Jackson & Campbell P.C.

   
   Jackson & Campbell P.C. Update  
  August 18, 2006   
 

Dear Real Estate Professional:

Abreviated Summer Edition:

DC: Reinstated Requirement for Signature of non-titled spouses and domestic partners on Deeds of Trust (notwithstanding abolishment of dower). Phil Mendelson, in the midst of his busy campaigning, has agreed to revisit this topic with an eye towards possibly introducing permanent legislation.

DC: Bill 16-789: Condo Warranty Bond. On July 11, 2006, emergency legislation was introduced by Jim Graham that gives "discretion" to DCRA to refund warranty bonds directly to homeowners associations or to owners. When there were loud complaints that DCRA has and would continue to abuse its discretion by tendering funds with no notice, opportunity to respond, or any hearing, Mr. Graham started working with Charles Barber (VP of GWU), David Briggs (Holland & Knight) and the DC Building Industry Association to arrive at proposed policies for Mr. Canavan (Director of DCRA) to use until permanent legislation is passed. For copies of any such proposals, please contact Roy Kaufmann. A copy of the Emergency Act can be seen by clicking here.

DC: Retroactive Assessments of Lost Homestead and Senior Citizen Benefits. DC Land Title Association is scheduled to meet with Dr. Ghandi and Councilmember Jack Evans on August 25 on this issue. The crux of the issue is that when a seller who enjoys homestead or senior citizen relief sells to a party who is not so entitled, the OTR is automatically and retroactively cancelling the benefits to the beginning of the tax half-year in which the sale occured (and deleting the "cap" and assessing interest and penalties). Quite apart from the unintended and harsh results to the seller, title companies are dragged into the attempt by DC to back-assess the Sellers.

DC: DC Recorder of Deeds is offering training sessions on the Electronic Recordation (called "eRecording"). The response has been so great that all sessions are fully booked. Larry Todd will advise us when additional sessions are scheduled. Mary Short Davis is now the Deputy Recorder of Deeds and we welcome her aboard.

Please feel free to circulate this newsletter to others in the industry, both within and outside your office. The contents of this Update are intended for general informational purposes only and should not be relied upon as legal advice or as a substitute for consultation with a qualified attorney. Moreover, the mailing hereof is not intended to create nor does it constitute an attorney-client relationship.

Sincerely,

Roy L. Kaufmann of the Real Property and Asset Management Group
Jackson & Campbell P.C.


email: rkaufmann@jackscamp.com
voice: (202) 457-1600
web: http://www.JacksCamp.com
 
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