AGENCY BLOG
Issue No.265, February 9, 2022


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NEWS ARTICLES
INDUSTRY
Consumer Fees Find Themselves in the Crosshairs: The CFPB Seeks Public Input on Alleged “Junk Fees” in the Consumer Financial Services Industry
The Consumer Financial Protection Bureau (“CFPB”) has continued to ratchet up its regulatory scrutiny over the consumer financial services market. On January 26, 2022, the CFPB published an initiative seeking public input on so-called “junk fees” in consumer financial services. According to the CFPB, “junk fees” occur where: (i) fees are charged for things consumers believed were covered by the baseline price of a product or service; (ii) fees are unexpected; (iii) the expense of the fee is greatly disproportionate to the cost of the service; or (iv) it is unclear why a fee was charged.

Oneida County offers free property fraud alert program
Oneida County is offering a free alternative to property owners. Property Fraud Alert is a free notification service offered through the register of deeds office. It allows owners to go online and set up alerts on real estate they own in the county. Property owners need to enter their name or entity information into the system, then any time there is recording against the name or entity, an automated alert will be emailed or a text will be sent.

Louisiana Issues Rules for Remote Online Notarization
Louisiana recently established rules under Chapter 46, Section 101 et seq. of the Administrative Code to add Section 144 related to remote online notarizations. The rules are effective immediately. Notaries public that are currently commissioned and in good standing may perform online notarization acts after meeting certain additional requirements, including submitting an application and successfully completing additional educational requirements.

Real Property, Financial Services, & Title Insurance Update:
Week Ending January 7, 2022

LEGAL
Artificial islands as real estate? The murky finances behind the Utah Lake Restoration Project
The artificial islands proposed for the Utah Lake are years away from approval, but the real estate created by the controversial dredging project is already being offered to back up complicated investments that would help finance it.

With federal legislation filed, Prairie Band Potawatomi Nation hasn’t lost hope for Shabbona land
The filing of a federal reservation resettlement act by a Kansas senator has renewed the hopes for the Prairie Band Potawatomi Nation as it seeks to reclaim nearby land in Shabbona.

Eminent Domain Issues Affecting New Jersey Condominiums - Can the Government Really Take Part of Our Common Elements?
Eminent domain, sometimes referred to as condemnation, occurs when the government exercises its power to take private property for public use. When this awesome power is exercised, the government must pay the property owner “just compensation” for the property taken, as required by the Fifth Amendment of the United States Constitution.

The Idaho Supreme Court Is Making It Easier to Inadvertently Lose Property Rights
While the Idaho legislature has been making it harder to lose real property rights through carelessness or inaction, the Idaho Supreme Court has been making it easier. In Idaho, and most other states, it has long been the law that someone possessing (or using) real property adversely to the rights of the record owner can eventually acquire an ownership (or easement) right if the adverse possession (or use) continues long enough.

TECHNOLOGY
Will Blockchain Technology Really Ever Supplant The Humble Title Search?
I’m a fan of Neil deGrasse Tyson. I regularly listen to his “StarTalk” podcast. In this week’s episode, helped along with some comedic relief from Marcia Belsky, Neil talks to Dr. Sandra Johnson about the science behind cryptocurrency and blockchain technology.

5 questions to ask when choosing a RON platform
RON requirements and laws vary between states. It's vital to choose a platform that complies with your Notary laws. Most states either require RON platforms to be approved by the commissioning official or meet performance standards established for the performance of remote notarizations.

WORLD
Did you see? You may have missed Colin White, Frances White v Merwin Amirthan Amirtharaja, Jennifer Shiromi Amirtharaja [2022] EWCA Civ 11
Brie Stevens-Hoare QC acted for the successful Respondents before the Court of Appeal. The claim started life in the County Court sitting at Southend. The Claimants and Appellants before the Court of Appeal (“the Whites”) claimed title to a passage way leading to their property by reason of alleged adverse possession by their predecessor, a Mr Bright. They sought rectification of the register accordingly.

PEOPLE IN THE NEWS
NY Senate confirms nomination of Adrienne Harris to serve as Superintendent of the NY Department of Financial Services
The New York Senate has confirmed Governor Hochul’s nomination of Adrienne Harris to serve as Superintendent of the state’s Department of Financial Services. Ms. Harris has been serving as Acting Superintendent since the departure of her predecessor, Linda Lacewell, in August 2021.

Title Agents Take Business to the Next Level
For agents interested in growing their business 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
Swiss Woman Rents Out Tent on Balcony for $540 a Month
People on the lookout for affordable housing in the Swiss city of Zurich can now opt for a two-person tent on an open balcony offering “a view of the starry evening sky” for just 500 Swiss francs ($540) a month.

Read More [Contributed by Bill Collins, Frontier Abstract]
A prime waterfront property on Cannery Row has been vacant for decades, and it’s not even clear who owns it. What went wrong?
With the exception of a remnant building that was for a time was used to process kelp and later became an art gallery, the property at 484 Cannery Row has sat derelict since the San Xavier Cannery burned down in 1967. The parking lot across the street at 501 Cannery Row is also part of the proposed project site; the city of Monterey demolished an old San Xavier warehouse on that property in the mid-1990s for safety reasons.

Polar bears move into abandoned Arctic weather station – photo essay
Contributed by Ted Werner who wonders if adverse possession exists in Russian law? Can time run against the sovereign?

Mapping error raises question of location of 9 islands
The Maine Legislature is getting involved in a dispute over which county can claim a string of coastal islands.