Legislative Developments

The Ohio General Assembly is considering a bill that would require counties to provide an electronic means of recording instruments and accessing recording instruments. It also would allow recorders to charge a document preservation surcharge. Read on for more details.

The New Jersey Legislature has amended a bill to prohibit deeds recorded after Jan. 1, 2021, from including a restrictive covenant regarding the ownership or use of real property. The current bill would allow owners of real property to release restrictive covenants by recording a certificate of release of certain prohibited covenants. The amendments would require homeowners’ associations, cooperative corporations, condominium associations and planned communities to review their governing documents to determine whether those documents contain restrictive covenants and amend those documents if requested. Read on for more details.

The Pennsylvania General Assembly has passed legislation authorizing notaries to perform remote online notarizations (RON). Previously, the assembly passed temporary legislation allowing the use of RON until 60 days after the termination or expiration of the state’s COVID-19 disaster emergency. The new bill awaits the governor’s signature. Read on for more details.

The Louisiana Department of Insurance issued an advisory letter providing guidance and instructions to individuals and agency producers on the procedures to demonstrate they comply with the requirements of the state’s new brick and mortar requirements. Read on for more details.

The Minnesota Legislature passed legislation permitting video conferencing to satisfy the requirement to appear personally before a notarial officer for certain conveyances. The bill was introduced on Oct. 12 and presented to the governor on Oct. 16. Read on for more details.

The California General Assembly has passed legislation amending the state’s foreclosure sale law. The bill awaits the governor’s signature.

California Gov. Gavin Newsom signed legislation that extends the period of time to cancel contracts, including property contracts, if a party to the contract is a senior citizen. Read on for more details.

California Gov. Gavin Newsom signed 12 bills to protect consumers from financial predators and abusive practices, including a law that establishes the state’s department of financial protection and innovation. Read on for more details.

Four ranking member of the Senate Committee on Commerce, Science and Transportation introduced legislation to provide Americans with more choice and control over their personal data and require businesses to be more transparent and accountable for their data practices, in addition to enhancing the Federal Trade Commission’s authority to enforce the act. Read on for more details.

Numerous associations, including the American Land Title Association, the New York State Land Title Association and the American Bankers Association, wrote to congressional leadership to express support for two pieces of legislation designed to streamline the Paycheck Protection Program forgiveness process for small businesses who receive PPP loans. Read on for more details.