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Posted By Robert Treuber,
Tuesday, July 11, 2023
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Today's Newsblog has a link to the Title Nerds podcast, an update to "Pedowitz" and the answer to the question: What Happened to Constructive Notice?
Title
Nerds
Lance Pomerantz was the special guest on
the just-released Season
2, Episode 4 of "Title Nerds," the title insurance and
real estate litigation podcast produced by the Title
Insurance Group at Riker Danzig, LLP. Thanks to
co-hosts Mike O'Donnell and Bethany Abele, and the rest of
the Riker Danzig team, for their engaging and informative
programming. (The link to the latest episode will also give
you all the ways to subscribe to the podcast, as well as
listen to earlier episodes.)
The Burning Question
Over the past couple of years, many Constructive Notice subscribers have asked some variant of "what's happening with the Newsletter," "have I been removed from
the mailing list," etc. Here's the short answer: for most of 2019, Lance's non-working time was taken up with researching, writing and revising his contributions to the fourth edition of Real
Estate Titles - The Practice of Real Estate Law in New
York, which updated and expanded on the
landmark publication Real Estate Titles, formerly
edited by the late James M. Pedowitz.
Since Constructive
Notice had already experienced some unplanned
downtime, we took the onset of the lockdown as an
opportunity to revamp the Newsletter. What was unexpected
was the increase in work that came in during the ensuing
years. This pandemic surge (too soon?) turned the revamping
to just vamping, and, except for the issue you're now
reading, Constructive Notice - The Land Title Law
Newsletter©
, has been on a publishing hiatus. When publication resumes, you will be the first to know—along with all our subscribers.
In the meantime, don't
forget that archived versions of most “Constructive Notice”
newsletters can be found in the Constructive
Notice Archive. The interest and concern expressed by
those who reached out has been heartening. Its nice to know
that even though the Newsletter has been "gone," it hasn't
been forgotten.
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Posted By Municipal Liaison Committee,
Monday, July 10, 2023
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In recent weeks, the Municipal Liaison Committee met with officials from the NYC Fire Department to discuss the Department's move away from the Non-Cure Enforcement Program. The following is the Committee's report, conclusion and recommendation. Please use the comment field for questions.
- Fire Dept has discontinued the old system (non-cure) and we no longer have access
- All on call are using Non-Cure Enforcement Program
- This is more accurate than the current Online System
- It may include prior cured violations – these will need to be verified with Fire Department as cured if questioned
- We were told 50,000+ violations are to be removed from this system
- We can no longer access the old system to cross-reference the possible dismissed violations
- Conclusion: We are all in agreement to use the Non-Cure Enforcement Program
Knowing we may be questioned on reporting older violations that we previously did not because they are no longer open but appearing in this system.
Tags:
MLC
Municipal Liaison Committee
NYC
NYC Fire
violations
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Posted By Gabrielle Blair - ALTA Education Coordinator,
Thursday, July 6, 2023
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Stand Out From the Competition Invest in Your Career with ALTA Are you the smartest person in your office? Prove it with the American Land Title Association’s (ALTA’s) National Title Professional (NTP) designation. A measure of personal achievement, ALTA’s professional acknowledgement affirms these experts are powerhouses of knowledge, experience and dedication essential to the title industry. The NTP designation provides evidence of your industry proficiency as well as your commitment to professional development. It represents your achievement of excellence and enhances your status in the industry and among your colleagues! Other tangible benefits include: - Individual recognition in ALTA publications and website
- Discounts on ALTA meetings
- Special benefits and recognition at ALTA meetings and select State Land Title Association events
- Right to use the NTP designation and logo in your business publications, website and correspondence, including marketing efforts, resume and networking activities
To apply for the NTP designation, you must meet several individual, licensing and training prerequisites. You must be an ALTA member and, if your State Land Title Association offers a similar designation, you also must earn your local credential before applying. Once all prerequisites are met, you must earn a minimum of 100 NTP points to qualify for consideration. Points can be earned in many areas, including industry experience, education and training as well as involvement with ALTA, your State Land Title Association and other professional organizations. All applications are reviewed by the NTP Council, a group of up to nine designees appointed by ALTA’s Board of Governors. Stand out from the crowd and start earning your NTP designation this year! For more information on the program, email ntp@alta.org or visit www.alta.org/ntp.
Tags:
ALTA
NTP
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Posted By Robert Treuber,
Monday, July 3, 2023
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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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Posted By Richard Giliotti, Agent Section Chair,
Friday, June 23, 2023
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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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Posted By Bill Collins, DEI Committee,
Friday, June 16, 2023
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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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Posted By Robert Treuber,
Monday, June 5, 2023
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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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Posted By Robert Treuber,
Thursday, May 11, 2023
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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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Posted By Robert Treuber,
Monday, April 24, 2023
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- Current list of Deputies/Supervisors contact info (name/email/phone/Borough Office)
Tags:
contacts
NYC City Register
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Posted By Robert Treuber,
Thursday, April 20, 2023
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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...
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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.
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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.
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Tags:
ALTA
Our Values
Wall of Honor
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