VIRGINIA LAND TITLE ASSOCIATION NEWSLETTER MARCH 3, 2017 PRESIDENT’S MESSAGE Circuit Court Recorders play an essential role in our industry. Their connection to the processes in record rooms and Clerks’ Offices is an indispensable resource. Occasionally we encounter issues with procedures or software in the record room or Clerk’s Office, and we strongly encourage agents, examiners, and especially recorders to share information about any glitches or concerns with VLTA. We hope to pass on this information to all of our members. VLTA’s primary concern is keeping members up to date and informed in every area that affects the title industry. If you have news or information you would like to share with your fellow members, please email us at [email protected]. In closing I thought I would share some St. Patrick’s Day tid-bits with you which have absolutely nothing to do with the title industry but might be of interest to you if you have kissed the Blarney Stone. St. Patrick was born in Wales in 385 AD. His real name was Maewyn. He died on March 17, 461 AD and ever since then that day has been celebrated as St. Patrick’s Day. We associate this holiday with green and yet St. Patrick’s color was actually blue, and to-boot he was not even Irish. Only fairies and immortals wore green to encourage crops to grow. It was once said “A Best friend is like a four leaf clover, hard to find, but lucky to have. HAPPY ST. PATRICK’S DAY TO ALL. Glenda Brooks, VCTE, VCTSA | VLTA President 2016-2017 COME TO CONVENTION FOR FREE?! In honor of our past president, Ronald Donn (President 2006-2007), the Virginia Land Title Association Board of Directors has established a scholarship program for newly licensed title insurance agents and newly certified VCTEs who have a desire to improve their skills and increase their knowledge as land title professionals. Ronald Donn was passionate about industry education, and worked to include new professionals in the Convention experience. The scholarship covers full convention registration (lodging accommodations not included). VLTA encourages all who qualify to apply for the award. Apply for the 2017 Ronald Donn Award online - click here. CRITERIA Applicants for the Ronald Donn Award must demonstrate the following: Status as a Licensed Title Insurance Agent or VCTE, preference to newly licensed or certified professionals (within past 24 months) Membership in good standing with the Virginia Land Title Association – individual or company membership Commitment to attend all educational sessions offered at Convention, both Friday & Saturday Willingness to report on your experiences at Convention for a brief article in the VLTA Examiner Magazine. The award application is available online and takes about 5-10 minutes to complete. Applications are due by April 1st. The winner will be announced by April 15th. Winners will be chosen based on their answers to the application questions, their adherence to the selection criteria, and their demonstration of enthusiasm for continuing education. VLTA SEEKING NOMINATIONS FOR THE 2017-2018 BOARD OF DIRECTORS Are you interested in serving on the VLTA Board of Directors? VLTA is seeking nominations for the 2017-2018 Board. Put your skills and experience to use serving on the VLTA Board! Email [email protected] to learn more about volunteering on the Board. Detailed information about Board responsibilities and needs are posted online at www.vlta.org/board-nominations-2017. INDUSTRY NEWS U.S. SUPREME COURT O VERRULES LOWER COURT 'S DECISION IN VIRGINIA CASE OVER R ACIAL GERRYMANDERING The U.S. Supreme Court on Wednesday instructed a lower court to reconsider its finding that race was not the dominant factor in drawing 11 Virginia General Assembly districts, opening the door to a new political map that could reshape the Republican-controlled state legislature. Anti-gerrymandering advocates hailed the 8-0 ruling as a victory for efforts to produce more competitive elections, though the final outcome of the case remains unclear. With two Supreme Court justices partially dissenting but agreeing with the overall judgment, the high court remanded the matter to the U.S. District Court for the Eastern District of Virginia to rehear using a different legal standard. Read more. 16 SOUTH FLORIDIANS INDICTED FOR CONDO UNIT MORTGAGE FRAUD S CHEME Sixteen South Floridians and one St. Petersburg resident were charged for their roles in a mortgage fraud scheme involving two condominium projects on the west coast of Florida, the U.S. Attorney’s Office for the Southern District of Florida announced Thursday. The bulk of the seventeen defendants – 88 percent – were Miami-Dade County residents. One defendant was a Broward County resident and one was from outside of South Florida. Read more. HOME PRICES ACCELERATING IN THE FACE OF RISING MORTGAGE RATES U.S. house prices rose at an accelerated pace in December, a sign that higher mortgage rates aren’t yet diminishing outsize demand for properties. Data provider CoreLogic said its home price index was up 0.8% during the month, and 7.2% compared to a year ago. That’s the fifth straight month in which the yearly price increase was higher, including during months that saw mortgage rates jump nearly a full percentage