Issue No.250, November 3, 2021


EVENTS
Look For NEW Events Posted Since The Last Issue!
INDUSTRY
Real Property, Financial Services, & Title Insurance Update: Week Ending October 15, 2021
Eviction / Commercial Landlord-Tenant / Motion to Determine Rent: Based on the plain language of section 83.232, Florida Statutes, the trial court is constrained at the rent determination hearing to consider only the limited defenses constituting “payment or satisfaction of the rent,” and defenses other than payment (such as the force majeure clause of lease) should be addressed later in the proceedings – Soundbar, LLC v. BYM Commercial, No. 5D21-176 (Fla. 5th DCA Oct. 15, 2021) (affirming entry of final judgment for possession)

L.A.'s 'Black Beverly Hills' Still Threatened by Racist Past
The 1920s subdivision of View Park earned its nickname the "Black Beverly Hills" by becoming one of the largest, wealthiest and most architecturally distinct Black neighborhoods in Los Angeles. In 2016, it was added to the National Register of Historic Places due to its ethnic heritage and architectural integrity. But it owes its significance to a complicated racial history.

Social Media and the Real Estate Industry: The Importance of a Well-Crafted Policy
Social media continues to permeate business operations, especially in the real estate industry. The vast majority of companies in the real estate industry utilize various platforms to attract leads and connect with buyers, tenants, customers, and other businesses. While social media presents unique business opportunities, real estate employers and brokerage companies should ensure they have up-to-date policies outlining the company’s expectations for using social media and help ensure compliance with federal and state laws and other industry standards.

FinCEN Renews Real Estate Geographic Targeting Orders for 12 Metropolitan Areas
The Financial Crimes Enforcement Network (FinCEN) today announced the renewal of its Geographic Targeting Orders (GTOs) that require U.S. title insurance companies to identify the natural persons behind shell companies used in all-cash purchases of residential real estate. The purchase amount threshold remains $300,000 for each covered metropolitan area.

LEGAL
Sixth Circuit Rules That Tree Ordinance Is a Taking
The Township of Canton, Michigan, like many local governments, requires property owners who remove trees of a certain size to either replace those trees or pay into a fund for the planting of new trees. The Sixth Circuit recently ruled that this requirement imposed an unconstitutional exaction, which is a kind of regulatory taking. This case could have far-ranging effects both on the application of tree ordinances and the imposition of permitting conditions generally.

Village, Founding Family In Court Battle Over Alley
A hearing is scheduled for Friday, Oct. 29 in Chicago between Mount Prospect and descendants of one of the village’s founding families, over compensation for an alley that existed in the village’s downtown “triangle” prior to the recent construction of a new bank.

The Colorado Supreme Court affirms Woodbridge II’s “Adverse Use” Distinction
Last year, I posted regarding the Colorado Court of Appeals’ decision in Woodbridge II, which concluded that the “adverse use” element for prescriptive easement claims only requires the claimant to “show a nonpermissive or otherwise unauthorized use of property that interfered with the owner’s property interests.” Viento Blanco, LLC, 2020 COA 34 (Woodbridge II),

Dressing Up As A Condo For Halloween Leads To Woman Being Threatened With Arrest
Catherine Uden lives in Hollywood, Florida — between Miami and Fort Lauderdale — where she has been an outspoken critic of a developer’s plan to build a 30-story condo on city-owned beachfront property. For Halloween, she decided to dress up like the condo and encouraged others to join her at a city-sponsored block party called Hollyweird on Saturday. For that, she said she was threatened with arrest. Police said such activity could constitute an unlawful gathering.

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Missouri woman mired in years long struggle with feds over road accessing her property
Pam Becker says she can’t get a loan to build a home on her land in Douglas County without a permanent permit to use a road owned by the U.S. Forest Service

E&O Insurer Has No Duty to Defend Dispute Limited to Recovery of Fees
Applying Florida Law, the United States District Court for the Middle District of Florida has held that a professional liability insurer had no duty to defend an action that exclusively sought the return of fees charged by the insured where such amounts fell within an exception to the definition of “damages.” RLI Ins. Co. v. Baywalk Title Inc., 2021 WL 4437163 (M.D. Fla. Sept. 27, 2021).

