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Legislation enacted

Posted By Robert Treuber, Monday, July 3, 2023

The following bills were signed by the Governor and chaptered. The link goes to the bill text.

S7561 - HOYLMAN-SIGAL -- Relates to procedures for appointment and reappointment of notaries public

 

S6822 -STEWART-COUSINS -- Extends the expiration of the mortgage recording tax imposed by the city of Yonkers

 

S7189 - BRESLIN -- Extends provisions of the property/casualty insurance availability act and the authority of the New York property insurance underwriting association

Tags:  Chaptered bills 

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RON Restrictions

Posted By Richard Giliotti, Agent Section Chair, Friday, June 23, 2023

Reminder – A power of attorney is not permitted to be notarized via remote notarization.

Recently, we have been presented with several power of attorneys notarized via RON (remote notarization). Please be sure to review very carefully any powers submitted at or prior to closing.  

The statutory authority for the exclusion of Powers is noted below.

State Technology Law “STL” § 304 Permitted the use of an electronic signatures and stated electronic signatures shall have the same validity and effect as the use of a signature affixed by hand.

However, State Technology Law § 307 states that certain documents are excluded from the permissive use of electronic signatures; among the documents excluded are: Wills, trusts, orders not to resuscitate, powers of attorney and health care proxies.

https://codes.findlaw.com/ny/state-technology-law/stt-sect-307.html

 

Tags:  POA  Power of Attorney  RON 

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A Brief History of the Juneteenth holiday

Posted By Bill Collins, DEI Committee, Friday, June 16, 2023

Lincoln issued the preliminary Emancipation Proclamation in the midst of the Civil War on September 22, 1862, declaring that if the rebels did not end the fighting and rejoin the Union, all slaves in the Confederacy would be freed on the first day of the following year.  On January 1, 1863, Lincoln issued the final Emancipation Proclamation, declaring that all slaves in the Confederate States of America in rebellion and not in Union hands were freed.

More isolated geographically, planters and other slaveholders had migrated into Texas from eastern states to escape the fighting, and many brought slaves with them, increasing by the thousands the enslaved population in the state at the end of the Civil War. Although most lived in rural areas, more than 1,000 resided in both Galveston and Houston by 1860, with several hundred in other large towns. By 1865, there were an estimated 250,000 slaves in Texas.

Enforcement of the Proclamation generally relied upon the advance of Union troops. Texas, as the most remote state of the former Confederacy, had seen an expansion of slavery because the presence of Union troops was low as the Civil War ended.  Despite the surrender of Confederate General-in-Chief Robert E. Lee at Appomattox Court House on April 9, 1865, the western Confederate Army of the Trans-Mississippi did not surrender until June 2.  On the morning of June 19, 1865, Union Major General Gordon Granger arrived on the island of Galveston] to take command of the more than 2,000 federal troops recently landed in the department of Texas to enforce the emancipation of its slaves and oversee Reconstruction, nullifying all laws passed within Texas during the war by Confederate lawmakers. The order informed all Texans that, in accordance with a Proclamation from the Executive of the United States, all slaves were free:

“The people of Texas are informed that, in accordance with a proclamation from the Executive of the United States, all slaves are free. This involves an absolute equality of personal rights and rights of property between former masters and slaves, and the connection heretofore existing between them becomes that between employer and hired labor. The freedmen are advised to remain quietly at their present homes and work for wages. They are informed that they will not be allowed to collect at military posts and that they will not be supported in idleness either there or elsewhere.”

Longstanding urban legend places the historic reading of General Order No. 3 at Ashton Villa; however, no historical evidence supports such claims. Although widely believed, it is unlikely that Granger or his troops proclaimed the Ordinance by reading it aloud: it is more likely that copies of the Ordinance were posted in public places, including the Negro Church on Broadway, since renamed Reedy Chapel A.M.E. Church.  Although this event has come to be celebrated as the end of slavery, emancipation for the remaining enslaved in two Union Border States (Delaware and Kentucky), would not come until several months later, on December 18, 1865, when the Thirteenth Amendment was ratified. 

Former slaves in Galveston rejoiced after General Order No. 3. One year later, on June 19, 1866, freedmen in Texas organized the first of what became annual commemorations of "Jubilee Day". Early celebrations were used as political rallies to give voting instructions to newly freed African Americans. Other independence observances occurred on January 1 or 4.

In some cities, Black people were barred from using public parks because of state-sponsored segregation of facilities. Across parts of Texas, freed people pooled their funds to purchase land to hold their celebrations. In 1872, Black leaders in Texas raised $1,000 for the purchase of 10 acres of land, today known as Houston's Emancipation Park, to celebrate Juneteenth.  The observation was soon drawing thousands of attendees across Texas. The Black community began using the word Juneteenth for Jubilee Day early in the 1890s. The Current Issue, a Texas periodical, used the word as early as 1909, and that year a book on San Antonio remarked, with condescension, on "June 'teenth'".