point. Read more. MORTGAGE APPLICATION S SURGE 5.8 PERCENT, AS RATES BRIEFLY DIP Borrowers came back to the mortgage market last week, thanks to a slight retreat in interest rates. Total mortgage application volume rose 5.8 percent for the week compared to the previous week. Still, volume came in 28 percent lower than the same week a year ago. The Mortgage Bankers Association's seasonally adjusted report includes an adjustment for the Presidents Day holiday. Read more. MANY BORROWERS SAY T HE MORTGAGE PROCESS IS A MAJOR PAIN Could getting a home mortgage under today’s post-housing-bust regulations and procedures be even remotely comparable to going to the dentist to get drilled? Or is it anything like having your annual physical, where every body part may be subject to inspection and prodding? At a time of super-strict underwriting standards, record-high credit-score requirements and hard-wired debt-toincome cutoffs, has the process of applying and qualifying gone a little over the top? Many applicants and borrowers apparently think so. Two new national surveys found that significant numbers of borrowers believe the current mortgage process is a major hassle. The surveys were conducted for Freeandclear.com, a mortgage website, and Nerdwallet, which offers personal finance and mortgage information. Read more. LENDERS UNDER FIRE FOR CANCELLING MORTGA GE OFFERS AT ELEVENTH HOUR High street lenders have come under fire for cancelling mortgage offers based on their own mistakes, costing borrowers money. One case has seen a lender withdraw its offer so late that the buyer and seller had already exchanged contracts and were legally obliged to complete the deal, Money Marketing sister title Mortgage Strategy understands. The Association of Mortgage Intermediaries says the errors often take the form of lenders recording wrong client information, or valuers making mistakes. Read more. LONGTIME VIRGINIA BE ACH LAWYER LOSES LAW LICENSE FOR MISHAND LING SETTLEMENT MONE Y The law license of a longtime Virginia Beach attorney was revoked this week after she admitted to mishandling more than $700,000 from real estate transactions in which she was the settlement agent. Read more. Follow VLTA on social media to receive daily industry news articles and important VLTA updates. VLTA REGIONAL EVENTS Join VLTA in 2017 for seven regional events across the Commonwealth, featuring CE, CLE, VCTE, and VCTSA hours. Remember – Regional Events are FREE for all-inclusive members! Date Day Credit Types HRS City Site March 18 Saturday CE, CLE, TE 3 Centreville Centreville Public Library March 23 Thursday CE, CLE, TSA 2 Charlottesville CAAR July 13 Thursday CE, CLE, TSA 2 Richmond September 16 Saturday CE, CLE, TE 3 Roanoke October 24 Tuesday CE, CLE, TSA 2 Fredericksburg November 4 Saturday CE, CLE, TE 3 Hampton Register Register Online South County Library Register by Paper Assessor’s office REGIONAL EVENTS ARE FREE TO ALL INCLUSIVE MEMBERS! CENTREVILLE EVENT: SNEAK PEEK SESSION 1: CEMETERY ISSUES IN TITLE INSURANCE IN VI RGINIA, KAY CREASMAN, ESQ. Cemeteries present special issues when they appear in the chain of title. Most often title examiners see evidence of family cemeteries raising issues of access, ownership and whether or not family members can continue to be buried there. At other times interred bodies need to be moved. On occasion church cemeteries or other cemetery associations want to sell or have abandoned real estate purchased for cemetery purposes. State statutes and local ordinances control in these cases. Of paramount issue in all the regulations is treating the deceased with proper dignity and respect. SESSION 2: 50 WAYS TO LEAVE YOUR PROPERT Y: ACCESS, DOUGLASS DEWING, ESQ. This session will review Access as a covered risk under a standard title policy (no right of access to and from the subject land), refined coverage in endorsements, public access, private access, and creation and termination of both public and private access. This session will draw from both the perspective of the title examiner and the title insurance agent to offer a well-rounded view of potential missteps in ensuring and insuring access in a real estate transaction. SESSION 3: LAND GRAN TS IN VIRGINIA, KATHERINE CRAWFORD, ESQ. Upon the discovery and subsequent colonization of Colonial America, the Crown assumed sovereignty over all lands discovered in the New World. The rights of the Native Americans to the soil were not recognized. The doctrine of that time stated that title to land was acquired by mere discovery. This session will review important information about this period of Virginia history and its impact on title searching and underwriting. Specifically, we will review: The Virginia Company of London (1606-1624); King’s officials (Royal Governors) in the colonial government (16241779); Patents/Grants (Headrights System, Treasury Rights, Military rights); Record keeping; Specific Land Grants; and Land Grants after the American Revolution. ONLINE EDUCATION Are you an all-inclusive member of VLTA? Congratulations! You and your staff will benefit from 100% FREE online continuing education in 2017, and 50% off our premier courses, including the VCTE-Online, the VCTSA-Online, and our online Title Insurance Pre-Licensing