Legislative Developments

The Utah State Legislature adopted the Utah Consumer Privacy Act. The new law, among other things, provides consumers with specific rights regarding their personal data and requires businesses that process consumers’ personal data to safeguard that data. The new law goes into effect Dec. 31, 2023.

The Connecticut General Assembly has adopted legislation to clarify statutory provisions relating to a person having a title interest in real property that is subject to a lien for probate fees.

Illinois Gov. J.B. Pritzker signed legislation to amend the Counties Code to provide that a physical or electronic image of a recorder’s stamp satisfies the signature requirement for recorded instruments prior to, on and after the effective date, May 13, 2022.

The New York State Legislature passed legislation to address an ongoing problem with abuses of the judicial foreclosure process it feels has been exacerbated by court decisions that give mortgage lenders and loan servicers opportunities to avoid strict compliance with state statutes. The bill would clarify existing statutes, codify correct judicial applications of state statute. The bill awaits the governor’s signature.

The Virginia General Assembly has adopted legislation adopting amendments to the state’s eminent domain statutes, providing for attorneys fees to be awarded in eminent domain cases in which there is a judgment for a property owner if the judgment is not paid within the time required by law.

The Louisiana State Legislature is considering a senate resolution to extend the reporting and termination deadlines of the Task Force on Statewide Standards for Clerks of Court Electronic Filing and Records Retention.

The Kentucky General Assembly adopted legislation relating to the documentation for property which has a Kentucky certificate of title.

Virginia Gov. Glenn Youngkin signed legislation regarding the duty to disclose ownership interest and lis pendens.

Mississippi Gov. Tate Reeves signed legislation making the term of certain licenses and certificates issued by the commissioner of insurance perpetual until the commissioner revokes the license or certificate, or the license or certificate is forfeited by the licensee or certificate holder. The bill goes into effect July 1, 2022.

Virginia Gov. Glenn Youngkin signed legislation that clarifies a seller is not prohibited from retaining a licensed attorney to represent his interests and provide legal advice pertaining to escrow, closing or settlement services. The bill went into effect upon passage.