Issue No. 198 | November 18, 2020

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Due Process / Notice: due process rights violated in case involving claims for breach of contract for sale of property; party received insufficient notice of motion to amend complaint to add punitive damages and insufficient notice of trial under Florida Rule of Civil Procedure 1.440(c) - Lemkco Fla., Inc. v. Golf Properties of Fla., LLC, No. 5D18-3928 (Fla. 5th DCA Sept. 11, 2020) (reversing order denying motion to set aside final judgment)

One of the many consequences that come with a presidential transition is that all of the associated administration personnel leave office with the president that they serve under, as will be the case with the incumbent Secretary of the U.S. Department of Housing and Urban Development (HUD) Dr. Ben Carson.

On November 3rd, voters in Arizona, New Jersey, South Dakota, Montana, and Mississippi passed ballot measures to bring legal cannabis to each of their states. It’s not every year that we see states from opposite ends of the political spectrum agree on something with such vigor. 

At a time when most states are enacting large remote online notarization bills, the Show-Me State overhauled its paper notarization and electronic notarization laws and added remote online notarization provisions in House Bill 1655.

Maryland makes substantial changes to the state's Notary laws — from introducing new certificate forms to authorizing remote online notarization. Most of these new changes to state statutes are in effect now, but a follow-up bill (Senate Bill 636) gives the Secretary of State until October 1, 2021, to implement the education and exam requirements.

Remote executions of estate planning documents are again allowed in Michigan through December 31, 2020. On November 5, 2020, Michigan’s Governor signed 2020 PA 246, allowing remote witnessing, and 2020 PA 249, allowing remote notarizations. 

In its most recent earnings report, Zillow revealed a significant number of its Zillow Offers users are turning to remote online notarization.

The Uniform Electronic Transactions Act (“UETA”) proposed by the Uniform Law Commission (“ULC”) in 1999 presented ways for states to effectuate electronic signatures with the same legal validity of wet ink signatures.

Earlier this year, the Colorado Court of Appeals issued an opinion addressing at length “whether the requirement that the use be ‘adverse’ in the adverse possession context is coextensive with adverse use in the prescriptive easement context.” See Woodbridge Condo. Ass’n, Inc. v. Lo Viento Blanco, LLC, 2020 COA 34 (Woodbridge II), ¶ 2, cert. granted, No. 20SC292, 2020 WL 5405376 (Colo. Sept. 8, 2020).

Mortgage lenders tend to pay a lot of attention to the real property securing their loans, as they should. Before the loan is made, lenders scrutinize the property to evaluate whether its fair market value will support the preferred loan to value ratio (LTV). 

In October, the Flathead County commissioners approved an application to the Montana Department of Natural Resources and Conservation (DNRC) to purchase a right-of-way easement along roughly one mile of the North Fork Road.

A SentiLink analysis of nearly 1,600 known synthetic identities found one in seven had connections to a credit union, generally either a checking account or loan relationship.

With the intent of combating fraud, money laundering, and tax evasion, the Act will make information on beneficial land owners available to prescribed government entities, law enforcement agencies, and the public.

Real estate attorney Peter Zinkovetsky has attended thousands of closings over the past decade. But, convinced there is a better way to finalize deals, he’s now launching a startup that makes the process virtual.

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...

If walls could talk, this mansion on West Garfield Boulevard in Chicago would have many stories to tell. Known as the O’Leary Mansion, the 6,270-square-foot home was built in 1890, and is now on the market for $599,877.

Last week, we introduced you to the Smith and Alexander families, and Patricia Malley explained to us that Johnny Smith likely inherited all of Jocelyn Smith’s assets under Massachusetts intestacy law upon her untimely death many years ago. 

Are you considering paying for a survey of a piece of property? When you purchase land, it’s not a bad idea to know exactly what you are paying for. Land surveys give you more information about the property you want to buy and can help reveal its true value.

The guest bedroom allows direct access to your troubled childhood.

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