T h e Of f i c i a l Pu b l i c a t i o n o f t h e Ne w Je r s e y L a n d Ti t l e A s s o c i a t i o n W I N T E R S a n d y ’s Ti t l e W a v e s 2 0 1 3 by Lawrence C. Bell, Esq. The effects of Hurricane Sandy will not soon be forgotten. Youngsters living at the shore will grow up with a different attitude than some of the older folks who felt that warnings of danger were often exaggerated. Sandy was different. No one in New Jersey had ever seen anything like it. It was the largest Atlantic hurricane in recorded history with winds spanning 1,100 miles. While New Jersey and New York were particularly hard hit, it affected 24 states, left millions without power and caused damages estimated at over $63 billion dollars. Most of us woke up in the dark on Tuesday morning, October 30th, thinking about the fragility of our electrical infrastructure but for those living anywhere near the shore, people woke up to a nightmare. The devastation and destruction was severe. Superstorm Sandy’s storm surge wreaked havoc and decimated both quaint and famous beaches and landmarks. The New Jersey coastline was redefined. Sandy was a prophetic name for this storm, as there was sand everywhere! Everywhere that is except on New Jersey’s beaches. It has been estimated that New Jersey beaches are 30-40 feet narrower after the storm with some places, Sandy’s Title Waves cont. on page 2 IN THIS ISSUE Sandy’s Title Waves................................................................................................................................. Cover The Race is On.............................................................................................................................................. 5 Ask the Expert................................................................................................................................................ 8 An Agent’s Perspective There’s a Lawyer in the Record Room........................................................................ 9 Welcome to Charm City!............................................................................................................................. 10 2013 Convention Registration .................................................................................................................... 12 Postal Power: Where are the Deeds?............................................................................................................ 14 Who Are You? Who, Who. Who, Who ...Do You Really Want to Know?....................................................... 16 Advocate on the Move and In The News...................................................................................................... 17 2012 ALTA Convention................................................................................................................................ 19 Dates to Remember..................................................................................................................................... 21 Discover what your want you to know. DTS Title Plant money. They complete county searches themselves - at their convenience. Courts closed? No problem. Working off hours? No problem. They get instant results and one uniform way to view indices and include all copies. Why aren’t you using it too? County Searches Complete over 95% of present owner searches via DTS, right from the office. Get what you need, when you need it. www.signatureinfo.com 800-792-8888 Contact us for a free demo and get the DTS edge. Visit our web site for details about our free monthly DTS webinars Home of Charles Jones® and Data Trace® NJ/PA products and services Sandy’s Title Waves cont. from cover like the shore town of Mantoloking, losing over 150 feet of beach. “What does all of this mean for the title industry?” was one of the questions that has been on all of our minds. We deal with questions concerning property ownership every day. Some, like the evaluation of a deed chain, are relatively simple. We all know that the State of New Jersey owns all lands that are now or were formerly flowed by the tide. Has Sandy changed the ownership lines of properties that were physically rearranged by the storm? Guidance on this issue has been provided by the New Jersey Supreme Court in its decision in the matter of the City of Long Branch v. Jui Yung Liu 203 N.J. 464 (2010). Jui Yung and Elizabeth Liu owned commercial property at 115 Ocean Avenue in Long Branch. Jimmy’s Famous Boardwalk Hotdogs was one of a number of businesses operated by the Lius from their beachfront location. In 1996 the City adopted a redevelopment plan for its beachfront areas. As part of the project, Long Branch sought to acquire beachfront property through the power of eminent domain. The value of the land being taken from Mr.