New England Land Title Association, Inc. -...

NELTA NEWS New England Land Title Association, Inc.

The Title Industry’s Premier Resource for Education, Information and Networking

Fall 2017

Volume 50, Number 2

In This Issue:

NELTA Convention Highlights

Lots of Photos from Omni Mount Washington

Highways, Byways & (Shared) Driveways Seminar 10/18/17

ALTA Update

2017 Legislative Updates

2018 NELTA Convention Preview at Gurney’s Newport

In This Issue

Fall 2017 Volume 50, Number 2

2 President‟s Message - James K. Bodurtha

3 NELTA Seminar - October 18, 2017

“Highways, Byways and (Shared) Driveways”

4 NELTA Convention Highlights

6 NELTA Convention Photos

8 Welcome New Members!

11 2017 - 2018 NELTA Board of Directors

13 ALTA Update

14 2017 Legislative Updates

20 Application for NELTA Membership

NELTA 2018 Convention Preview

Our Advertisers Are Important To Us

Our Sincere Thanks To:

SoftPro

Redniss & Mead and Ryan and Faulds

RynohLive

FasTrax

TrustLink

Special thanks to Jeff Keller

for sharing his photographs

of the 2017 NELTA Convention

Go to nelta.org for all the photos

from the 2017 convention

NELTA BOARD OF DIRECTORS

President

James K. Bodurtha

Chicago Title Insurance Co.

Springfield, MA

First Vice President

Elizabeth (Beth) Young

Westcor Land Title Insurance Co.

Norton, MA

Second Vice President

Michael J. Supple

WFG National Title Insurance Co.

Springfield, MA

Treasurer

Richard A. Hogan

CATIC

Rocky Hill, CT

Secretary

Barbara C. Smith

Fidelity National Title Insurance Co.

East Hartford, CT

Director (Regular)

Laura Wild

First American Title Insurance Co.

Warwick, RI

Director (Regular)

Diane Monahan

Stewart Title Guaranty Co.

Bedford, NH

Director (Regular)

William R. Walsh

Commonwealth Land Title Ins. Co.

Portland, ME

Director (Associate)

Richard J. Meehan

Meehan and Goodin

Manchester, CT


Steven B. Edelstein

Cross Country Mortgage

Wakefield, MA


Shelly B. Rainen

Rainen Law Office, P.C.

North Andover, MA


Lawrence P. Heffernan

Robinson & Cole LLP

Boston, MA

Immediate Past President

Anthony DeSantis

Old Republic National Title Insurance Co.

Andover, MA

NELTA NEWS is published semi-annually for the members of New Eng-land Land Title Association, Inc. For information write or call: Cathy L.

Jones, Executive Director, P.O. Box 743, Norwalk, CT 06852-0743,

(203) 847-6885. Email: [email protected] Website: www.nelta.org

Anyone is invited to contribute articles and photographs concerning title

issues. The Association reserves the right to edit all material submitted. All opinions expressed herein represent the views of the authors and are

not necessarily those of the Association. NELTA NEWS and NELTA,

Inc. disclaim any responsibility for views expressed or statements made in any articles.

NELTA NEWS Fall 2017

President’s Message James K. Bodurtha

I like boats. Sail boats, power boats, big boats, small boats – put

me on the water, with the wind in my hair and the sun on my face,

and I am contented. And one of my favorite quotations about sail-

ing is from the author William Arthur Ward, who wrote: “The pes-

simist complains about the wind; the optimist expects it to change;

the realist adjusts the sails.”

This advice crossed my mind as I plan for that most anticipated of

American summer events – the family vacation! A blissful week

of no e-mail, no texts, and no meetings. Plus, with a recently purchased larger vehicle this

year, I was confident that the annual challenge of fitting half the contents of my house into the

car and transporting numerous bicycles (to be used once, maybe) would be a thing of the past.

Wrong. Neither the cargo carrier that I historically affix to the roof nor the existing bike rack

work with the new car. Nevertheless, after a little pessimistic complaining, I “adjusted the

sails”; a trailer hitch has been put on the vehicle, and a new bike rack ordered. Sun and fun,

here I come!

As I sat down to write this message, I thought of Mr. Ward‟s quote again. The title industry

has certainly had reason to be pessimistic over the last few years. With TRID implementation

and compliance (and its recent amendment), CFPB enforcement actions, and the increase in

cyber-attacks on information security and closing funds, few would have blamed the industry if

it became overwhelmed and merely sat back and complained, or just hoped that these issues

would change for the better. But instead, the title industry, NELTA and ALTA “adjusted the

sails” and moved forward. During that time, NELTA has provided much-needed and informa-

tive training and educational seminars (including those presented at its annual meeting this past

June, which you can read and see highlights of herein), and has advocated strongly on behalf of

its members. Through these efforts, many things which seemed insurmountable obstacles were

reduced to additional but manageable components of the title world.

