Jackson & Campbell P.C. Update
	October 24, 2006
	Dear Real Estate Professional: DC: Change in Real Property Tax Rates: Residential rate has gone from $0.92 to $0.88 for each $100 of assessed value effective 10/1/06 and will first appear on the first-half 2007 bills. This was not effected by new legislation. Existing legislation (47 DC Code 812(b-8)(ii)) requires the Mayor to calculate revisions to the rate on a yearly basis. We will calendar this for review yearly in early September to keep you advised of the new rates. No changes to Class 2 Properties ($1.85) or Class 3 Properties ($5.00). DC: Homestead Deduction REMAINS at $60,000 unaffected by Cost of Living Increases. Although DC Law 16-557/Act 16-260 spoke of a possible increase in the Homestead Deduction and a Cost of Living adjustment thereafter, that change was conditioned upon budget approval. That budget approval never happened; thus, the Homestead Deduction remains at $60,000. General (US Supreme Court): Tax Sale: When a government's notice of tax sale is returned unclaimed, the state must take reasonable steps to provide notice to the owner before property is sold, if practicable to do so. While "actual notice" is not required, "notice reasonably calculated, under all the circumstances, to apprise the interested parties of the pendency of the action and afford them an opportunity to present their objections. Jones v. Flowers No. 04-1477, U.S. Supreme Court. The procedures followed in local jurisdictions differ from those utilized in Arkansas and appear to satisfy the Supreme Court's mandate. DC: Requirement of Non-titled spouses/domestic partners to join on Deeds of Trust. David Catania has introduced corrective legislation in the form of Bill 16-901 . There will be a public hearing where testimony will be taken before the DC Council on November 8, 2006 at 10:00 a.m. in room 412 of the District Building. If anyone wants to submit written material, such as a letter of support, please send 16 copies thereof before November 6, 2006 to Janene Jackson, Committee Clerk, Judiciary Committee, DC Council, 1350 Penn. Ave NW, Washington, DC 20004. Please send a copy to Roy Kaufmann at Jackson & Campbell. If you would like to testify, please contact Ms. Janene D. Jackson, Committee Clerk, at (202) 724-8064, by fax at (202) 724-6664, or via e-mail at jjackson@dccouncil.us, and provide your name, address, telephone number, organizational affiliation and title (if any) by close of business Monday, November 6, 2006. DC: Mechanic's Lien. As previously reported, there have been massive changes to the Mechanic's Lien statute as set forth in the Mechanic's Lien Amendment Act . The Recorder of Deeds has asked us to prepare a proposed form to use to record a Notice of Intent. Please review our proposed form and forward any comments you may have to Roy Kaufmann. DC: Continuing Problems with WASA Bills. The WASA Task force of the DC Land Title Association reports continued problems in obtaining timely, accurate water bills. Please remember that WASA has instituted a special email address for use by title companies: TitleCustServ@DCWASA.com. Title companies are encouraged to use this address because WASA has committed to staffing this one email address with a full-time person IF the address is sufficiently utilized. General: Limiting Escrow Agreement's Statute of Limitations: A court recently upheld some good language inserted into an escrow agreement that read "No action shall be against Escrow [Agent] for any claim, loss, liability, or alleged cause of action of any kind or nature whatsoever caused or occurred under this escrow [agreement] or in connection with the handling or processing of this escrow, unless filed within twelve (12) months after the close of escrow as defined herein." General: Good language for powers of attorney involving military personnel: "Notwithstanding my insertion of a specific expiration date herein, if, on the above-specified expiration date I shall be, or have been, carried in a military status of "missing", "missing in action", or "prisoner of war", then this power of attorney shall automatically remain in full effect until sixty (60) days after I have returned to the United States Military control following termination of such status. This power of attorney shall not be affected by the disability of the principal." Upcoming Seminars and Continuing Education: Presentation of new GCAAR Contract. DC Bar Real Estate, Housing and Land Use Section. Excellent comparison of completely revised GCAAR (Greater Capital Area Association of Realtors) Contract used in the majority of residential real property transactions in DC and Maryland. Speakers/Moderator: Art Konopka, Esq., Benny Kass, Esq., Chris Darby, Esq., (Universal Settlements), Amy Fisher (Realty Group), Tony Devol, Esq. (RGS Title) November 20, 2006 12:00-1:30 at 12:50 H St NW. Cost $25 (Section members $15). Contact 202-626-3463. GCAAR: Yearly Summit. Roy Kaufmann of Jackson of Campbell will be the speaker on legislative update and ethics. November 29, 2006 Federal: Court of Federal Claims Judicial Conference Led by leading legal practioners, including James P. Schaller, Esq., President of Jackson & Campbell, P.C.; October 25, 2006. Click here for details. DC: Examining and Resolving Title Issues, Cliff Mount, Esq. of Jackson & Campbell, P.C., Gary K. Bahena, and Barrett L. Kime. CLE Credit. November 14, 2006. Click here for details. VA: Examining and Resolving Title Issues, David H. Cox, Esq. of Jackson & Campbell, P.C., John E. Rinaldi, Esq. and R. Michael Smith, Esq. CLE Credit (NBI). December 20, 2006. Click here for details. 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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