Issue No. 221, April 28, 2021

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NYS Budget Impact on Title Business
The New York State Legislature and Governor Andrew Cuomo have agreed on several pieces of legislation that comprise the State budget. The budget bill is both a financial budget for the State as well as a policy document. As many of you recall, it was the 2014 budget bill that contained the licensing of title agents, under which we all operate.

These Are The 6 Biggest Lingering Covid Issues Affecting Real Estate
Moody Law Group founder John Moody Jr., who specializes in commercial real estate law, told Bisnow that lease restructuring, foreclosures, deed restrictions, bankruptcies, reopening challenges and permitting are among the most pressing hurdles for his clients navigating a world where the pandemic’s hold is easing.

Read More Free registration required to read
Online tool alerts property owners to title theft
Garland County Circuit Clerk Jeannie Pike said property owners can use FraudSleuth to receive alerts when deeds are filed in their name. Pike, whose office is the repository for all land records recorded in Garland County, said property owners can sign up for free and receive alerts when documents matching their user profile are recorded.

State Lawmaker Explains Wyoming’s Newly Passed DAO LLC Law
Wyoming has become the first state to clarify the legal status of decentralized autonomous organizations (DAOs).

Read More Contributed by Bill Collins, Frontier Abstract
Unraveling ownership issues at Curecanti National Recreation Area
The agreement that launched Curecanti National Recreation Area in 1965 was signed by three interesting men. Foremost among them was the renowned conservationist and Secretary of the Interior, Stewart Udall. Among other things, Udall stood next to President Lyndon B. Johnson at the White House when the Wilderness Act was signed into law in 1964.

Read More This is the final installment of a three-part series on the Curecanti legislation in the Colorado Outdoor Recreation and Economy Act.
Georgia Federal Court Grants Title Insurer’s Motion to Dismiss Breach of Contract and Conversion Claims
The United States District Court for the Northern District of Georgia recently granted a title insurance company’s motion to dismiss claims for breach of contract and conversion, finding that: (1) the closing protection letter at issue was not in effect at the time of the closing due to a subsequently-issued letter; and (2) the lender’s conversion claim was precluded under Georgia law.

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High Court Answers Open Questions Concerning RPAPL 1304 and 1306
On the heels of its landmark Freedom Mortgage v. Engel decision, the New York Court of Appeals, responding to two certified questions from the U.S. Court of Appeals for the Second Circuit, took the opportunity to further clarify New York foreclosure law.

Mother Hubbard Clause Saves a Property Deed
Bell v. Midway Petroleum Grp., L.P., 9th Dist.] Mar. 18, 2021 was a trepass to try title action, suit to quiet title for possession of a land, and a counterclaim for title by adverse possession.

Florida's Proposed Directed Trust and Community Property Trust Statutes: What You Need to Know
The Florida legislature is currently in the advanced stages of enacting legislation that will make critical changes to the Florida Trust Code. The legislation (SB 1070/HB 609) would enact the Florida Uniform Directed Trust Act ("FUDTA") and the Community Property Trust Act ("CPTA"). Here is what you need to know about these proposed laws.

Utah Owners Cannot Simply Rely on Construction Lien Registry Search Results to Find Valid Preliminary Notices
In December 2020, the Utah Court of Appeals found that, because a contractor’s preliminary notice contained the statutorily required information, although in unconventional order, the notice was valid.

New law: Strata titles should come with vacant possession
There have been enough cases of distressful consequences experienced by property owners when their developers have deliberately failed, neglected or refused to apply for and transfer the strata titles to purchasers, even when the latter have paid in full.

Drone operators challenge surveyors' turf in mapping dispute
When Michael Jones started a side hustle shooting drone photos and videos for realtors, his clients wanted more: Images with property lines on them, to better understand where their fences should be.

Disbarred former LeClairRyan attorney Bruce Matson shells out more money to LandAmerica bankruptcy estate
Six months after losing his law license for inappropriately pocketing seven figures’ worth of funds from the long-dormant LandAmerica bankruptcy estate, Bruce Matson has cut another sizable check related to the case.

The Hayward Fault, as the common names would suggest, runs through Hayward, California. Earthquakes aside, though, residents of the town probably never noticed the ground moving slowly beneath their feet

Possession Is Nine-Tenths Of The Law, The Last Tenth Is Elon Musk Breaking Into Your House
At the urging of Musk’s SpaceX lobbyists, Florida legislators just passed House Bill 221 with the relatively innocuous opening “An act relating to recovery of spaceflight assets.”

This Town Has A Sign War Going On Between Many Businesses And It’s Entertaining The Locals

Ed Bridge, the owner of Bridge Kaldro, a music shop in Christianburg, Virginia, received an interesting proposition from his employee. A sign war. He had never heard of it before, but the idea seemed fun. So Bridge put up a message daring a neighboring business: “Hey Super Shoes, want to start a sign war?” And they accepted the challenge.

But when baseball isn’t in season, the field doesn’t matter as much. And in some cases, treating the field like holy ground comes at a cost — you can’t use it for other purposes that would otherwise generate some additional revenue

Cable-chewing beavers take out town’s Internet in “uniquely Canadian” outage

The beavers apparently used some of the Telus materials to build their dam. Telus provided Ars with photos of the damaged cable and the beaver dam.

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