attorney is a legal instrument executed by an individual with capacity (a principal) appointing another (an agent) to handle his/her financial affairs. The current durable “short form” Power of Attorney is clunky, cumbersome and difficult to execute without legal support.

Nevada S.B. 302, which took full effect January 1, 2021, puts in place new privacy related requirements and standards for Nevada state agencies. The law addresses how government agencies may collect, disseminate, and maintain records that contain personal information of Nevada residents. 

President-elect of the United States Joe Biden has nominated Federal Trade Commissioner Rohit Chopra to serve as the new director of the Consumer Financial Protection Bureau (CFPB), signaling that the incoming Biden administration aims to return the Bureau to its original enforcement posture according to reporting at the Washington Post.

FDCPA / Attorneys' Fees: Although FCCPA was the only statutory basis for award of attorneys' fees in defendant's favor, plaintiff's FDCPA claims related to the same set of operative facts and were based on related legal theories, justifying a full fee award in defendant's favor for FDCPA claims as well - Victor v. Petrousky, No. 6:19-cv-00788 (M.D. Fla. Nov. 2, 2020) (recommending district court grant in part motion for award of reasonable attorneys' fees and costs)

Remote notary law became effective in Colorado on December 31, 2020 thanks to Colorado SB20-96. Many of us spent much of 2020 performing remote notarizations under the temporary authorization and rules suspending the in-person requirement for notarizations. 

LEGAL NEWS
During the COVID-19 pandemic, New York State courts have granted a number of preliminary injunctions enjoining UCC foreclosures for a period of time. For example, in D2 Mark LLC vs. Orei VI Investments LLC and Shelbourne BRF LLC, Shelbourne 677 LLC v. SR 677 BWAY LLC, the courts found that elements of the UCC foreclosures were not commercially reasonable as a result of the pandemic and temporarily prevented the UCC foreclosures.

One issue which has confounded bankruptcy attorneys and courts is whether a creditor, that seized the debtor’s property before the debtor filed for bankruptcy, violates the automatic stay if it does not voluntarily return the property to the debtor. This is commonly seen with pre-petition repossessions and seizures of vehicles.

A judgment creditor can record an abstract of judgment, a document that identifies the judgment debtor and the amount of the debt.

Errors and Omissions insurance can protect the Notary's financial assets if the Notary makes a mistake while performing a notarial act. 

President Donald Trump complained loudly — and often — about the cost of the special counsel probe of his campaign’s dealings with Russia.

The Michigan Court of Appeals recently found that a title insurance company was not required to reimburse its insured after the company negotiated a settlement that reduced the size of an easement used by the insured.

TECHNOLOGY & SOCIAL MEDIA NEWS
Most mornings for the past five years, 62-year-old Jeffrey Guterman has woken up in his Florida home, made coffee in his kitchen, and sat down at his computer to tweet out taunts to the President.

WORLD NEWS
A family yesterday accused a neighbouring landowner of taking a slice of their property – now owned by the Spanish Point Boat Club – at the Commission of Inquiry into Historic Land Losses.

Looking for affordable real estate in Langley? How does $98 grab you as a selling price? The cheapest lot in Langley was assessed at exactly that value in 2020, according to BC Assessments.

The BC Courts have recently clarified the mechanism under the Builders Lien Act for clearing liens and associated certificates of pending litigation (“CPLs”) from title to construction project lands.

TITLE AGENCY & PEOPLE IN THE NEWS
Title Agents Go Nationwide
For agents interested in growing their businesses by expanding into multiple states, we’re here to make the process simple and profitable. We offer you one point of contact to streamline your options and solutions...

OTHER TRENDING NEWS
The 2016 film Hidden Figures brought the forgotten Black women who worked at NASA during the Apollo program into the national spotlight. Now PBS is doing the same for Elizebeth Smith Friedman, a Quaker poet who helped pioneer the field of cryptography with her husband, William Friedman, in a new documentary for the American Experience series.

On May 10th 2020, Craig J. Gordnier began an ambitious solo project to transform a 1999 blue bird school bus into a portable living space. After buying the bus in South Dakota, the US Coast Guard Veteran drove it all the way back to Massachusetts.

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