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September 26, 2011

Real Property & Asset Management Practice Group

David H. Cox
(Co-Chair)

James R. Michal
(Co-Chair)

Lydia A. Auzoux

Lisa A. Bell

Richard W. Bryan

Kristina A. Crooks

Christopher A. Glaser

Justin P. Hayes

Thomas Penfield Jackson

Roy L. Kaufmann,
Of Counsel


Allyson C. Kitchel

James N. Markels

John J. Matteo

Clifton M. Mount

Stefan C. Nicholas

David A. Rahnis

Mitchell B. Weitzman








 

 

 

 

 

 

 

 

 

 

DISTRICT OF COLUMBIA

DC: Foreclosure Mediation Regulations – Complete, Proposed Revisions Published.  DISB has published notice of the completely revised, proposed regulations. Click HERE for a copy of the regulations.

The comment period ends on October 22, 2011.

DC: Foreclosure Mediation Law - The Emergency version of the Saving DC Homes from Foreclosure law expires on November 7, 2011.  A temporary version of Bill 19-420 is pending.  No permanent legislation has been introduced. Click HERE for a copy of Bill 19-420.

DC: Title Insurance Act.   For your easy reference, links provided here to:

Title Insurance Act and the Regulations (found at 26 DCMR 4100 et seq.)

DC: Commercial Refinances – Recordation Tax - Proposed Bill to Reaffirm Current Practice.  Bill 19-371 would codify the current practice that recordation tax is only assessed on the delta between the new loan amount and the refinanced amount upon which tax may have been paid (or exempted). Click HERE for a copy of Bill 19-371.

The Hearing Notice announces that there will be public hearing on the Bill on October 12, 2011 and provides information on how to present testimony.  Click HERE for a copy of The Hearing Notice.

DC: Recorder of Deeds – New Procedures for Accessing Archived Documents.  No longer will ROD staff be available to assist with archived documents.  Instead, the DC Archives Staff will assist.  Hours of operation are only Tuesday and Thursday, 9 a.m. to 12 p.m. Refer questions to Bill Branch, the Archivist, at (202) 671-1105. 

Click below for a copy of: 

Policies and Procedures of DC Archives Office
Copy Request Form and
Liber Request Form.

DC: Recorder of Deeds – Going Flat Fee.  After tireless efforts by DCLTA, we understand that the ROD will be publishing proposed rules, effective January 1, 2012, that will dispense with  per-page filing fees and, instead, there will be a flat $150.00 fee for Deeds of Trust/Modifications of Deed of Trust/Amended and Restated Deeds of Trust and $25.00 for all other documents.

D.C. LEGISLATIVE UPDATE CHARTS

19th Council Period (2011)

18th Council Period (2009-2010)

MARYLAND

MD: Defects in Deeds of Trust Cured by Statute.  Deeds of Trust were missing or had incomplete affidavits of consideration.  Bankruptcy Trustees took the position that to attach or complete such affidavits invalidated the security interest.  MLTA filed an amicus brief and the MD Court of Appeals held that Maryland Code, Real Property Article, § 4-109 controlled and that missing, defective or improperly completed affidavits of consideration are cured by the passage of time. Zvi Guttman v. Wells Fargo. Click HERE for a copy of opinion.  

MD: Insurance Administration Issues Bulletin – MAHT issues.  A bulletin has been issued concerning MAHT issues including escrow accounts, enforcement, notices of violations, and suspension of producer licenses. Click HERE for a copy of the bulletin.  

NEWS, SEMINARS & EVENTS:

DC: The DC Land Title Association’s fall seminar will be held on October 6.  Topics will include TOPA,  Title Insurance Licensing,  Legislative update (Roy L. Kaufmann, of Jackson & Campbell, P.C.  is the presenter), and Loss Prevention (David H. Cox, of Jackson & Campbell, P.C. is the presenter. David is also serving as the moderator). Click HERE for additional program and registration details.

U.S.News – Best Lawyers recognizes David H. Cox as a 2012 Best Lawyer in America in the categories of Real Estate Law and Real Estate Litigation for the third year in a row.

Please feel free to circulate this news alert to others in the industry, both within and outside your organization.

Sincerely,

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


email: Roy L. Kaufmann at rkaufmann@jackscamp.com
voice: (202) 457-1600
web: www.jackscamp.com

 

 

 

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 © 2011 Jackson & Campbell, P.C.

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