& Mrs. Lui was in dispute. Long Branch offered $900,000. The Lui’s appraiser said it was worth $2,855,000. They argued that their ownership extended to the mean high water line of the Atlantic Ocean. Since a beach replenishment project undertaken by the local, State and Federal governments added an additional 225 feet of dry land seaward of the mean high water mark described in their deed, they asserted a right to receive payment for the value of the additional lands. This fact pattern gave the Court the opportunity to review New Jersey law applicable to ownership rights in tidally flowed lands. The Court started with a legal principle dating back to ancient times that the State holds ownership, dominion and sovereignty over tidally flowed lands, in trust for the people. Known as the public trust doctrine, it allowed for the use of water for navigation and fishing, as well as access to the shore. In Roman times, fishermen were allowed to dry their nets on the seashore under this doctrine. The public trust doctrine was later expanded to include recreational uses and now applies to limited use of an upland owner’s dry sand when reasonably necessary for public enjoyment of the ocean. It is clear that the boundary line between private ownership of dry beach and public ownership of tidally flowed lands is the mean high water line, but that line is not fixed and stationary. The location of the mean high water line fluctuates over time through the processes of accretion, erosion and avulsion. Accretion is the gradual accumulation of sand, sediment or other deposits extending the shoreline so slowly that the change can only be seen over time. Erosion is the opposite of accretion. It is the gradual and imperceptible reduction of dry land on the beach. Under common law, accretion increases the size of an oceanfront W I N T E R 2 0 1 3 property and erosion decreases the size of owned land. Referred to as the principle of natural justice, an owner of lands abutting the sea is obliged to accept the alteration of his or her boundary by the changes to which the shore is subject. Avulsion is another story. Avulsion is a rapid, sudden and easily perceived loss or addition to land by the action of water or otherwise. New Jersey case law defines violent shifts of land incident to floods, storms or channel breakthroughs as examples of avulsion and holds that this type of sudden gain or loss of shoreline does not result in any shifting of property lines. The law does not make a distinction as to whether an avulsion is due to natural forces or manmade efforts. The decision in Long Branch v. Liu cites to several cases in stating: “We have long recognized that a sudden shoreline change known as avulsion (as distinct from accretion, or gradual change in configuration) ‘has no effect on boundary,’ and that this ‘is the received rule of law of nations on this point, as laid down by all the writers of authority.’” The Court went on to hold that the pumping of sand to replenish a beach is an avulsion that has no effect on the Liu property boundary. The New Jersey Land Title Association, by the way, participated as amicus curiae in this case. So the answer is that Hurricane Sandy may have moved a lot of sand, but the damage Sandy did didn’t change any property boundaries. It may be that we need to order new or up-dated surveys before providing survey coverage, but our title industry need not be concerned that ownership rights have been affected by the finding of a different coastline. Rebuilding the damage will be a task that continues for years. There are some who argue that we should learn from Sandy and not rebuild so close to the shore. While the subject matter of shoreline development is excluded from title policy coverage, affected property owners need Sandy’s Title Waves cont. on page 3 2 Sandy’s Title Waves from page 2 not say “May I” to rebuild a previously existing building, structure, bulkhead, dock or pier. in their own way. It was the same in the title industry with people pulling together and helping each other deal with adversity. The Coastal Area Facilities Review Act (CAFRA) governs development of all lands within 150 feet of tidal water, beaches and dunes. It is administered by the NJ Department of Environmental Protection who issue CAFRA permits when development is approved, or a Waterfront Development Permit for anything constructed in tidal waters. Under CAFRA, any legally existing building or structure that was damaged or destroyed by Hurricane Sandy can be rebuilt without a CAFRA permit so long as the structure is not enlarged beyond its existing footprint. The same holds true for legally existing bulkheads, docks and piers, provided they are replaced in the same location and are not enlarged. While normal local building permits and approvals will certainly be required, affected property owners have every right to rebuild their homes and businesses as and where existed. We heard a lot of title stories, but none involving any failures to close transactions that were ready to go. Stories of candle-light kitchen table closings; agents with electricity opening their offices and lending their conference rooms to competitors and law firms without electricity; the sharing of searches and back titles; with virtually everyone covering for and cooperating with everyone else to safely get the deals closed. That is Sandy’s Title Waves silver lining.t The devastation caused by Hurricane Sandy has been well documented with graphic images and videos spread before us in the news and on the internet, Facebook and YouTube. One thing that is striking, besides all of the damage, is the volume of volunteers. Images of people helping people. Jersey strong. There were a lot of heros during Sandy and in her aftermath, everyone pitching in and helping LAWRENCE C. BELL is Vice President, Senior Underwriter and Regional Underwriting Counsel, Northeast/Mid-Atlantic Region, for Stewart Title Guaranty Company. The opinions and views expressed herein are solely those of the author and not his employer or