I believe it is safe to say that none of the above challenges are disappearing anytime soon, and

we can anticipate new issues developing in the future; electronic and remote notarizations, for

example, is starting to emerge as a multi-faceted concern in each state. You can rest assured,

however, that NELTA will continue to provide the tools necessary to enable you to adjust to

changing winds, including premier educational seminars and networking opportunities. I hope

to be at many of the seminars myself, so please stop by and introduce yourself or say hello

again. Be reminded also, that your NELTA membership also entitles you to a 25% discount on

ALTA educational and training products; check out the link on our website at nelta.org.

It is an exciting time for the title industry. The real estate market has been busy, interest rates,

although expected to rise, are and will remain relatively low, and everything indicates that the

much-awaited entry of millennials into the market is ramping up. This will undoubtedly mean

more e-mails, texts, and meetings for all of us – but for now I am going on vacation!

NELTA NEWS Fall 2017 2


New England Land Title Association (NELTA)

Presents

Back to Basics: Highways, Byways and (Shared) Driveways What you need to know when dealing with easements or licenses pertaining to

access to public highways, private roads and paths and shared driveways

Program Specifics: This seminar will address the basics of the common law regarding these access issues as

well as when to contact your underwriter and the role of a surveyor. It will also address road maintenance

agreements (or lack thereof) and the role of affirmative title insurance coverage.

Who Should Attend: Title Abstractors and Examiners, Paralegals, Title Agents and Attorneys who issue

Title Insurance Policies and Opinions of Title, Counsel for Municipalities and Surveyors

Date: Wednesday, October 18, 2017 Time: 9:00am – 12:00noon Registration: 8:30-9:00am

Place: Worcester South County Registry of Deeds, 90 Front Street, Worcester MA 01608, Commonwealth

Room on the Upper Level. Park in the Yellow Garage on Commercial Street or Take the Red Line.

Speakers: Edward Rainen, Esquire, Rainen Law Office, North Andover, MA, Ward Graham, V.P. &

Underwriting Counsel, Old Republic National Title Insurance Co., Andover, MA, Richard Meehan, RLS,

Meehan and Goodin Engineers-Surveyors, P.C., Manchester, CT, Barbara Smith, V.P. & Branch Counsel,

Fidelity National Title Insurance Co., East Hartford, CT

**********************************************************************

Registration Form – “Highways, Byways and (Shared) Driveways”

Mail form by October 11, 2017 along with check for $50.00 per person for NELTA members. Non-member

fee is $65.00 per person. Please make check payable to NELTA, send to: P.O. Box 743, Norwalk, CT 06852-

0743. Email address: [email protected]. Entry confirmation and handout materials will be sent via e-mail.

To pay with a credit card, please go to the NELTA web site at www.nelta.org and click on the Education tab.

ATTEND FOR FREE: Enroll as a new NELTA member, and attend this program for FREE!

Send check (or pay dues on line) in the amount of $95.00 and the Seminar Registration is free.

Name: _______________________________________________________________________

Company: ____________________________________________________________________

Address: _____________________________________________________________________

City/State/Zip: ________________________________________________________________

Phone #: ____________________________ E-Mail: ______________________________

CE/CLE Credit reporting - Attorney ID# ______________________ State: _____________

Please Note: Space for this program is limited so be sure to register early to be guaranteed entry.

mailto:[email protected]

http://www.nelta.org


2017 NELTA CONVENTION HIGHLIGHTS

By: Michael J. Supple

The 48th Annual Convention of the New England Land Title Association was held this year at

the Omni Mount Washington Resort in Bretton Woods, New Hampshire on Thursday June 15th

thru Sunday the 18th. With a beautiful view of the Mt. Washington Range, the One Hundred

and Fifteen-year old Omni Mount Washington Resort is as impressive as it is elegant.

The Board of Directors' Meeting was held on Thursday afternoon. Highlights of the discussion

included a review of our very successful and profitable seminar programs. The three seminars

covering Land Court Guidelines and Cyber Security Awareness were very well received and

attended. The board approved and welcomed eighteen new NELTA members who signed up in

2016/2017. Board members discussed proposals for next year‟s seminars which will include a

staple – easements and right of access along with a cutting edge topic – namely property issues

surrounding the sale of medical and recreational marijuana in those states that now allow it.

