Legislative Developments

The Massachusetts Legislature is considering a bill that would authorize the Town of Nantucket to impose a real estate transfer fee for affordable and workforce housing and related capital improvements.

The District of Columbia Council passed legislation to amend the Revised Uniform Law on Notarial Acts of 2018, allowing notaries to perform a notarial act for an individual who is not physically present before the notary public. The bill awaits action from the mayor.

The U.S. House passed the Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2021 shortly after the House Committee on Energy & Commerce passed six consumer protection bills, including the SECURE Notarization Act and the American Data Privacy and Protection Act.

U.S. Sens. Cindy Hyde-Smith (R-Miss.), John Kennedy (R-La.), Bill Cassidy (R-La.) and Marco Rubio (R-Fla.) introduced legislation to authorize a one-year extension to the National Flood Insurance Program (NFIP), which is set to expire on Sept. 30, 2022.

The Vermont Legislature adopted legislation prohibiting racially and religiously restrictive covenants in deeds at the state level. The bill went into effect July 1.

The Delaware General Assembly passed legislation adopting the Uniform Law Commission’s Revised Uniform Law on Notarial Acts (RULONA), allowing for the use of remote online notarizations (RON). The bill will go into effect on Aug. 1, 2023.

A bill has been enacted under Article II, Section 17(c) of the Maryland Constitution that authorizes title insurers to conduct a required annual review of a title insurance producer in person, remotely by using mail, overnight delivery, or electronic means or by a combination of in-person and remote methods. The bill will go into effect Oct. 1, 2022.

California Gov. Gavin Newsom signed legislation expanding the scope of the Uniform Partition of Heirs Property Act. The act, now known as the Partition of Real Property Act, now applies to any real property held in tenancy in common where there is no agreement in a record binding all the cotenants which governs the partition of the property.

The Mortgage Bankers Association (MBA) sent a letter to New York Gov. Kathy Hochul urging her to veto the Foreclosure Abuse Prevention Act, arguing it would harm homeowners by limiting a lender’s flexibility to work with borrowers in default to offer them home retention options in lieu of foreclosure.

The Maryland General Assembly adopted legislation requiring courts in actions to partition real property to determine the market value of the property unless it makes certain determinations; establishing procedures for the purchase of interests in real property by cotenants; for the partition in kind of real property among cotenants, and for the partition by sale of real property on the open market by a real estate broker licensed in Maryland. The bill goes into effect Oct. 1, 2022.