Recordation

News & Analysis as of

An Action To Quiet Title Is Necessary To Lift A Condition Recorded In A Deed Restriction

During the land use approval process the reviewing board often grants an approval subject to the imposition of certain conditions. An applicant is usually so thrilled to secure an approval that they readily agree to the...more

Recording Of Mortgage Necessary For Qualified Residence Interest Deduction

Two individuals borrowed money from the mother of one of them. A mortgage was prepared to secure the debt, but it was not recorded in the public records....more

Unrecorded Override Assignment Trumps The Public Records Doctrine

Lawyers and landmen are taught that a document affecting real or immovable property not recorded in the public records means nothing to a stranger. Like O. J.’s quest for the real killer, lower premiums after the Patient...more

Protect Your Brands in the New Domain Name Regime: The Trademark Clearinghouse Is Open for Business

New generic top-level domain names (gTLDs) such as .fun, .law, and .money have been in the works for a very long time, and the first batch may be just around the corner. ICANN recently published a “hypothetical” timeline...more

In-House Loan Modifications In South Carolina Are Not The Unauthorized Practice of Law

?The South Carolina Supreme Court recently issued two opinions concerning the unauthorized practice of law in real estate transactions. Under earlier Supreme Court cases, five aspects of a real estate loan or mortgage...more

Maryland Expands Recordation and Transfer Tax Exemption to Include LLC Transactions

Effective July 1, 2013, Maryland’s recordation and transfer tax exemption for transfers of real property between related entities will be available to limited liability companies. The exemption, previously applicable only to...more

Florida to Government: Your Lien Doesn't Foreclose This Old Mortgage

The Florida Supreme Court has ruled that cities cannot create ordinances that subject prior recorded mortgages to their subsequently recorded county or governmental liens, because it conflicts with Florida's state statutes on...more

July 1, 2013, Taxes Become Due & Recording Deeds Becomes Difficult – Get Deeds Recorded Well In Advance

This is intended to be advance notice that annual real property taxes become due on July 1, 2013. At any time, the Land Records will not record deeds for properties for which there are outstanding taxes. The annual taxes...more

Connecticut Implements Electronic Mortgage Recording

Recently, Connecticut finalized regulations to implement changes to the state’s Uniform Real Property Electronic Recording Act that allows town clerks to accept electronic documents for recording on the land records. Prior to...more

Failure to Comply with Minnesota's Statutory Requirements in Foreclosure by Advertisement Costs Lender

Lenders foreclosing by advertisement in Minnesota must comply with many technical requirements. One requirement is "that the mortgage has been recorded and, if it has been assigned, that all assignments thereof have been...more

Mineral Claims And The Duty To Consult In Yukon

On December 27, 2012, the Yukon Court of Appeal handed down its decision in Ross River Dena Council v Government of Yukon, 2012 YKCA 14. The decision related to an appeal of Mr. Justice Veale’s decision regarding the claim of...more

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