The Convention kicked off in fine style with a Cocktail Reception that was held on a gorgeous

June evening in the Omni‟s Conservatory. It provided a grand view of the resort grounds

backstopped by Mt. Washington‟s impressive peak. After a wonderful dinner in the Sun Din-

ing room, many attendees (including this scribe) enjoyed catching up with their industry friends

and colleagues who were in attendance in the resort‟s many gathering spots.

The Friday morning session started with Convention Chairperson and First Vice President Beth

Young‟s welcoming remarks followed by NELTA President Anthony DeSantis‟ greeting and

brief recap of the year that was.

Daniel M. Wold, ALTA Board of Governors, Chair of The ALTA TRID Task Force and Senior

VP and General Counsel with Old Republic National Title Insurance Company, delivered The

Keynote Address that focused on ALTA‟s many industry initiatives and programs designed to

help the industry market to the consumers of our products and help them better understand the

value of the title professional in this post-TRID world. He also managed to work two uniquely

Minnesotans, Olag and Leena into the discussion for some well received comic relief!

Ted C. Jones, PhD, Chief Economist of Stewart Title, gave his always entertaining fearless fi-

nancial forecast for our industry and a peek into the mind of our number one consumer target

market, namely millennials, with his trademark PowerPoint visuals.

Both before and after the sessions, attendees took advantage of the free time to engage with our

exhibitors that included, representatives from Softpro, FasTrax, The New England Real Estate

Journal and The Massachusetts Independent Title Examiners Association (M.I.T.E.A)

Following the morning sessions the convention attendees were free to enjoy The Omni‟s many

amenities. Unfortunately, the weather on Friday did not cooperate putting a damper on many

of the outdoor activities. The rain however did not put a damper on Friday night‟s delicious

Lobster Bake held in the Presidential Garden and Atrium.


Saturday‟s program was called to order by Immediate Past President Anthony DeSantis and he

and Past President Mark Comstock presided over the nomination and acceptance of the pro-

posed slate of officers for the upcoming year.

Anthony DeSantis and Education Committee Chairperson and First American Vice President

Ruth Dillingham then gave the assembled group an alternately informative and terrifying look

into the world of the cyber fraud and the threats that face our industry, followed by some strate-

gies we can employ to protect our clients, business partners and firms from them.

Patricia Flowers, VP of Investment Property Exchange Services, Inc. concluded the Saturday

education program with a discussion of the value of 1031 exchanges in today‟s real estate mar-

ket.

The morning session finished up with the Exhibitors‟ Prize Drawing.

Following the morning session, attendees were left to enjoy a beautiful New Hampshire Satur-

day afternoon which made up for the less than desirable weather on Friday and enabled many to

enjoy the resort pool and its Donald Ross designed Resort Golf Course.

The Underwriter's Cocktail Reception on the Veranda was followed by the President's Banquet.

Outgoing President, Anthony DeSantis turned the gavel over to incoming President Jim Bodur-

tha of Chicago Title who entertained the group with a very amusing „fishing‟ story, thanking

those who made last year such a success and concluded by outlining his goals for the upcoming

year . The 2017-2018 Board Members were then sworn in to conclude the business portion of

the evening.

Rich Meehan, Golf Chairperson, presented the golf awards to the two particularly insane golf-

ers (the only two BTW) who braved Friday‟s monsoonal weather and then Larry Heffernan,

Director of the Real Estate Attorney Section, taking over for an absent Phil Fanning gave a star

turn in announcing the always well received raffle prizes. And on that high note, the 48th An-

nual ALTA Convention drew to a close.

NELTA looks forward to seeing you next year at the 49th Annual Convention June 21st – June

24th 2018 at the Gurney‟s Newport Resort and Marina, Newport, RI.

NELTA President, Jim Bodurtha presents plaque

to Immediate Past President Anthony DeSantis

Dan Wold from ALTA swearing in the new NELTA

Board of Directors for 2017-2018


NELTA Education Chair, Ruth Dillingham,

Incoming President, Jim Bodurtha and

Softpro Exhibitor Matt McCauley

Bill Alvarez with Speaker

Ted Jones Peter Apter and Dawn Pereyo

Bridget Dorsee and Bill Walsh with Ed Forristall Executive Director Cathy Jones with ALTA Speaker Dan

Wold, NELTA President Antony DeSantis and Mike Gagnon

NELTA Past President Phil Fanning visiting

with FasTrax Exhibitor, Sheila McGuire An always dapper, Larry Heffernan with Exhibitor

Jeff Keller from New England Real Estate Journal

and Board Members Beth Young and Rich Hogan


Helen and Joe Attura at the

Underwriter‟s Cocktail Reception

Exhibitor Nell Doonan from Mass Independent Title Examiners Assoc.,

with Ed and board member, Shelly Rainen and John Doonan

Exhibitor Nell Doonan from Mass Independent

Title Examiners Assoc. with Peter Apter Golf Chair, Richard Meehan with Bill Walsh

and Michael Supple who braved the elements

Friday and played the tournament

Speaker Patricia Flowers from Investment

Property Exchange Services

Exhibitor Jeff Keller, New England Real Estate

Journal & board member Barbara Smith


Welcome New Members!

