July 28, 2011

Real Property & Asset Management Practice Group

David H. Cox

James R. Michal

Lydia A. Auzoux

Lisa A. Bell

Rick 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










Title Industry Newsletter Collection



DC: Foreclosure Mediation: Impasse may be resolved and residential foreclosures, stopped since November, may resume.

See Complete Summary

DC: New Homestead/Sr. Citizen Application Form:  Please be aware there is a new homestead deduction form—do not use the outdated form.  The new form is available here.

DC: Tax Sale of "Junk" Properties (properties where taxes outstanding may exceed value) Click here to see Junk Sale Ad.

DC: Learn how to obtain an “Attorney Badge” that may expedite entry into the Superior Court of DC.

See Complete Summary

DC:  $5000 First-Time Homebuyer Credit and investment incentives extended through 2011.

Congresswoman Eleanor Holmes Norton (D-DC) helps DC residents and businesses by bringing back the $5,000 D.C. homebuyer tax credit and introducing new small business tax credits that are retroactive for 2010 and will extend through 2011.

See Complete Summary

DC: DOPA: Mayor's First Right to Purchase 5+ Unit Buildings

See Complete Summary

DC: Archives has now opened for public viewing ROD's libers and index cards. DC Archives is located at 1300 Naylor Court, NW and its hours of operation are Mondays, Wednesdays, and Fridays from 9AM to 1PM.

DC: DC Title Insurance Licenses: The National Insurance Producer Registry now allows individuals and entities to obtain DC title insurance producer licenses through its website.  Learn of helpful tips from the District of Columbia Land Title Association.

See Complete Summary

DC Ct App: Crusader v. Heyward. Tax Sale Foreclosure Matter: Failure to comply with mailing requirements as to notice of right of redemption resulted in dismissal of Complaint to Foreclose Rights of Redemption as to a Certificate of Delinquent Water/Sewage Charges.

See Complete Summary


19th Council Period (2011)

18th Council Period (2009-2010)


MD: Tax Sale:  A plaintiff’s failure to file an affidavit or obtain a court order for substitute service did not work a constructive fraud on the homeowner.

See Complete Summary

MD: Absence of Business License knocks out landlord who sought a summary ejectment action against a delinquent residential tenant.

See Complete Summary


VA: Fairfax County: New rules of eligibility for the "refinance-same lender" exemption require the land records patron to prove that the current owner (actual note holder/investor) of the note and new lender are the same entity.

See Complete Summary

VA:  Homeowner was on notice of mold because her inspector found standing water prior to closing.

See Complete Summary

VA:   Liquidated Damages Upheld in Breach of Residential Lease

See Complete Summary

VA: Condemnation:  Supreme Court of Virginia ruled that there was sufficient evidence to submit to the jury the issue of whether items in question in the fast food restaurant were fixtures or personalty for condemnation purposes.

See Complete Summary


Federal: Survey Requirements Changed.  Minimum standard detail requirements for American Land Title Association (ALTA) and American Congress on Surveying and Mapping (ACSM) land title surveys have been modified so the title insurer, and not the surveyor, is now responsible for providing zoning information.

See Complete Summary

Federal: The Consumer Financial Protection Bureau (CFPB) released the Good Faith Estimate (GFE) and Truth in Lending Act (TILA) disclosure form drafts.  The CFPB website allows consumers and industry professionals to review "Option A" and "Option B" of the draft forms to choose which they prefer.


AZ: Londen Land Company, LLC v. Title Resources Guar. Co. (D. Ariz.), Londen was the sole member of Florence Ventures, L.L.C. and treated Florence as a disregarded entity for tax purposes. The court held that Londen did not retain an interest in real property it conveyed to Florence. Any interest Londen had in Florence was personal.

See Complete Summary


DC: Tax Sale Foreclosure Law Reporter. Jackson & Campbell announces a new site available to the public that reports decisions, articles, and pleadings related to tax sale foreclosure proceedings. If you have a .pdf to add to this listing, please send it, along with a brief description, to Roy Kaufmann at RKaufmann@Jackscamp.com. Additionally, a list of suggested changes to the code, court rules, and regulations is being assembled. This is a collaborative document and anyone is welcome to review and add suggestions. Please contact Mr. Kaufmann if you wish to participate in that effort.

David Cox was recently re-elected as a member of the Steering Committee of the Real Estate and Land Use Section of the D.C. Bar and will be attending the ABA Meetings in Toronto in August as an active member of the Title Insurance Litigation Committee.


The firm acknowledges the contribution to this news alert of Claudio Sayan Lazarte who served as editor.


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


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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