Erosion of 'Willful Neglect' Standard in Reforeclosures
On Oct. 6, 2021, the Appellate Division, Second Department broke with prior precedent in redefining the “willful neglect” standard in reforeclosure cases. Prior to the Second Department’s decision, a lender could demonstrate, prima facie, the absence of “willful neglect” in failing to name a necessary party to a foreclosure action by showing that it was negligent and/or relied on a faulty title search. However, such a showing is no longer sufficient

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WORLD
Inside The Strange Tale Of The Pandemic Cannabis Factory Next To The Bank Of England
When the staff of the Worshipful Company of Drapers came back to work in January after the Christmas break, something was different at their grand building in the City of London. The bar on the ground floor absolutely reeked of cannabis.

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City repairs curb reported damaged 28 years ago
Tyrone Bay resident Calvin Hawley finally has some curb appeal back on his street. Last week a crew hired by the city of Winnipeg repaired some curbs on the St. Vital street Hawley had first flagged as broken to the city in 1993. It was damaged by a city snow removal machine.

Cree artist helps Edmonton Oilers Craft Indigenous land aknowlegement
When Lance Cardinal was approached by the Edmonton Oilers to act as an Indigenous consultant the Cree artist and designer knew the first thing he wanted to do was create a land acknowledgement.

TECHNOLOGY
Blockchain Will Never Disrupt the Property Title Industry
By now the world has become accustomed to the idea of blockchain, the underlying cryptography technology behind Bitcoin. Most don’t really understand the finer points of hashing, mining, and distributed computing that make it all work but some of us at least get the basics: a blockchain is an immutable ledger that can be used to securely record ownership.

License Plate Reader Company Continues Expansion Into Private Neighborhoods With The Help Of Some Useful Cops
The use of automatic license plate readers by law enforcement has steadily increased over the past decade. The theory is a never ending documentation of vehicle movements results in more solved crimes and recovered stolen vehicles. Assertions about law enforcement efficiency have driven other tech acquisitions, ranging from repurposed war gear like Stingray devices to facial recognition software.

PEOPLE IN THE NEWS
Meet W.K. Jeffus, purveyor of real estate history
If W.K. Jeffus comes knocking at your door, don’t be alarmed. He’s probably there to sell you the history of your house. Jeffus was born in Oak Cliff, grew up on Wentworth, “over there behind the Tom Thumb,” and is a 1965 graduate of Sunset High School. The two-story 1912 Victorian home he bought in what is now considered Bishop Arts cost $12,000 in 1971.

OTHER TRENDING NEWS
Superstition and real estate, who knew?
Happy Halloween! Here’s hoping everyone has fun and safe plans for this weekend, and what a great time to have some fun talking about superstitions and how they could potentially impact the sale of your home.

Live Like French Nobility In A Manor House Attached To A Historic Castle
There’s nothing like owning a piece of French history – especially when it involves a castle on a site that has been occupied since the 4th century.
This manor house and stone citadel look out on panoramic views of the bucolic valley of Savoie in the Auvergne-Rhône-Alpes region of southeastern France.

The Battle for the Last Unclaimed Land on Earth
There have been several attempts to claim Bir Tawil, a region between Egypt and Sudan, over many years, reminding some of the worst excesses of colonialism.

World's smallest park will make big move
Since Mill Ends Park opened in Portland in 1946, it’s been the scene of annual St. Patrick’s Day celebrations, surrounded by a fence during the Occupy Portland protests, run into by drunken drivers, and had trees stolen out of it and brought back. And that’s all within the 452 square inches of the park.

A Visit to Hollywood's Favorite Movie Grave
No one does a funeral scene like the star of Mountain View Cemetery.

Read More Contributed by Bill Collins, Frontier Abstract