NELTA proudly welcomes its newest members and sincerely

thanks those members responsible for their recruitment

John J. Barron, Esquire

Cahn & Barron, LLC

53 East Central Street

Worcester, MA 01605

Douglas J. Brunner, Esquire

One Financial Plaza

1350 Main Street, Suite 216

Springfield, MA 01103

Patrick J. Daly

Adams & Blinn

43 Thorndike Street

Cambridge, MA 02141

Susan Fyfe, Paralegal

Cleveland, Waters & Bass PA

P.O. Box 1137

Concord, NH 03302

Jack Gould Esquire

Gould & Gould LLP

62 Walnut Street

Wellesley, MA 02481

Konstantinos Ligris, CEO

Ligris & Associates

1188 Centre Street

Newton, MA 02459

Carlos Melon, Attorney

Scheier Katin & Epstein, P.C.

103 Great Road

Acton, MA 01720

Craig J. Watkinson, Esquire

Main Street National Title

200 Metro Center Blvd., Suite 7

Warwick, RI 02886

Ashleigh Briggs,

Workflow Analyst/Project Manager

Mainspring Services

95 North Main Street

Hampton, ME 04444

Elizabeth Camara

New England Title & Escrow Services, PC

99 South Main Street

Fall River, MA 02721

Denald Ellen Doonan

The Title Research Group, LLC

39 Dodge Street, Suite 297

Beverly, MA 01915

Kerry A. Gorham, Paralegal

Fletcher Tilton, P.C.

370 Main Street, 11th Floor

Worcester, MA 01608

Lori J. Gregoire

P.O. Box 710, 170 NB Road

East Brookfield, MA 01515

George F. Matta

EZ-Closing, LLC

30 Church Street, Suite 210B

Belmont, MA 02478

Kevin F. Murphy, Esquire

Kevin F. Murphy, Attorney at Law

24 William J. Heights

Framingham, MA 01702


Special Thank You To

For sponsoring the Friday

Morning Coffee Break

And

For sponsoring the Saturday

Morning Coffee Break

2017 Annual NELTA Convention Special Recognition and Thanks

Sincere Thanks To Our

Convention Exhibitors

Your Support is Greatly

Appreciated

FasTrax

Mass Independent Title

Examiners Association

New England Real Estate Journal

SoftPro

2017-2018 NELTA Board of Directors

President

James K. Bodurtha

Chicago Title Insurance Company

1391 Main Street, Suite 710


Email: [email protected]

Second Vice President

Michael J. Supple

WFG National Title Insurance Co.

P.O. Box 3064



Secretary

Barbara C. Smith

Fidelity National Title Insurance Co.

111 Founders Plaza, Suite 1403

East Hartford, CT 06108


First Vice President

Elizabeth (Beth) J. Young

Westcor Land Title Insurance Co.

246 East Main Street

Norton, MA 02766


Treasurer

Richard A. Hogan

CATIC

101 Corporate Place

Rocky Hill, CT 06067


Director (Regular)

Laura Wild

First American Title Insurance Co.

Metro East Office Park, 117 Metro Center Blvd.,

Suite 1005

Warwick, RI 02886



Front Row: Beth Young, Shelly Rainen, Barbara Smith, Michael Supple, William Walsh

Second Row: Richard Meehan, Larry Heffernan, Laura Wild, Anthony DeSantis

Third Row: Rich Hogan, Steven Edelstein, Jim Bodurtha


Director (Regular)

Diane Monahan

Stewart Title Guaranty Company

165A South River Road

Bedford, NH 03110


Director (Associate) Surveyor Section

Richard J. Meehan

Meehan and Goodin

387 North Main Street

Manchester, CT 06040


Director (Associate) Lender Section

Steven B. Edelstein

Cross Country Mortgage

2 Pleasure Island Road

Wakefield, MA 01880


Immediate Past President

Anthony DeSantis

Old Republic National Title Insurance Co.

35 New England Business Center, Suite 110

Andover, MA 01810


Director (Regular)

William R. Walsh

Commonwealth Land Title Insurance Co.

75 Market Street, Suite 503

Portland, ME 04101


Director (Associate) Real Estate Attorney Section

Lawrence P. Heffernan

Robinson & Cole LLP

One Boston Place

Boston, MA 02108


Director (Associate) Abstractor Section

Shelly B. Rainen

Rainen Law Office, P.C.

