AGENCY BLOG
Issue No.287, July 13, 2022


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NEWS ARTICLES
INDUSTRY
How to report a Notary crime
Notaries are the first line of defense against forgery, identity theft, mortgage fraud and other document fraud crimes. This means that dishonest Notaries who violate their official duties can wreak havoc in real estate and other transactions of value when they commit illegal acts. If you witness a fellow Notary intentionally violating their duties, you should report them to the Notary commissioning and regulating official of your state, and to law enforcement as well.

Title Theft Company Lies to Consumers
Calculating people are always looking for ways to separate the rest of us from our money. Such, it appears, is the case with Home Title Lock, an outfit that promises to “protect” you from home title theft.

Speaking of Home Title Lock, here's another recording municipality that's rendered it useless [New Jersey]
Union County residents are being reminded to protect their property with the property fraud alert notification system, a free service that enables people to respond quickly to unauthorized, potentially fraudulent activity involving their property.

FinCEN’s New Beneficial Ownership Reporting Rules
The Financial Crimes Enforcement Network (“FinCEN”), a bureau of the United States Department of the Treasury, issued a notice of proposed rule-making in late 20211 related to proposed regulations that would require certain business entities to submit and report information with respect to beneficial ownership.

Could Remote Online Notarizations change how you do business?
Marcy Tiberio, a well-respected Mentor and Educator of Notaries and Owner of Professional Notary Services, Inc., has recently founded the New York Notary Alliance (“NYNA”). The primary function of NYNA is to advocate for the regulations and laws that impact notaries and the businesses that benefit from RON throughout the state.

Read More [Contributed by Marcy Tiberio, Professional Notary Services]
Property owners and officials find ways around century-old laws as the West runs out of water
With a mega-drought draining water reserves in the West, states are looking for alternatives to handle water rights, many of which were set more than 100 years ago when water supplies were far more abundant. Back then, just posting a sign next to a water diversion was enough to be considered a right, one which could still be honored now. But the climate crisis is now straining those rights

Read More [Contributed by Bill Collins, Frontier Abstract]
Real Property, Financial Services, & Title Insurance Update 
Week Ending April 16, 2022

LEGAL
The Title Reporter — Summer 2022
An appellate court in New York has ruled that an exclusion in a title insurance policy precluded coverage of a claim asserted by the policyholders. •A federal district court in Illinois has rejected an insured’s lawsuit for breach of a title insurance policy, finding that the insured did not plead a loss or damage and explaining that the title insurance policy did “not cover future or possible damages or loss.”

Gru Was Wrong About the Money: Court Concludes that Lender Owes Contractor “Contractually, Factually and Practically”  [California]
This weekend was all about The Rise of Gru. I love Gru so much that when my children ask for money, my best Gru-like voice belts back: “Now, I know there have been some rumors going around that the bank is no longer funding us….In terms of money, we have no money.” And that’s precisely what many lenders say on distressed projects when the owner fails to make final payment and the contractor looks to the bank for funding: “We have no money for you contractor!”

Judge denies injunction sought by Rock Creek Cattle Co. to continue blocking trail construction [Montana]
Rock Creek Cattle Co. lost a round Friday after a court hearing of more than four hours focused on whether a portion of a road Powell County wants to use for a recreational trail is a county road. District Court Judge Ray Dayton did not rule about the status of the road. Instead, he found that Rock Creek Cattle Co. had failed to meet legal criteria necessary for him to grant a preliminary injunction to continue blocking construction of the Old Yellowstone Trail

Georgia Construction Company Must Remain Defendant in Wetlands Suit, Court Finds
A federal court in Georgia has refused to dismiss a construction company from a lawsuit over wetlands violations, even though the company did not own the property at the time of the alleged dumping of dredge material.

NC Revives Emergency Remote Notarization, Enacts Permanent Law to Debut in 2023
At the onset of the pandemic, North Carolina passed a law allowing emergency remote notarization and oaths by live video (e.g., Facetime, WebEx, Zoom).