the NJLTA. The subject matter of riparian lands, both ownership and regulation thereof, is complex and has many moving parts. Appropriate water rights exceptions must always be taken and appropriate procedures followed before insuring. Please speak with your title underwriter regarding their requirements and for guidance and advice. T h e Of f i c i a l Pu b l i c a t i o n o f t h e Ne w Je r s e y L a n d Ti t l e A s s o c i a t i o n 3 The Race is On – Expediting the Rebuilding Process in the Wake of Hurricane Sandy by Jeffrey G. Otteau Super Sandy caused widespread damage across the Tri-State region which will continue to be felt for years to come. In terms of damages from the storm, the hard data still lacks enough detail at this stage to quantify localized effects with any certainty. As time goes and more information becomes available, a clearer understanding of the effects on the state’s real estate markets and economy will emerge. And so for now, I offer my initial assessment on the aftereffects of Sandy. Real Estate Effects – Sandy will create wide ranging effects on the real estate market, most of which will be negative. Here’s a quick rundown: • Existing Home Sales – the residential real estate market in the Shore Areas saw a decline in home sale closing during the month of November on a magnitude of $50-Million which has dire consequences for the real estate industry. Much of this will be temporary, as home sale closings are pushed back into later months. But many of those pending deals have been lost permanently. The effects outside the impacted Shore areas will however be short-lived. For the rest of the state, the housing recovery that began in 2011 will continue in the New Year. • New Home Construction – the increase in construction activity due to rebuilding in the Shore area will create additional headwinds for the new construction market. This is because demand for construction materials and labor will create upward inflationary pressures on prices at a time when housing prices are quite low. One of the reasons why new home building has been sluggish in New Jersey is that today’s lower home prices challenge the profitability of new home construction. To the extent that prices for labor and materials go higher due to the rebuilding efforts, the recovery of the state’s homebuilding industry will be pushed back further on the calendar. • Investor Activity – Look for investor activity to increase sharply in the shore area. Based upon the $250,000 cap on flood insurance (excluding personal property) coupled with many homes having no flood insurance at all, many homeowners will be unable to afford the reconstruction process. Knowing this, investors will be aggressively looking for opportunities to “cash out” these property owners and implement a “repair & sell” or “repair & rent” strategy. Expect that investors will be going door to door searching for these opportunities. • Property Taxes – Governor Christie has already said that property taxes will go up in towns that need extensive rebuilding. This is because the cost of infrastructure repair is typically passed through to residents in the form of higher property taxes. While some of these costs will likely be covered by federal aid, it won’t be enough to completely avoid higher taxes at the municipal level. Also, reduced assessment values on properties that suffered damage will transfer a portion of the tax burden to homes that were not damaged. Given that higher local property taxes are a disincentive to real estate sales, the effects here may be long term. • Mortgage Delinquencies & Foreclosures – one of the reasons why the recovery in the New Jersey real estate market has been slower than in other places is that foreclosure moratoriums were applied more strictly here. Recently, there has been some improvement in this area as the rate of foreclosure filings has increased. This progress is likely to be reversed in shore areas however as economic hardship coupled with loan forbearance policies at the federal level will cause the shadow inventory to grow again. • Critical Rental Housing Shortages – the damages to existing residential property has caused a sharp increase in demand for temporary rental housing. This is occurring at a time when the rental market is already undersupplied and rents are rising. This increase in demand resulting from Sandy will further tighten the available rental supply, push rents higher, and create financial hardship for lower income households unable to afford those rising market rents. • Seasonal Rental Properties in Short Supply – The available pool of seasonal rentals has been significantly reduced, particularly on the barrier islands. This means fewer seasonal renters this summer which translates into fewer patrons and customers for shore area businesses. Properties that came through undamaged will command a premium this summer due to scarcity issues which will push those rents higher. • Mortgage Lending – Already, mortgage lenders are requiring that all properties under a prior loan application be reappraised to assess damages. Some of this reassessment will extend beyond the property’s lot lines to quantify the damages to roads, beaches and surrounding properties. As a result, an already difficult mortgage approval process will get even more tenuous. This should however pass with time, as infrastructure improvements are completed in the local area. • Flood