231 Sutton Street, Unit 2E

North Andover, MA 01845


Executive Director

Cathy L. Jones

New England Land Title Association

P.O. Box 743

Norwalk, CT 06852-0743





The Title Industry Political Action Committee (TIPAC)

Your Industry’s Voice

The Title Industry Political Action Committee (TIPAC) is the voluntary,

non-partisan Political Action Committee (PAC) of the America Land Title

Association. It is the only PAC that directly represents the interest of the title

industry in our nation's political system.

TIPAC is the most effective advocacy tool we have. TIPAC helps elect and re-elect

Members of Congress who support title industry issues. TIPAC is the only political action

committee of its kind, organized for the express purpose of representing the title industry on

Capitol Hill. 100% of your contribution to TIPAC helps elect and re-elect candidates who

support our industry and understand our issues.

Proceeds benefit TIPAC. Corporate contributions are not accepted. Contributions to

TIPAC are not tax deductible for federal income tax purposes. All contributions to TIPAC are

voluntary. You may refuse to contribute without reprisal. The guidelines mentioned are merely

suggestions. You are free to contribute more or less then the guidelines suggest and ALTAÂ®

will not favor or disadvantage you by reason of the amount of your contribution or your deci-

sion not to contribute.Federal law allows contributions up to the annual maximum of $5,000.

Contributions to TIPAC are not deductible as charitable contributions for income tax purposes.

If you have questions or would like more information, please contact [email protected].

IMPORTANT! Title Action Network

Needs Your Voice.

It‟s SO Easy to become a TAN Member and have your voice heard.

And It‟s FREE!

Once you become a TAN member, which takes only 90 seconds to join,

when important issues arise, ALTA will notify you via email

and with a couple of clicks, your message will

be sent directly to your member(s) of congress. It‟s that easy.

Please Become a New England Land Title Association

TAN Member TODAY!

NELTA...

Your ALTA Connection


NEW ENGLAND

LEGISLATIVE UPDATES


2017 Legislative Update Connecticut Colleen Lindroos, Legal Publications Manager

CATIC

Public Act 91 makes a number of revisions to the statutes governing powers of attorney, and

sets forth new templates that may be used for the short and long form power of attorney. New

powers that may be granted in these forms include the authority to access the principal‟s

various digital information and to act with respect to any intellectual property interest.

Public Act 99 makes a number of unrelated revisions to various statutes. Of interest are the

following: Section 46 concerns the filing of a false record against real or personal property,

when the person filing the document knows, or reasonably should know, that it is false and in-

tends to defraud, deceive, injure or harass another. Such a filing shall be a class D felony. Sec-

tion 50 of the act revises and clarifies § 47-36bb of the General Statutes, which was imple-

mented in the 2016 legislative session to address situations where a conveyance was made to a

trust, rather than to the trustee. The statute now makes it clear that for title purposes, the trus-

tees of the trust and “the trust,” which is not a legal entity capable of holding title to real prop-

erty, may be treated interchangeably. This will have the effect of greatly reducing transactional

glitches that would otherwise result from improper transfers of title to “the trust.” The revised

statute also requires that the town clerk index transfers by a trustee or by “the trust” in the

names of all persons whose names appear in an instrument as “trustee” and in the name of “the

trust.”

Public Act 176 legislatively closes open building permits that are more than nine years old on

one-family and two-family properties: “Nine years from the date of issuance of a building per-

mit issued pursuant to section 29-263 for construction or alteration of a one-family dwelling,

two-family dwelling or structure located on the same parcel as a one-family dwelling or two-

family dwelling, for which construction or alteration a certificate of occupancy, as defined in

the regulations adopted pursuant to section 29-252, has not been issued by the building offi-

cial, such building permit shall be deemed closed. Following such nine-year period, no en-

forcement action based upon work commenced or completed pursuant to an open building per-

mit shall be commenced…”

Public Act 224, in part, addresses the recent Connecticut Supreme Court case, The Neighbor-

hood Association, Inc. v. Limberger, 321 Conn. 29 (2016), in which the Court held that a com-

mon interest community‟s standard foreclosure policy was a “rule” within the meaning of CI-

OA rather than an internal business operating procedure, and thus its adoption was subject to

CIOA‟s procedural requirements for rules. This act revises the definition of rule, to remove a

reference to Conn. Gen. Stat. § 47-261b, which is the statute that the Court relied on in deter-

mining that the board needed to give unit owners notice of its intention to adopt a rule and the

opportunity to comment. The act further amends the definition of the term “rule” in § 47-202

by stating that it “regulates conduct occurring within the common interest community or the

use, maintenance, repair, replacement, modification or appearance of the common interest

community.”


