The Utah legislature has recently amended its mortgage loan originator licensing laws to allow temporary authority, the law setting recording fees; the law regarding notices filed with the State Construction Registry (“Registry”); the laws allowing remote notarization and liability for notarial acts of an employee.  All the laws discussed are effective May 13, 2019.  UTAH […]

OBDUSKEY V. MCCARTHY & HOLTHUS U.S. SUPREME COURT, CASE #17-1307 2018 The U.S. Supreme Court recently held in favor of law firms that handle foreclosures on behalf of lenders.  The opinion was issued March 20, 2019. Wells Fargo hired the law firm McCarthy & Holthus LLP to carry out a nonjudicial foreclosure on a Colorado […]

MASSACHUSETTS HOUSE BILL 4806   The Massachusetts legislature recently enacted legislation to protect consumer information, effective April 10, 2019.   “Breach of security” means the unauthorized acquisition or unauthorized use of unencrypted data or, encrypted electronic data and the confidential process or key that is capable of compromising the security, confidentiality, or integrity of personal […]

NEVADA TEMPORARY RULES CHAPTER 240   The Nevada Secretary of State recently issued temporary rules governing electronic notarizations, effective January 8, 2019.  The regulations relate to the legislation enacted in 2017 (Assembly Bill 413) providing for electronic notarizations.  See our memorandum dated June 7, 2018 for a discussion of the legislation.   "Principal" means the […]

The Illinois legislature recently amended provisions of its Residential Mortgage License Act (“Act”), effective December 19, 2018.  The Consumer Financial Protection Bureau (“CFPB”) announced the asset-size exemption thresholds for 2019 for Regulation C and Regulation Z.   ILLINOIS HOUSE BILL 5542   Licensees under the Act who are not filing a Mortgage Call Report with […]

DISTRICT OF COLUMBIA L22-0189   The Council of the District of Columbia recently enacted the Revised Uniform Law on Notarial Acts Act of 2018 (“Act”), effective December 4, 2018.   “Acknowledgment” means a declaration by an individual that states the individual has signed a record for the purposes stated in the record and, if the […]

MINNESOTA SENATE FILE 893   The Minnesota legislature recently adopted the Revised Uniform Law on Notarial Acts (“Act”).  The Act applies to a notarial act performed on or after January 1, 2019.   “Acknowledgment” means a declaration by an individual before a notarial officer stating that the individual has signed a record for the purpose […]

RHODE ISLAND SENATE BILL 2560 AND HOUSE BILL 7502   The Rhode Island legislature recently enacted a Uniform Law on Notarial Acts (“Act”), effective January 1, 2019.   “Acknowledgment” means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if […]

The California Legislature has recently enacted legislation regarding closing an equity line of credit, amendments to the Survivor’s Bill of Rights, amendments to the Property Assessed Clean Energy (“PACE”) Program, amendments to the California Military Families Financial Relief Act (“ACT”) and amendments to the Right to Financial Privacy Act.  All the legislation discussed in this […]

The Alabama legislature recently amended provisions of its Uniform Condominium Act (“Act”) to clarify lien priority and what fees could be included in the lien, effective January 1, 2019.  The Connecticut legislature recently amended its laws related to pre-licensing education for mortgage loan originators, loan processors, and underwriters, effective January 1, 2019.  The Colorado Division […]