News & Analysis as of

Recording Requirements

DC Proposed Regulations Modify Deed of Trust Recording Tax Exemptions

by Seyfarth Shaw LLP on

New regulations proposed by the District of Columbia affect the recordation tax exemptions for purchase money deeds of trust not recorded simultaneously with the deed, deeds of trust recorded to refinance construction loans...more

How to Avoid Getting Your Deed Rejected for Recording, Part 3: 10 Fail-Safe Tips to Insure Success

by Farrell Fritz, P.C. on

On July 11, 2016, we authored Part One in an ongoing series discussing the mechanics of how to successfully record a deed in the State of New York, wherein we discussed the various types of ownership interests and how they...more

Perfecting and Renewing Judgment Liens

A judgment is only as good as your ability to get it satisfied. That means you need to ensure that your judgment is properly recorded and turned into a valid lien....more

Let's Talk North Carolina Leases: The Leased Premises Is Primary

by Womble Bond Dickinson on

We talked in our last piece about the parties to a lease, and the nuances of that requirement. Today, as promised in our last post, we discuss the "leased premises". A lease is a contract. It is a contract in which the...more

Maine Mortgagees: Send Your Mortgagor the Actual Recorded Release, Not a Copy

by Pierce Atwood LLP on

On September 13, Maine’s Supreme Judicial Court (the “Law Court”), in a 4-2 split decision, issued an opinion that may expose mortgagees and mortgage servicers to significant liability under the Maine statute that governs the...more

A New Solution to an Old Problem

by Goodwin on

Citizens in many countries the world over are plagued by an inability to record their land interests in a reliable and secure registry. Inefficiency, corruption and nepotism are rife, leaving countless people at risk of...more

Supreme Court of South Carolina sides with MERS in Kubic v. MERSCORP Holdings, Inc.

On March 30 2016, the Supreme Court of South Carolina weighed in on the attempts of several South Carolina counties to make Mortgage Electronic Registrations Systems, Inc. (MERS), and its member banks pay for the correction...more

Recent Developments in Recordal Procedures for Trademark Licenses in China

On August 26, 2015, the Trademark Office of The State Administration For Industry & Commerce of the People’s Republic of China (“TMO”) issued revised guidelines entitled Applications for Recordal of Licenses of Registered...more

"MiFID II Expected to Have Significant Impact on Investment Managers"

When implemented, revisions to the EU’s Markets in Financial Instruments Directive (MiFID II) will radically change the regulation of EU securities and derivatives markets, and significantly impact the investment management...more

Filing Trust Modification As Public Record Started Statute Of Limitations

by Bryan Cave on

Fiduciaries should always be thinking of ways to get the statute of limitations started. Why have a claim hanging over your head for many years, when you can take actions that shorten the time in which a claim may be brought...more

The Basics of E-Recording

by Carlton Fields on

The Uniform Electronic Transactions Act (UETA) in most states, and the Global National Commerce Act (E-sign) federally, allow sale contracts, mortgage instruments, and promissory notes to be memorialized with the electronic...more

MERS: Better Than a Faster Horse

by Dechert LLP on

MERSCORP, Inc. (“MERS”) has been under fire for years. We wrote about it a while back when residential mortgage borrowers challenged the ability of MERS to foreclose on mortgages it held on the theory that MERS, as a mere...more

Notice Me: The New Notice Requirements for HOA Lien Foreclosures in Nevada

In a previous blog post, we reported on Senate Bill 306, passed by Nevada Governor Brian Sandoval on May 28, 2015. The legislation redresses the substantial harm caused by SFR Investments Pool 1, LLC v. U.S. Bank, N.A. In SFR...more

Revised Property Transfer Tax Return Form Requests Additional Information About Hidden Buyers of New York City Real Estate

by Hodgson Russ LLP on

In February, the New York Times published an 8,000-word investigation into wealthy foreigners buying New York City real estate and taking advantage of U.S. laws that allow them to set up shell companies in order to obscure...more

Insurance May Cover Call Recording Class Actions

Companies often monitor or record conversations between their employees and customers for training or quality control purposes. California law prohibits monitoring or recording unless both parties consent. Class actions have...more

New Georgia Law Sets Deadlines for Deeds, Relaxes Attestation Requirements

by Baker Donelson on

If you thought you knew the decades-old Georgia requirements for attesting a security instrument or recording a deed under power, think again. These basic rules are changing on July 1, 2015, and the changes are expected to...more

No Need for Foreclosing Trustee To Record New Notice of Sale upon Third-Time Postponement, Nevada Supreme Court Holds

by Ballard Spahr LLP on

The Nevada Supreme Court recently interpreted a statute that governs the manner in which a foreclosing trustee can postpone a trustee’s sale. At issue was whether a trustee must record a new notice of sale upon orally...more

All Consuming - Legal Updates for Consumer Finance Professionals

In This Issue: - Supreme Court Provides TILA Home Loan Rescission Guidance - West Virginia Legislature Proposes Changes to the WVCCPA - Defeating Another Challenge to the Mortgage Electronic Registration...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending December 12-26, 2014 & January 2, 2015

by Carlton Fields on

REAL PROPERTY UPDATE - - Quiet Title: investor who pooled money with two other entities to purchase property could not quiet title after the two entities recorded second version of deed that omitted investor’s name...more

Mortgage Recording: What Happens When There Is An Extra “E”?

by Pepper Hamilton LLP on

Weiss v. JPMorgan Chase Bank, N.A. (In re Thibault), 518 B.R. 635 (Bankr. D. Mass. 2014) – A chapter 7 trustee sought to avoid a mortgage using his “strong-arm” powers on the basis that it was not properly recorded...more

Recorded Documents: Who Loses When A Document Is Not Properly Indexed?

by Pepper Hamilton LLP on

Agin v. Dookhan (In re Hultin), 516 B.R. 190 (Bankr. D. Mass. 2014) – A chapter 7 trustee sought to avoid a transfer of the debtor’s real property using his “strong arm” powers based on an argument that the deed...more

District Court Issues Crucial Ruling on Pennsylvania's Recording Statute

by Ballard Spahr LLP on

The U.S. District Court for the Eastern District of Pennsylvania has held that the failure to create and record written instruments evidencing assignments of mortgages and transfers of promissory notes secured by mortgages on...more

OSHA Announces Final Rule On Recording Requirements

by Fisher Phillips on

On September 11, 2014, OSHA released its final rule for Occupational Injury and Illness Recording and Reporting Requirements. The rule, which takes effect on January 1, 2015, makes two important changes that tighten OSHA’s...more

Improperly Indexed Mortgage: How Far Does Your Record Review Need to Go to Be Safe?

by Pepper Hamilton LLP on

Albert v. Green Tree Servicing, LLC (In re El Erian), 512 B.R. 391 (Bankr. D. D.C. 2014) – A chapter 7 trustee sought to avoid the lien of a recorded deed of trust because (1) it contained both correct and incorrect...more

Court Upholds Constitutionality of Pennsylvania Recording Statute

by Ballard Spahr LLP on

A class action suit against Mortgage Electronic Registration Systems (MERS) in Pennsylvania will go forward after a federal district court ruled that the state recording statute is constitutional. The court ruled that the...more

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