Maine Legislative Update

128th Maine Legislature/First Regular Session

Robin Watts, Maine State Counsel

First American Title Insurance Company

707 Sable Oaks Road, Suite 370, South Portland, Maine 04106

207-774-6884/[email protected]

NOTE: The Effective Date for General Non-Emergency Legislation is November 1, 2017, unless

otherwise noted in the text of the law.

Chapter 16 (LD 72) – An Act to Clarify the Tax Law for Title to Real Estate by Releasing Inheritance Tax

Liens. This law releases the lien on real property for inheritance tax resulting from a death occurring before July 1,

1986, on which date the inheritance tax was replaced by the estate tax.

Chapter 181 (LD 871) – An Act to Require Disclosures Relating to the Sale of Residential Real Property Ac-

cessible by a Public Way and Any Means Other than a Public Way. This law amends the disclosure require-

ments relating to residential real property. It requires that the disclosure include information about the means of

accessing the property by (1) a public way, as defined in 29-A MRS §101(59), and (2) any means other than a pub-

lic way, in which case the seller must disclose information about who is responsible for maintenance of the means

of access, including any responsible road association, if known by the seller.

Chapter 194 (LD 1139) – An Act to Clarify Certain Right-of-way Limitations. This law provides that, for ease-

ments or rights-of-way created on or after January 1, 2018, unless the written instrument that establishes an ease-

ment or right-of-way that leads to or touches upon a water body expressly includes the right to construct a dock on

the easement or right-of-way or use the easement or right of way to facilitate the construction of a dock, no such

rights exist. "Water body" is intended to be all-inclusive, covering all inland and coastal waters. This law does not

affect easements or rights-of-way created before January 1, 2018.

Chapter 196 (LD 1275) – An Act to Amend and Remove the Need for Periodic Update of the Laws Govern-

ing the Validation of Title Defects. This law amends the laws governing the validation of title defects to specify

under what circumstances various defects in deeds and other instruments and subdivision plats do not affect title to

real property. The law removes the need for periodic updating of these validation laws by specifying the applicable

lookback period.

Chapter 251 (LD 533) – An Act to Clarify the Application of the Statute of Limitations under Article 3-A of

the Uniform Commercial Code. This law addresses the holding in Fleet National Bank v. Liberty, 2004 ME 36,

845 A.2d 1183. This law clarifies that the 6-year statute of limitations included in Article 3-A of the Uniform Com-

mercial Code, rather than the 20-year statute of limitations in 14 MRS §751, applies to all negotiable instruments.

In 2004, the Maine Supreme Judicial Court sitting as the Law Court held in Fleet National Bank v. Liberty that, for

some types of instruments, the provisions of 11 MRS §3-1118(1) did not repeal the 20-year statute of limitations

set forth in 14 MRS §751, either expressly or by implication. This law applies to negotiable instruments executed

on or after the effective date of the law. Negotiable instruments executed before the effective date are governed by

the current law.

Find the full text of these new laws at www.mainelegislature.org (search by LD number).

http://www.mainelegislature.org

Massachusetts Legislative Update

Susan LaRose

New England Underwriting Counsel

WFG National Title Insurance Company

Lynnfield, MA


As it is summer, and the first year of a two-year legislative session, there has not been much

activity on the many Bills that have been filed. Committees are still holding public hearings,

and the Judiciary Committee has scheduled a tentative hearing date of September 26 for the real

estate Bills before them.

While there are numerous Bills pending, there are three areas that are of particular interest:

Foreclosures, proposed changes to title insurance rates and closing protection letters, and the

emerging area of electronic notarization.

Foreclosure:

H2349 and S763 propose judicial foreclosure and would require that all foreclosures of residen-

tial mortgages on 1-4 family owner-occupied properties be initiated by the filing of a foreclo-

sure complaint against the mortgagor in the Superior Court for the county in which the property

is located. A defendant-residential mortgagor would be able raise all legal and equitable claims

and defenses against the mortgagee. This Bill would allow the Court to modify the mortgage or

grant any other appropriate relief as to the mortgagor.

H550 amends GL c.244 by adding section 35D relative to remediating foreclosures. The Bill

would establish a Massachusetts Foreclosure Mediation Program and would be administered by

a “Mediation Program Manager”. The proposed legislation provides for a complex set of pro-

cedures and would be funded by the parties, and by a $50 surcharge for the SCRA complaint.

Title Insurance:

H2949 would prescribe limits on title insurance rates and premiums, including reissue rates,

and require certain disclosures and penalties for violations. It would greatly expand the ability

of buyers to obtain reissue rates, allowing a buyer of a title insurance policy to be entitled to the

reissue rate if the real property to be insured is identical to, or is part of, real property insured

within the 15 years immediately prior to the date the insured transaction closes.