TECHNOLOGY
This Virginia county is trying to use blockchain-like tech to store land titles
Among possible applications for blockchain technology, real-estate titles—a bit of land legalese that many people may only think about as they plod through paperwork to buy a house—might not seem high on the list.

A Beginner's Guide to Virtual Real Estate
In the real world, you can invest in property like land, houses and estates. Real estate provides a lucrative investment for people who have the capital required to purchase the available assets. The development of the metaverse has changed everything: now you can buy a virtual plot of land that has an actual deed online. The only difference is that the property you purchase is stored as pixels on the metaverse.

WORLD
Title Insurance Dispute Over Appraisal Of "Actual Loss" For Defects Relating To Municipal Work Order [Canada]
Residential title insurance policies are typically purchased to address potentially issues regarding title to a property. Title insurance policies may also cover “off title” issues such as compliance with municipal work orders that were not registered on title. In cases where such defects are discovered after closing, issues may arise between the title insurer and policyholder over the appropriate way to remedy the matter, particularly if there are substantial cost differences in their preferred approaches.

Real Property Rights Committee Submits Final Report [Canada]
The Real Property Rights Committee, chaired by Highwood MLA R.J. Sigurdson, has submitted its final report to the Legislature, which includes six proposed recommendations for strengthening property rights in Alberta.

Leader Team Broker has launched Title Insurance, a policy that compensates owners for buildings and land at risk of litigation [Romania]
The property situation in Romania is often unclear, due to the troubled history and the many complex laws governing this area, which often clash. This is why, even more than 30 years after the legislation on the restitution of land and buildings confiscated by the Communists and in the absence of a well-developed land register, the real estate market is exposed to ambiguity and uncertainty regarding ownership rights.

PEOPLE IN THE NEWS
Onondaga Nation will regain 1,000 acres of New York forest in historic agreement
The Onondaga Nation is set to regain over 1,000 acres of ancestral land in central New York in what the Department of Interior calls "one of the largest returns of land to an Indigenous nation by a state." "This historic agreement represents a unique opportunity to return traditional homelands back to Indigenous people to steward for the benefit of their community," said Secretary of the Interior Deb Haaland in a Wednesday news release.

LA County returns Bruce’s Beach to descendants of Black owners
Bruce’s Beach, a beachfront property in Manhattan Beach seized from its owners nearly a century ago because they were Black, is being returned to their descendants.

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
Inside the sanctuary where over 600 cats in Hawaii are living the dream
The are currently 667 cats at the Lanai Cat Sanctuary. They have all been spayed or neutered — and each of them has a name. While the animal shelters on neighbor islands struggle with capacity limits and staffing shortages, the Lanai Cat Sanctuary has a unique situation that allows them to accommodate more cats.


Terrible Real Estate Agent Photographs
Property would benefit from renovation, and the lifting of an 18th Century curse.

Europe's island that swaps nationalities
From the sublime viewpoints above San Sebastián in the Basque Country, a hiker can see one of the world's oldest, most romantic, most biblical of paths. The Camino de Santiago pilgrimage passes this way, and the Homerian traverse to Saint James' tomb in the far western corner of northern Spain is well-trodden, proselytising many and capturing minds for centuries.

Why You Never Take Candy from Strangers
In 1898, Mrs. Ida Deane of Dover, Delaware, threw a dinner party. Her sister, Mrs. Mary Dunning, brought a box of chocolates to share. Before the night was over, Mrs. Deane, her sister, and three other guests were very ill. Within three days all five were dead.

Can you spot all the nuts in this optical illusion?
Trying to find the hidden fruits in a sea of bears in this optical illusion could drive you coconuts.

Nancy Kerlin Barnett Grave
Just outside of Amity, Indiana lies the final resting place of Nancy Kerlin Barnett and several family members.