In the late 1970s, when the Texas Legislature declared Juneteenth a "holiday of significance ... particularly to the blacks of Texas”, it became the first state to establish Juneteenth as a state holiday. The bill passed through the Texas Legislature in 1979 and was officially made a state holiday on January 1, 1980. Before 2000, three more states officially observed the day, and over the next two decades it was recognized as an official observance in all states, except South Dakota, until becoming a federal holiday on June 17, 2021. In New York, it was first officially observed in 2004, but did not become a paid state holiday until 2020.

Tags:  DEI  Juneteenth 

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DFS Issues Alert to CISOs re File Transfer Vulnerability

Posted By Robert Treuber, Monday, June 5, 2023

The DFS has issued the following alert for a potential reportable event.

Subject: MOVEit Transfer Vulnerability

On June 1, 2023, the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (“CISA”) and others announced that Progress Software (“Progress”) released a security advisory for a vulnerability in MOVEit Transfer—a managed file transfer software.  

According to Progress’s website, a SQL injection vulnerability has been found in the MOVEit Transfer web application that could allow an un-authenticated attacker to gain unauthorized access to MOVEit Transfer's database. This vulnerability could lead to escalated privileges and potential unauthorized access to the environment. If you are a MOVEit Transfer customer, Progress recommends you take immediate action, including the mitigation measures listed on their website and patching affected versions.

Threat actors are actively exploiting this vulnerability. Successful exploitation of the vulnerability can be used to deploy ransomware, steal data, and disrupt operations.

All regulated entities should promptly assess risk to their organization, customers, consumers, and third party service providers based upon the evolving information and take action to mitigate risk. As you assess your risk, we recommend reviewing the CISA Alert and the MOVEit Security Advisory.

Regulated entities are reminded to report cybersecurity events that meet the criteria of 23 NYCRR Section 500.17(a) as promptly as possible and within 72 hours at the latest via the secure DFS Portal, which can be accessed from DFS's Cybersecurity Resource Center.

DFS considers evidence of unauthorized access to information systems, such as webshell installation, even if there has been no malware deployed or data exfiltrated, a reportable Cybersecurity Event pursuant to 23 NYCRR Section 500.17(a)(2).

 

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Yes - the Member website looks different

Posted By Robert Treuber, Thursday, May 11, 2023

We have re-skinned the member website.

Please be patient as we iron out a few wrinkles.

If... you are having difficulty using the site or if you have suggestions for improvements, please send us a note at INFO@NYSLTA.ORG or call us at 212-964-3701.

You can also let us know if you like what you see.

 

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NY City Register Deputy Contact List

Posted By Robert Treuber, Monday, April 24, 2023

 

  • Current list of Deputies/Supervisors contact info (name/email/phone/Borough Office)

 

Title

Name

Email

Phone

Borough

1st Deputy

Colette McCain-Jacques

mmcainjacquesc@finance.nyc.gov

212-291-4714

All

Deputy

Sharon Kelly French

KellyS@finance.nyc.gov

212-291-2676

Manhattan

Deputy

Betsy Hernandez

HernandezB@finance.nyc.gov

212-291-4983

Bronx, Brooklyn, Queens

Asst Deputy

Nilsa Santiago

SantiagoN@finance.nyc.gov

212-291-2727

Manhattan

Asst Deputy

Edith Ladson-Tolbert

LadsonE@finance.nyc.gov

718-620-2869

Bronx

Asst Deputy

Rajkumarie Prasad

PrasadR@finance.nyc.gov

718-488-2770

Brooklyn

Asst Deputy

Vanessa Goodwin

GoodwinV@finance.nyc.gov

718-558-2319

Queens

Supervisor

Mansoor Ali

AliM@finance.nyc.gov

718-558-2473

Queens

Supervisor

Tanesha Hill

HillT@finance.nyc.gov

212-291-2663

Manhattan


Tags:  contacts  NYC City Register 

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Showing "The Love"

Posted By Robert Treuber, Thursday, April 20, 2023

Title insurance is a people business.  That manifests in many ways but one thing we like to do is recognize our colleagues for exceptional accomplishments.

 

A few weeks ago, the NYSLTA Executive Committee established a Wall of Honored Members, to be inaugurated at the Convention in August. The Honorees include:

Nunzio D’Addona
Tom DeCaro
Harry Hawley
Pat Hutton
Mary Jane Keyse
Bob Martyn
Sal Spano
Barry Wasserman
Ted Werner
Marvin Yoches
Ira Zankel
Joe & Lynn Deutsch
Denise Neiditch & Diane Priola
Gerry O’Hara & Sandy Bleich

 

The good folks at ALTA are inviting nominations for their OUR VALUES AWARD.  Please read on...

 

If you’ve ever wanted to publicly recognize the extraordinary ALTA members in your life with more than a Starbucks gift card, this is your chance! Don’t let the people who go the extra mile stay under the radar: Nominate someone for the ALTA Our Values Awards today.

 

Our Values describe who we are as an industry and encapsulate our promise to our customers. Celebrate your friends and colleagues who showcase what it means to Lead, Deliver and Protect in the best possible ways! Up to four awards are up for grabs: three for individuals and one for an entire ALTA member office or operational team.