Class. Visit www.pathlms.com/vlta to view our complete catalog of courses. Our catalog includes hundreds of hours of CE, CLE, VCTE, and VCTSA continuing education courses – including ETHICS hours! Don’t miss out on this valuable resource. VIRGINIA CERTIFIED TITLE SETTLEMENT AGEN T (VCTSA™) The Virginia Certified Title Settlement Agent (VCTSA)™ course is a comprehensive course offering detailed instruction and insight into the modern settlement process. Our education committee will seek approval from both the Virginia State Bar and PearsonVUE for 16 hours of CE and CLE credits, including ethics hours. The course will be priced at $260 for members, $520 for non-members. STAY TUNED FOR THE OFFICIAL ANNOUNCEMENT OF THE PROGRAM’S RELEASE! ONLINE PRE-LICENSING EDUCATION Virginia Land Title Association is excited to announce that the Title Insurance Pre-Licensing course is now online via the Virginia Land Title Institute. Our online course will help your staff get the training they need from the convenience of the home or office setting. The course is $260 for VLTA members; $520 for nonmembers. Course materials are available on-demand, shipped directly to your home or office. Our course has been updated to focus more strictly on the exam content outline to help better prepare students for the title insurance licensing examination. See what all the buzz is about! Sign up for the Pre-Licensing class at www.pathlms.com/vlta. LIVE PRE -LICENSING EDUCATION If you prefer live classes, VLTA maintains an active partnership with Shipman & Butler Consulting, who provide live Pre-Licensing education throughout the year. Click here for live class information. VLTA members get $25 off live classes! VIRGINIA CERTIFIED TITLE EXAMINER (VCTE ™) The Virginia Certified Title Examiner (VCTE)™ course is an updated, comprehensive, basic and intermediate level course for Virginia Title Examiners. Show clients you have a credible standard of industry education. Join over 400 Virginia Title Examiners who have already earned this designation. Register for this online course at www.pathlms.com/vlta/1562. The VCTE program is approved for 16 hours of CE for Title Insurance Agents and 16 hours of CLE for attorneys. MARCH 18 FAIRFAX/NOVA REGIONAL EVENT Earn 2-3 hours of CE, CLE, and VCTE credits at this special Underwriting & Examination-focused event in Northern VA. All-inclusive members come free! Learn more at http://www.vlta.org/regionalevents. MARCH 23 CHARLOTTESVILLE REGIONAL EVENT Earn 2-3 hours of CE, CLE, and VCTSA credits at this special Settlement-focused event in Charlottesville. All-inclusive members come free! Learn more at http://www.vlta.org/regional-events. MAY 1-3 ALTA ADVOCACY SUMMIT Join ALTA for national industry advocacy at the Watergate Hotel in Washington, DC. Register now online at http://meetings.alta.org/advocacy/. JUNE 1-3 VLTA CONVENTION – LANSDOWNE RESORT, LEESBURG, VA Earn up to 8 credits of CE, CLE, VCTE, and VCTSA credits at our amazing, spectacular, fantastic Annual Convention! Save the date! This year’s theme is “The Roaring 20’s”. Check back for more information in February at http://www.vlta.org/annual-convention. JULY 13 RICHMOND REGIONAL EVENT Earn 2-3 hours of CE, CLE, VCTE, and VCTSA credits at this special Business Succession Planning Event in Richmond. All-inclusive members come free! Learn more at http://www.vlta.org/regional-events. LEGISLATIVE UPDATE The 2017 Virginia General Assembly session came to a close on Saturday, February 25. While this was a “short session,” the legislature was still very productive and passed hundreds of bills. This was Governor McAuliffe’s final session and his last opportunity to get his policy priorities through. It is also an election year, with the entire House of Delegates and the statewide offices up for election in November. The legislature will reconvene on Wednesday, April 5. They will review all of the Governor’s actions on bills, including the budget. They will vote whether to accept or reject his vetoes and amendments. We will update you after the reconvened session in April. BELOW IS A BREAKDOWN OF BILLS OF PARTICULAR INTEREST TO THE INDUSTRY. HB 1618 - HABEEB Nonexoneration of debts on property of decedent; notice to creditor and beneficiaries. Provides a procedure by which a personal representative of a decedent's estate may notify a creditor of a debt on certain property in the decedent's estate that such property passes without the right of exoneration. The bill provides the method by which such notice shall be sent. The bill provides that if such procedure is used, the creditor may file a claim for such debt with the commissioner of accounts, and if the creditor does not timely file such claim, the personal representative shall be liable for the debt up to an amount not exceeding the assets of the decedent remaining in possession of the personal representative and available for application to the debt. The bill does not have an effect on either the liability of the estate for such debt to the extent of the decedent's assets remaining at the time a claim is filed or the liability of the beneficiaries that receive the decedent's assets to the extent of such receipt. This may affect the ability of personal representatives and/or devisees