Insurance – The National Flood Insurance Program (NFIP) insures 5.6 million US property owners against losses from flooding. The NFIP has $1.25 trillion of coverage in force, of which just under half is in seaside areas such as the Jersey Shore. In New Jersey, there are approximately 250,000 policyholders including residences and businesses. At the moment, the NFIP has access to about $4 billion, plus a $20.8 billion credit line with the U.S. Treasury — of which it has already borrowed $18 billion. It is therefore likely that the loss coverage from Sandy will exceed its current borrowing capacity. Recent events will renew the discussion amongst lawmakers as to whether this program should continue in the future, but that decision won’t occur T h e Of f i c i a l Pu b l i c a t i o n o f t h e Ne w Je r s e y L a n d Ti t l e A s s o c i a t i o n 5 W I N T E R until 2017 when the current program expires. So for now, the federal government will need to borrow additional funds from the Treasury to pay for damages as it did when it borrowed $17-Billion for Hurricane Katrina. • Waterfront Property – History suggests that because the allure of the ocean, rivers and lakes is so great, and that memories are sufficiently short, long term effects on waterfront property values will be negligible. That is however subject to variation depending on circumstance. For example, properties that experienced damage from flooding are likely to experience short-term stigma. This is because the required disclosure of these events to potential purchasers is likely to dampen interest in that property due to concerns about unseen damage, mold and the potential for recurrence. With the passing of time however, and assuming another directhit-hurricane event does not occur anytime soon, these effects will diminish. At the same time, waterfront properties that did not experience flooding damage have the potential to carve-out a price premium. Already, we have seen asking prices for such properties being raised in anticipation of this advantage. While the wisdom of such a marketing strategy is suspect, it is likely that unaffected properties will be viewed more favorably by the market. Rebuilding The Damage – The first wave of reconstruction will focus on infrastructure repairs to rebuild and restore utility systems, bridges, roads, beaches and boardwalks. This infrastructure work has already begun as shore area governments rush to complete as much work as possible before the summer tourism season begins. Clearly, spending in this area will remain elevated for the next several years. However, a portion of these costs are likely to get passed through to local taxpayers to the extent that federal and state aid is less than actual infrastructure repair costs. Therefore, the net effects of this infrastructure spending on the economy are unknown at this point. Rebuilding of homes and businesses will begin much later due to the complex maze of insurance and regulatory procedures that are necessary. According to Eqecat, a catastrophe risk modeling firm, damages to insured property totaled $50— Billion, of which 55% was to residences. They further estimate that 34% of total property losses occurred in New York, 30% in New Jersey, 20% in Pennsylvania and the remainder in other states. More recently, the governor of New York estimated state costs to be $32.8 billion, while Governor Christie’s office has calculated state costs to be $29.5 billion. Both of these figures however include a component for the money to be spent to protect against future storms. Using the Eqecat figures, New Jersey’s share of insured property damages works out to be $8.25-Billion ($30-Billion X 55% X 30%). Using those figures, we can expect home rebuilding expenditures in the range of $8.25-Billion, give or take. Some of those rebuilding expenditures will exceed actual damages as homes are expanded beyond their prior size. Also, given the $250,000 limit on flood insurance coverage, some 6 2 0 1 3 homeowners will need to reach into their own pockets to pay for the rebuilding, especially on larger more expensive homes. But it is also likely that some homes will never be rebuilt due to their being uninsured or because of changes in zoning and building codes affecting reconstruction. These reconstruction activities will have a positive economic effect on the local, regional and state economy attributable to job creation in the construction industry and construction material expenditures. Also benefiting from the rebuilding efforts will be ancillary service professionals including the insurance adjusters, attorneys, planners, architects and engineers. Given the likelihood that the rebuilding will span several years, it is likely that the $8.25 Billion cost will be spread across 2 years at an amount equivalent to $4.1 Billion annually. The Larger Economic Context – One of the first effects in New Jersey was for initial unemployment claims to spike 275% over a 2-week period in mid-November. During those 2 weeks, claims in New Jersey increased from an average pace of 12,000 per week over the past 4 years to 45,000 per week. To understand other economic effects, storm damage was heavily concentrated in the shore areas. New Jersey’s 4 coastal counties of Monmouth, Ocean, Atlantic and Cape May account for 60% of the state’s $30-Billion tourism industry, or about $18-Billion annually. In a larger context, that $18-Billion