Issue No. 203 | December 23, 2020

Look For NEW Events Posted Since The Last Issue!
The New York State Bar Association advocated for a decade to get an update of the law governing power of attorney procedures, which offers some flexibility on wording.

On December 9, the National Association of Insurance Commissioners' executive committee unanimously adopted an amendment to the NAIC Unfair Trade Practices Act, referred to herein as the Model Act, which, if adopted by the states, would represent a significant change in course in how insurance companies and producers may offer rebates in connection with their product offerings.

Thirty transitional housing units in southeast Albuquerque are close to being finished, according to officials with Bernalillo County.

A Vermont Superior Court judge agreed Friday to conduct a trial in late January about whether municipal clerks must keep offices open to the public in need of access to government records during the COVID-19 pandemic.

Following the temporary regulations previously adopted in response to the COVID-19 crisis, the Colorado Secretary of State recently issued additional temporary and permanent regulations regarding the requirements for the state’s authorization of remote notarizations. 

Inverse Condemnation: conditions placed by FDOT on the issuance of a drainage connection permit constituted a land use exaction requiring a factual determination as to whether the drainage improvements exacted by FDOT were roughly proportional to the project’s drainage impacts – Murphy Auto Group, Inc. v. Fla. Dep’t of Transp., No. 2D19-1236 (Fla. 2d DCA Nov. 20, 2020) (reversed and remanded)

The State Corporation Commission (SCC) has announced changes in licensing, fees and continuing education due dates for insurance agents in Virginia will take effect January 1, 2021.

Advisory Letter No. 2020-04, originally issued on October 22, 2020, is hereby revised and re-issued in order to clarify prior guidance regarding implementation of Act No. 310 of the 2020 Regular Session of the Louisiana Legislature (“Act 310”) relative to the qualifications for a producer license for the line of title insurance which will become effective January 1, 2021.

The Supreme Court of Virginia recently issued an opinion serving as a cautionary tale for judgment debtors appealing judgments against them while concurrently seeking to pass clear title on unrelated real estate sales. That case is Sheehy v. Williams, 2020 Va. LEXIS 139 (decision issued Nov. 25, 2020). In Sheehy, judgment was entered against Ms. Sheehy for $50,845.18, which she appealed.

The Supreme Court granted a writ of certiorari to review the Court of Appeals’ decision (A plat, which was delivered to the defendant-developer before the closing on plaintiffs’ lot, reduced the size of plaintiffs’ lot and showed a road (which had previously circumnavigated plaintiff’s lot) cutting through the lot.

Troutman Pepper represented the defendant/appellee in Wanda Daughtry, et al v. Jeffrey Nadel, a case in which the appellants argued that a foreclosure action filed six years after the borrowers defaulted was time-barred. 

The general limitations on reassessment of real property without a “change of ownership” under the 1978 voter initiative known as “Proposition 13” deserve renewed attention after the failed effort to enact Proposition 15 in 2020. 

Over the life of any lease, the property owner may obtain mortgage financing, or even sell its position, several times. If the lease is a ground lease, the tenant will probably also do the same.

A family-run 'ministry' in Florida has been accused of fraudulently obtaining more than $8.4million in pandemic-related loans, which they allegedly planned to put towards a new home in Disney World before fleeing to Canada.

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'Tis the season for rewatching your favorite Christmas movies for the hundredth time. Whether you're in the mood for a musical, action, or comedy flick, there are enough festive classics in every genre—yes, even horror—to keep you entertained until January.

There are only so many times you can watch "The Princess Switch." And maybe you've seen every Christmas movie there is. But there are tons of movies out there that, from the right perspective, count as a holiday watch.

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