H567 expressly authorizes title insurance companies to issue closing protection letters, and al-

lows for a of $50.00, per transaction closing protection letter issued and further provides that

the fee is not to be the subject of any agreement requiring a division of the fee collected on be-

half of the title insurance company.

Electronic notarization:

S883 would establish an electronic notarization study commission, for the purpose of identify-

ing best practices for the implementation of electronic notarization in the Commonwealth. Sec-

retary Galvin recommended that is was premature to file a substantive bill, but it is clear that

this is an issue that needs to be addressed, sooner rather later.


New Hampshire Legislative Update

Gary Bernier, Vice President - Counsel

Agency Services Manager - New Hampshire, Maine


Uniform Power of Attorney Act N.H. RSA Ch. 564-D

Chapter 178 of the 2017 legislative session adopted the Uniform Power of Attorney Act.

The legislation repealed and replaced the existing law regarding powers of attorney in New

Hampshire and should be reviewed carefully. Significantly, the legislation repealed and re-

placed RSAs 506:5, 6 and 7. The Act includes a new, statutory form of power of attorney and

new notices to/acknowledgments by principal and agent.

Effective Date: January 1, 2018

Access to Condo Association Meeting Minutes Amends N.H. RSA Ch. 356-B

Chapter 140 of the 2017 session codified an amendment to N.H. RSA 356-B:37, VI,

relative to access to the minutes of condominium association meetings. The statute now re-

quires that meeting minutes shall be available to the unit owners for at least 3 years after the

date of the meeting and that the board must respond to a unit owner's written request for the

minutes within 15 days of receipt of the request.

Effective Date: August 15, 2017

Access to Condo Association Financial Information Amends N.H. RSA Ch. 356-B

Chapter 141 of the session added a new section to the condominium statute, RSA 356-

B:37-e. The new section imposes an obligation on condominium associations to present finan-

cial information in the form of a profit and loss statement and make it available to unit owners

30 days prior to the annual meeting. Financial information of the condominium must be fur-

nished to a unit owner within 15 days of a request for it. Information subject to disclosure in-

cludes the identity of association employees along with their salaries as well as third party ar-

rangements for services.

Effective Date: August 15, 2017


Rhode Island Legislative Update

John Endrusick, Esquire RI State Counsel

First American Title Insurance Company Warwick, RI

RIGL 39-26.5-6 – Priority of PACE Lien: Statute amended to include a tax sale, in accordance

with §44-9-32, as a transfer of ownership of commercial property that would trigger the past

due balances of PACE assessments. (Effective as of March 1, 2017)

RIGL 5-20.9 – Real Estate Appraisal Management Company Registration Act: Provides for

the registration and oversight of appraisal management companies operating in Rhode Island.

The federal financial institutions regulatory agencies require that states institute a process for

the registration and oversight of appraisal management companies. This chapter would bring

Rhode Island into compliance with this federal mandate. (Becomes effective July 1, 2018)

RIGL 34-27-6 – Payment of Outstanding Taxes (Relating to Mortgage Foreclosure and

Sale): Statute amended to provide for a penalty of three hundred dollars ($300) per month

(previously $40) up to an aggregate total of two thousand dollars ($2,000) upon financial insti-

tutions failing to promptly record foreclosure deeds and pay outstanding taxes. Exemption from

penalties added for a mortgagee not licensed as a financial lending institution holding a mort-

gage by private agreement with another party (private mortgages). (Effective as of July 7,

2017)

RIGL 5-20.5-14 and 5-20.5-26 in Chapter 5-20.5 entitled, “Real Estate Broker and Salesper-

sons”: Statutes amended to require a real estate broker to release customer or client funds held

in an escrow account as instructed by the parties to failed real estate transaction, within ten (10)

days of receipt of a written release that has been signed by all parties. (Effective September 1,

2017)

Vermont Legislative Update

Jill Spinelli, Esq.

Vermont State Counsel


Williston, VT


This legislative update briefly outlines some of the laws enacted by the Vermont Legislature impacting real prop-

erty conveyances. The complete text of these and other acts can be found at www.leg.state.vt.us.

H.290 Act Relating to clarifying ambiguities relating to real estate conveyances

This act clarifies ambiguities relating to real estate titles and conveyances as follows:

Sec. 1 amends 27 V.S.A. § 464a to allow for a Licensed Attorney to prove that a mortgage has been paid off by

either check or wire transfers.

Sec. 2 amends 29 V.S.A. § 563 to clarify an ambiguity relating to the requirements for considering whether a lease

to explore for oil and gas deposits is deemed abandoned.

