News By Edition

The Biden administration issued a fact sheet urging companies to take certain steps now to protect against potential cyberattacks, particularly with the potential for Russian cyberattacks against the United States.

Neighboring property owners disputed the ownership of about four acres of land in between their properties. Each believed the property was theirs based on past deeds on their properties. The case eventually went before the Appeals Court of Massachusetts.

In its annual Internet Crime Report, the FBI’s Internet Crime Complaint Center noted that in 2021 “America experienced an unprecedented increase in cyber attacks and malicious cyber activity.” Total potential losses exceeded $6.9 billion.

Idaho Gov. Brad Little signed legislation regarding providing evidence of ownership and repealing Chapter 1, Title 54, Idaho Code relating to abstractors of title.

The Louisiana State Legislature is considering legislation that would restrict online access to the names of peace officers and judges in a publicly accessible website of a parish property tax assessor or collector.

A disbarred Florida attorney has been sentenced to time in prison for conspiracy to commit bankruptcy fraud and wire fraud. He worked to defraud mortgage creditors and guarantors holding notes on properties in foreclosure.

During a bankruptcy case, the owner of property in Philadelphia, Pa., had the mortgage extinguished. After a final decree was entered in the Chapter 11 case, the current holder of the mortgage tried to enforce the mortgage and the debtor reopened the case to seek relief from what he claimed is a violation of his confirmed plan and his bankruptcy discharge.

The Kentucky Legislature is considering a bill that would exempt records that would reveal the address or location of a public officer and allow public officers to request that their personally identifiable information to be designated as confidential and not publicly posted.

The Federal Bureau of Investigation and the Cybersecurity and Infrastructure Security Agency released a joint cybersecurity advisory warning organizations that Russian state-sponsored cyber actors have gained network access through exploitation of default multifactor authentication protocols and a known vulnerability.

The Consumer Financial Protection Bureau (CFPB) announced changes to its supervisory operations to better protect families and communities from illegal discrimination, including in situations where fair lending laws may not apply.

The Kentucky General Assembly passed legislation establishing deadlines for county clerks to maintain portals for the electronic filing and searching of recorded instruments. The bill awaits the governor’s signature.

Hawaii Insurance Commissioner Colin Hayashida issued Memorandum 2022-4LIC mandating all reactivations for all licenses be submitted online as of March 21, 2022.

The current owner of property in Wisconsin sought the removal of a natural-gas line first installed beneath her property 41 years ago with the permission of the property’s then-owner. The case eventually went before the Supreme Court of Wisconsin to determine whether the former owner’s permission ripened into a prescriptive right under state statute, allowing the public utility to continue using the line over the current owner’s protests.

The Securities and Exchange Commission proposed amendments to its rules to enhance and standardize disclosures regarding cybersecurity risk management, strategy, governance and incident reporting by public companies.

The Colorado General Assembly passed legislation authorizing access to records maintained by a county recorder, county assessor, or county treasurer to certain individuals if the access is related to a real estate matter. It also adds additional persons to the list of protected persons whose personal information may be withheld from the internet. The bill awaits the governor’s signature.

The Connecticut General Assembly is considering a bill that would extend restrictive covenant prohibitions to restrictions based on creed, color, national origin, ancestry, sex, gender identity or expression, marital status, age, lawful source of income, familial status or status as a veteran.

Indiana Gov. Eric Holcomb signed legislation allowing sheriffs to conduct public auctions electronically, prohibiting certain persons from purchasing land at a sheriff’s sale and requiring each person bidding at a sheriff’s sale to sign a statement containing a notice of the law and certain affirmations. The bill goes into effect July 1, 2022.

A Washington escrow officer has voluntarily canceled her limited practice officer (LPO) license in lieu of further disciplinary hearings after being accused of wiring almost $2 million in client escrow funds to a scammer. The Washington State Department of Financial Institutions, Division of Consumer Services (DFI) had in late 2021 issued a temporary order to cease and desist regarding the matter.

After the buyer of property filed a class action against it alleging negligence and unjust enrichment, a title insurance company sought defense and indemnification from its errors and omissions insurance provider. The insurer filed a suit for declaratory judgment against the title company.

Legislation to require critical infrastructure owners and operators to report to the Cybersecurity and Infrastructure Security Agency (CISA) if they experience a cyber attack or if they make a ransomware payment has been passed in Congress as part of the government funding legislation. It will shortly be signed into law by President Joe Biden.

The Ohio Legislature is considering a bill to address discriminatory covenants in real property documents.

The Indiana General Assembly passed legislation to require title insurance producers to complete seven hours of continuing education in a combination of specific subjects. The bill awaits the governor’s signature.

Maine Superintendent of Insurance Eric Cioppa announced his retirement after 33 years at the Maine Bureau of Insurance. His last day is April 1.

An Essex County, N.J., man was sentenced to time in prison for conspiring to obtain mortgage loans to finance the sale of properties to unqualified buyers, securities fraud by inducing a victim into investing over $1.2 million into real estate companies under false pretenses, and violation of supervised release.