Legislative Updates The Connecticut legislature has amended its laws regarding real estate closings, while the North Carolina legislature has updated the charge for a returned check.  Both bills discussed here are effective October 1, 2019. CONNECTICUT SENATE BILL 320 The law has been amended to provide that real estate closings may only be conducted by […]

OHIO SENATE BILL 263 The Ohio legislature recently enacted the Notary Public Modernization Act to streamline the notary public system in Ohio and provide for electronic notarization, effective September 20, 2019. A notary public is entitled to the following fees: Only one of the above described fees may be charged and may not be calculated […]

Maine Legislative Documents 1327, 1405 and 907 The Maine legislature recently modified various provisions of its foreclosure laws, effective September 19, 2019. Legislative Document (“L.D.”) 1327 amended the law to impose a duty of good faith upon mortgage loan servicers in dealing with homeowners.  If a servicer controlling or managing a foreclosure fails to act […]

Legislative Updates The Illinois legislature has amended its laws related to short sales and foreclosures, effective August 16, 2019.  The New York legislature has amended its laws regarding vacant or abandoned property, effective August 14, 2019. ILLINOIS SENATE BILL 138 The amended law provides that if an offer to purchase either a mortgage or residential […]

Legislative Updates The Minnesota legislature has amended its licensing laws with respect to manufactured home dealers and salespersons, effective August 1, 2019.  The New Hampshire legislature has amended its notary laws effective August 4, 2019. MINNESOTA HOUSE FILE 990 A manufactured home dealer or salesperson is now exempt from residential mortgage originator licensing requirements if […]

CFPB Updates TRID FAQ’s Regarding Loan Estimates The Consumer Financial Protection Bureau (“CFPB”) recently updated its TILA/RESPA Integrated Disclosure (“TRID”) FAQ’s on July 31, 2019 to address questions regarding when a Loan Estimate must be provided to consumers. Generally, a creditor is responsible for ensuring that a Loan Estimate is delivered to a consumer or […]

Legislative Updates Rhode Island has enacted the Uniform Fiduciary Access to Digital Assets Act which has been enacted in various states on which we have previously reported, effective July 15, 2019.  The South Carolina legislature recently amended its laws to provide a set recording fee for certain types of documents, effective August 1, 2019. RHODE […]

Legislative Updates The State of Maine recently enacted the Maine Revised Uniform Fiduciary Access to Digital Assets Act, effective June 20, 2019.  The Washington legislature recently amended laws related to electronic signatures, effective July 28, 2019. MAINE LEGISLATIVE DOCUMENT 1535 The Uniform Fiduciary Access to Digital Assets Act has been enacted in various states on […]

NEVADA RULES CHAPTER 645B AND 645F The Nevada Commissioner of Mortgage Lending (“Commissioner”) recently amended rules to add provisions regarding mortgage brokers and mortgage agents (Chapter 645B) and loan modification consultants and mortgage servicers (Chapter 645F).  The rules were effective June 26, 2019. The amended rules allow the Commissioner to issue a license by endorsement […]

NORTH DAKOTA HOUSE BILL 1110 The North Dakota legislature recently amended its notarial laws to permit remote online notarizations, effective August 1, 2019.  A notarial officer may now certify that a tangible copy of an electronic record is an accurate copy of the electronic record.  “Communication technology” means an electronic device or process that: “Foreign […]

Legislative Updates The Tennessee legislature recently enacted the Online Notary Public Act, effective July 1, 2019.  In addition, the Tennessee Department of State has adopted rules for the commissioning of online notary publics and the standards for performing online notarizations.  TENNESSEE SENATE BILL 1758 A person may personally appear before the officer taking an acknowledgment […]

Legislative Updates The New Mexico legislature recently amended its laws to provide for the filing of duplicate documents.  The Rhode Island legislature has enacted the Uniform Real Property Electronic Recording Act (“Act”).  All the legislation discussed here is effective July 1, 2019. NEW MEXICO HOUSE BILL 293 Where an original instrument of writing is unavailable […]