 

To enter, visit the online survey below and share a short, specific story of how your nominee “lived” one of Our Values – Lead, Deliver or Protect – while working with a customer. The customer event must have occurred since October 1, 2021.

 

Winners will be recognized during ALTA ONE, Oct. 10-13 in Colorado Springs, Colo., and receive free ALTA ONE registrations, awards to display, digital badges for a company website and the industry street cred that they deserve.

 

The deadline to submit nominations is June 2.

We Lead
We are the authority in real estate transactions. We innovate for the benefit of our customers.

 

We Deliver
Our customers trust us to do the right thing, the rightway—before, during and after the transaction. We sweat the small stuff to assure that land transfer is accurate, swift and secure.

 

We Protect
We protect the property rights of those we serve. We reduce risk so our customers have peace of mind.

 



Tags:  ALTA  Our Values  Wall of Honor 

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Signature Bank Mortgage Assignments

Posted By Robert Treuber, Monday, April 17, 2023

Government Regulations Committee Chair Matt Cahill issued a memo this morning.

 

 

 
 

Good morning.  As discussed at last Tuesday’s NYSLTA EC meeting, the confusion over mortgage assignments coming out of Signature Bank and Signature Bridge Bank should be coming to an end. 

 

Tom Glatthaar, Frank Carroll and myself had a meeting with the FDIC and it’s outside counsel.  The FDIC has created a template for mortgage assignments, allonges and lost note affidavits.  The attached template has been slightly revised from the template circulated last week.

 

For the assignments, there will be one instrument which effectuates an assignment from both the FDIC as receiver for Signature Bank as well as the FDIC as receiver for Signature Bridge Bank, N.A.  It is likely the instruments will be executed by one of three individuals who are each acting pursuant to a limited POA.

 

The FDIC has recorded the original POA’s in Dallas, so it will not be providing an original at closing.  We will have to order certified copies and submit them for recording with the assignments.  Attached are copies of the recorded POA’s in Dallas. 

 

As a certified copy of each POA is recorded in a particular county, we should keep track of the recording information so that future assignments in that county can reference the recoding information for the POA.  The POA’s do expire in 2024, so we will need new POA’s at that time.

 

The form of acknowledgement being used is a modified version of the NY acknowledgement.  As discussed, the FDIC has its reasons for the revisions.  If the clerks notice the revisions, we may need to explain that this is the only form the FDIC is willing to have its employees sign.  I assume the clerks will give the FDIC a wide berth.  

 

I am advised that the various law firms preparing assignment documents have be advised of this process and that closings involving assignments out of Signature will begin resuming.

 

 Attached Files:

Tags:  FDIC  mortgage assignment  Signature Bank 

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IQS Issues Effect NY Counties

Posted By Robert Treuber, Friday, March 10, 2023

Land Title Association Member Company DataTrace reports issues with land records company IQS

 


" (There are) sporadic outages with Info Quick Solutions (IQS) system for the below counties in New York state. ...  

 

In addition, this issue is affecting both the online system and computers at the specific counties ...

 

The counties affected are as follows:

Albany

Allegany

Broome

Cayuga

Chautauqua

Columbia

Cortland

Delaware

Essex

Franklin

Fulton

Genesee

Greene

Hamilton

Herkimer

Jefferson

Lewis

Madison

Montgomery

Niagara

Oneida

Orange

Oswego

Otsego

Putnam

Rensselaer

Saratoga

Schohaire

Steuben

St Lawrence

Sullivan

Ulster

Warren

Washington

Yates

 

 

Tags:  County Clerk  IQS  Land Records  service outage 

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FedEx Box Breach & Check-washing

Posted By Robert Treuber, Thursday, March 9, 2023

Member companies are reporting increased instances of FedEx Dropbox break-ins and the theft of pay-off checks.

 

We have warned several times to deliver checks in-person to the institution or to the physical location of a FedEX or UPS Office.

 

Here is a clip from a recent Politico article quoting a letter to the American Bankers Association from Senate Banking Chair Sherrod Brown and Sen Warren:

 

“Check washing has become an elaborate and organized method of successfully scamming consumers and banks,” they wrote in a letter to ABA President and CEO Rob Nichols on Wednesday. Fellow Banking Committee member Sen. Catherine Cortez Masto (D-Nev.) also signed the letter.

 

Banks in 2022 saw an 84 percent increase in check fraud, according to the Treasury Department’s Financial Crimes Enforcement Network.

 

This is a national problem.

 

All it takes to remove document envelopes from a drop box is a D-Con glue trap and a shoelace.

 

 

 

 

 

Tags:  check-washing  fraud  pay offs 

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Contact Us

120 Broadway, Suite 945
New York, NY 10271

212. 964. 3701

info@nyslta.org

Our Mission

The New York State Land Title Association, Inc. advances the common interests of all those engaged in the business of abstracting, examining, insuring titles, and otherwise facilitating real estate transactions. The Association promotes the business and general welfare of its Members and protects real property title holders’ ownership rights.