to convey title to real property without both parties executing said deed. Approved by Governor (effective 7/1/17) This bill is identical to SB 1176 (Ben Chafin). HB 1909 - YOST Real property tax; non-judicial sale of tax delinquent property. Permits the nonjudicial sale of unimproved real property valued at less than $5,000 if taxes are delinquent for at least three years. The bill also permits the nonjudicial sale of real property valued at no less than $5,000 but no greater than $20,000 if taxes are delinquent for at least three years, the property is not subject to a recorded mortgage or deed of trust lien, and the property (i) is unimproved and measures less than 4,000 square feet; (ii) is unimproved and has been determined to be unsuitable for building (the bill expands the bases on which unsuitability may rest); (iii) has a structure on it that has been condemned by the local building official; (iv) has been declared a nuisance by the locality; (v) contains a derelict building; or (vi) has been declared to be blighted by the locality. The bill also modifies current law regarding notice of the sale, redemption of the property, and application of excess proceeds. Current law permits the nonjudicial sale of unimproved real property valued at less than $10,000 if taxes are delinquent for at least three years and the property (a) measures less than 4,000 square feet or (b) has been determined to be unsuitable for building. Governor's Action Deadline Midnight, March 27, 2017 HB 2035 - MILLER Electronic filing of land records; fee for paper filing. Provides that a clerk of a circuit court that has established an electronic filing system for land records may charge a fee not to exceed $5 per instrument for every land record filed by paper instead of electronically. This is a reversal of the previous statute that allowed a clerk to charge a fee for electronic filings. Governor's Action Deadline Midnight, March 27, 2017 This bill is identical to SB 870 (Richard H. Stuart). HB 2050 - ADAMS Tenancy; severance by the entireties by written instrument. Clarifies that a husband and wife may own real or personal property as tenants by the entirety for as long as they are married. The bill provides that, in order to sever a tenancy by the entireties by written instrument, the instrument must be a deed that is signed by both spouses as grantors of the property. This bill is in response to Evans v. Evans, Record No. 141277, 772 S.E.2d 576, 2015 Va. LEXIS 84 (2015). Approved by Governor (effective 7/1/17) Until next month, James Pickral CONTINUING EDUCATION NOTICE ATTENTION ALL TITLE INSURANCE UNDERWRITER/AGENT/PRODUCER CE STUDENTS: To ensure that each student is awarded accurate credits earned and receives proper notice from the Bureau of Insurance regarding Continuing Education and licensure status, please be sure to do the following: Update your VLTA Account by logging in at www.vlta.org. We cannot file credits without your license number and correct last name on file. Update your name and address with the BOI. They cannot send you notice(s) without an updated address on file. Be sure to sign in and out at all live events for each education session. Credits cannot be awarded if you do not sign in and out. If you sign in and out by electronic scan badge, your license number will automatically be associated with your name if it is correctly on file in your VLTA account. If you sign in and out by paper, be sure to include your license number each time. Check your transcript! If you have completed CE credits at an event or online, be sure to check your transcript for the credits you have earned. Providers have 20 days to upload your credits to Sircon. Correct any errors sooner rather than later! Keep your course completion certificates – they are your backup proof that you have attended a session for credit. VLTA WANTS TO HELP YOU SUCCEED EVERY BIENNIUM, BUT WE CANNOT UPLOAD CREDITS WITHOUT UPDATED INFO ON FILE. Virginia Title Agents and Real Estate Attorneys Please join us for a full day seminar free of charge to attendees Tuesday April 18, 2017 at The Waterford at Fair Oaks 12025 Lee Jackson Memorial Highway Fairfax, VA You do not have to be a current Conestoga Title Insurance agent to attend Pending VA six CE Credits (Title) and six CLE credits Agenda highlights will include: Current Claims of Interest, Deeds: Drafting & Correcting, Protecting Escrow Funds and Consumer Information and a 2017 Regulatory Update from ALTA & VLTA . Contact Laurie Wentland Virginia Agency Representative for a copy of the current agenda or to receive a registration form IMPORTANT LINKS Update your VLTA profile www.vlta.org Take CE classes online www.pathlms.com/vlta Check your CE transcript Click here Check your CCE transcript http://pontneufsoftware.com/Login2.aspx Sign up for Prelicensing www.pathlms.com/vlta/courses/1560 Register for Convention www.vlta.org/annual-convention Register for a Regional Event www.vlta.org/regional-events Virginia Land Title Association. Where our industry comes together. Virginia Land Title Association 14001-C Saint Germain Drive, Suite 822 | Centreville, VA 20121 | (800) 929-8730 | (703) 995-0649 fax | www.vlta.org | [email protected]
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