Issue No. 209 | February 3, 2021


EVENTS
Look For NEW Events Posted Since The Last Issue!
INDUSTRY NEWS
On December 27, 2020, the Consolidated Appropriation Act (“CAA”) was signed into law. The CAA amends the Bankruptcy Code in several significant respects. Most of the amendments expire in either one or two years unless they are later extended. 

A “sick, sad joke.”

That’s the phrase a former Trump administration appointee for the Consumer Financial Protection Bureau, Acting Director Mick Mulvaney, used to describe the government agency he was later selected to lead. 

The use of eNotes registered on the Mortgage Electronic Registration Systems increased a full 261% year over year in December 2020.

The title of today’s article seems to be on the minds of many farmers and ranchers in recent days with the beginning of a new Congress and the inauguration of Joe Biden. I have had many emails, phone calls and conferences with farm families recently that are asking what the impact of tax changes on their businesses and livelihoods might be.

“How’s business? It’s risky, but we can cover it.”

While this insurance slogan is meant to be mildly amusing, there is a truth underlying it. In commercial real estate transactions, particularly... 

LEGAL NEWS
Though it appeared the smoke might blow in a more favorable direction, the hopes of marijuana-adjacent businesses using the Bankruptcy Code were snuffed out once again by the Bankruptcy Court in Colorado. The Controlled Substances Act (the CSA) makes it illegal to rent, lease, or make available for use or profit from a location for the manufacture, storing, or distribution of controlled substances.

This advice certainly holds true for a senior deed of trust lienholder contemplating foreclosure on real property security. A careless senior lienholder may be in for an unpleasant surprise if they fail to account for junior liens on the property pre-dating the foreclosure, even those they may not initially be aware of.

As discussed in our recent post, New York Lien Law § 19(6) provides a procedure for an expedited legal action seeking summary discharge (cancellation) of a mechanic’s lien. However, summary discharge is only available where there is a “facial defect” in a lien, such as identifying the wrong property owner or failing to properly describe the property against which a lien is claimed.

The often invoked but rarely successful laches doctrine is an equitable defense when a party unreasonably delays enforcing a right and when granting the relief sought would prejudice the adverse party. A petition for “exclusion” is an equitable process under California’s Subdivision Map Act, to compel a local agency to redraw or discard a recorded subdivision map, and it is even rarer.

The Mille Lacs County Board of Commissioners, during their work session on Jan. 19, addressed the recently placed 1855 Mille Lac Band of Ojibwe boundary signs.

In Ohio, utility companies generally have eminent authority where they are unable to negotiate voluntary easements with landowners. However, utilities do not have so-called “quick-take” authority and must wait to begin construction of the project until a trier-of-fact assesses the just compensation award at trial.

A Maryland federal judge reopened a proposed class action from Sierra Pacific borrowers accusing the mortgage provider of hatching a deal with a settlement service company to trade referrals for kickbacks, acknowledging Tuesday that he made two errors when dismissing the last last year.

TECHNOLOGY & SOCIAL NEWS
Digital twins drive decision-making by enabling builders to ‘see the future’ through data. As stewards of GIS data, land surveyors and geospatial professionals are a crucial connection between what’s real and what’s twin.

WORLD NEWS
On 12 August 2020, the Supreme Court of New South Wales considered property rights in the decision of Hardy v Sidoti [2020] ('Hardy'). The case concerned an easement created in the 19th century for the purpose of waste collection.

TITLE AGENCY & PEOPLE IN THE NEWS
Elbow Lake officials have cited Brian Nelson more than a dozen times for trash and other violations, including keeping goats in the city limits. He’s told authorities that he doesn’t have to follow city laws.

Santa Ana-based title insurance giant First American Title Co. and one of its title insurance marketing representatives agreed to pay a $50,000 penalty to the California Department of Insurance because the employee was simultaneously providing title insurance services while running a well known real estate data firm.

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
In the northeast region of Sicily, Italy, is a small prehistoric town called Troina, which boasts all the trappings of, well, a small prehistoric town. There’s a crumbled castle and vestiges of an ancient cemetery, walking trails once trod by shepherds, and cobblestone paths beneath arches.

A recent article from CNN reported on SpaceX and Amazon sparring over their competing satellite-based internet business. The article reports that at the center of the dispute is “a recent attempt by SpaceX to modify its license for Starlink, a massive constellation of internet satellites, of which SpaceX has already launched more than 900.”

There are around 330 professional land surveyors to Puerto Rico's population of 3 million, according to the island’s Puerto Rico Association of Land Surveyors.

Have you ever wondered what ultimately becomes of the waves that radio and TV stations sent out into space 24 hours a day?

The 50-square-mile stretch of Yellowstone National Park that spills over Idaho’s border is a legal no-man’s land. It’s an isolated spot, one devoid of roads or any permanent human inhabitants. 

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