Sec. 3 amends 27 V.S.A. § 341(c) to eliminate the need for a witness on a Memorandum of Lease.

Sec. 4 amends 27 V.S.A. § 1313 to provide that the failure to record a floor plan under the State‟s previous statu-

tory scheme for condominiums does not constitute a defect in marketable title if more than 15 years has passed

since the declaration was recorded.

Sec. 5 adds 14 V.S.A. § 3184 to clarify an ambiguity in existing probate law to allow a guardian appointed by a

probate court of a foreign jurisdiction to have the power and authority to convey an interest in Vermont real prop-

erty by a person 18 years or older if he or she has obtained a valid foreign court order and registers that order with

the Probate Division of a Vermont Superior Court.

Sec. 6 amends 14 V.S.A. § 3502(e) to exempt real estate specific powers of attorney from the requirement that the

agent must accept appointment as a fiduciary. Effective Date: May 4, 2017

S.136 An act relating to miscellaneous consumer protection provisions Sec. 2 amends 8 V.S.A § 10404 to reduce the sum borrowers are required to maintain in their escrow accounts and

to require lenders to complete an annual escrow account computation consistent with the federal Real Estate Set-

tlement Procedures Act and provide notice of said computations within thirty (30) days of receiving an adjusted

tax bill.

S.13 An act relating to fees and costs allowed at a tax sale. Sec. 1 amends 32 VSA § 5258 to allow Municipalities to recover fees incurred in order to secure a property (for

which delinquent taxes are owed) against illegal activity and fire hazards, so long as those fees do not exceed

twenty percent (20%) of the uncollected tax.

H. 111 An act relating to Vital records. 18 V.S.A. §4999 is added to create a State Registrar of Vital Records (State Registrar) and to operate a Statewide

Vital Records Registration System. All birth and death certificates issued after July 1, 2018 will be processed by

the State Registrar. All previously recorded birth and death certificates will be maintained by the appropriate mu-

nicipality. Municipalities will continue to issue marriage licenses and record marriage certificates. Certified cop-

ies of birth and death certificates will be limited to specific persons, however 18 V.S.A. § 5016 (c)(2) provides for

a noncertified copy of a birth or death certificate to be recorded in the lands records of an appropriate municipality

to establish the date of birth or death of a person with an ownership interest in real property. There are multiple

effective dates, beginning on May 22, 2017.

H.35 An act relating to adopting the Uniform Voidable Transactions Act. This act reclassifies Fraudulent Conveyances as Voidable Transactions and adopts the most recent revisions from

the National Conference of Commissioners on Uniform State Laws concerning voidable transactions.

9 V.S.A. Chapter 57 is amended to reflect changes as to burdens of proof, protections for transferee‟s, governing

law, and other matters.

http://www.leg.state.vt.us


Application for Membership

Name & Title ________________________________________________________________

Firm or Company _____________________________________________________________

Business Address _____________________________________________________________

City ____________________________ State ___________ Zip Code __________________

Phone _________________Fax ______________ E-Mail _____________________________

Associate Membership – Annual Dues - $95.00 Applicant is: (Check appropriate box)

___ Attorneys, paralegals, title administrators, or other employees of a law firm or law office

who actively practice or assist in the practice of conveyancing in one or more of the New

England states

___ Officers, attorneys, paralegals or other employees of financial and lending institutions, life

insurance companies, corporations and other entities actively engaged in real estate lending or

other real estate matters

___ Surveyors or employees of companies or individuals actively engaged in the profession of

land surveying

___ Employees of domestic companies that either are qualified policy issuing agents of title in-

surance companies or are engaged in the business of preparing and selling commercial abstracts

or certificates of title (associate member option)

___ An organization, business or individual having an interest in or wishing to support the ef-

forts of NELTA (sustaining member)

Firm Membership - Annual Dues: $190.00+ ___ Annual dues include up to two employees of a firm. Each additional employee is $50.00

annually. Attach list of employee names as they will appear in the Membership Directory with

application.

Regular Membership – Annual Dues: $400.00 ___ A title insurance company

___ A corporate abstract company (regular member option)

Recruiter: Did a NELTA member recommend that you join the Association?

_____Yes _____No If yes, please let us know who we may thank:

Name of Member: _____________________________________________________________

Address: __________________________________ City, State, Zip: _____________________

How did you find out about NELTA? What lead you to become a NELTA member?

____________________________________________________________________________

Mail completed application to: NELTA, P.O. Box 743, Norwalk, CT 06852-0743. (203) 847-6885.

Visit us on the web at www.nelta.org. Email us at [email protected].



P.O. Box 743

Norwalk, CT 06852-0743

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