equates to about 4% of the state’s entire economy. Based upon these figures, the larger question is to what extent the Shore tourism economy will be affected while the rebuilding is underway. Clearly, there will be less reason to visit the shore this coming summer prior to the rebuilding being completed. While the reconstruction of roads, bridges and boardwalks has already begun, other areas will take years before getting back to normal. Beach erosion has reduced the physical size of beaches, meaning they have less capacity to hold summer tourists and will be more crowded this summer. Also, shore area businesses including amusements, arcades, ice cream stands, restaurants and bars have suffered catastrophic losses to both their physical real estate and their balance sheets. Many will not survive those economic challenges and full recovery will take years. And so the more compelling question is to what extent consumers will be willing to spend $3.50 per gallon to drive to a place that will be offering something less than it did before. How many of us have spent a night in a shore motel or decided at the last moment on a ‘day trip’ for some beach time and a seafood dinner? Or more to the point, how many of us will decide against this until the rich fabric of the shore experience has been restored. Conclusion - All of this tells us that expediting the rebuilding process must be a priority. This is because the net effect of Sandy will be largely determined by the magnitude of shortterm contraction in the shore economy. Mathematically, the projected $4-Billion in reconstruction spending over the next 2 The Race Is On cont. on page 8 NEW! Work from any browser, nothing to install Integrated with underwriters to assign CSL & Policies TITLEDESKTOP™ AccuTitle, LLC • W I N T E R The Race Is On cont. from page 6 2 0 1 3 Ask the Expert years equates to 23% of the $18-Billion shore tourism economy. This suggests that a theoretical 23% in the shore tourism economy over the next 2 years could be offset by projected economic boost from home rebuilding. Admittedly, this is an oversimplified equation that does not account for many factors like the loss of tax revenues, year-round housing demand, migration patterns, seasonal rentals, toll road revenues, local based employment, and so on. Still, the long term effect of Sandy will largely be determined by how quickly the Shore tourism economy gets back on its feet. In other words, the race is on!t JEFFREY G. OTTEAU, President As President of Otteau Valuation Group Mr. Otteau manages all facets of the firm’s business including serving as General Manager of www.otteau.com which is an information provider on real estate trends. Mr. Otteau has provided testimony as an expert witness at the municipal, county and state levels, authored several texts on property valuation techniques and has lectured throughout North America. His practice is concentrated in providing valuation and advisory services to financial institutions, governmental entities, developers, and investors. Widely respected for his knowledge and insight into real estate trends, Mr. Otteau is frequently quoted in the Wall Street Journal and New York Times; has made television appearances on CNBC, Bloomberg and NBC; has been recognized by NJBIZ’s as one of the Most Influential People in the Real Estate Industry for the past 2 years. Dear Expert: We are insuring a conveyance out of an Intestate Estate. Juan Hernandez purchased the property in 1999 individually. His wife Rosalita, lived with him for three years and then returned to Guatemala. They have been estranged ever since. John died in 2011 without leaving a Will. He left 2 daughters and the estranged wife. Rosalita and one of the daughters, Carmelita have renounced their right to Administration. Letters of Administration were issued to the remaining daughter, Mindalita. Is it necessary to have the wife Rosalita (who is still in Guatemala) sign a deed to extinguish any possible possessory interests acquired under NJSA 3B:28-3? Or can I simply rely upon the Administrators Deed. Ayudeme, Por favor Sincerely, South of the Border Dear M. Border: I assume, since you did not make any affirmative statement to the contrary, that the land in question was the residence of the late Juan. If so, the following would apply. The renunciation of the right to have Letters of Administration issued would neither terminate the spouse’s principal matrimonial possessory interest nor her intestate share of the estate. The possessory interest, however, can be released by abandonment. Since Rosalita has returned to Guatemala, it may be assumed that she has abandoned this right. If, and only if, the proposed conveyance is to a bona fide purchaser, I would be willing to insure without further documentation. If, on the other hand, the purchaser is not a “bfp”, please get back to me as there would be numerous other problems. As usual, my opinion may not be shared by your underwriters so you should consult with them and follow their instructions. Cordially, Your Expert 8 A n A g e n t ’s P e r s p e c t i v e - T h e r e ’s a L a w y e r i n t h e R e c o r d R o o m b y G e o r g e A . S t i c k e l , E s q . , C . T. P. How many of you remember the days when the title agent’s involvement in the real estate transaction was limited to countersigning a title binder? The agent was usually a title searcher who prepared an abstract for his attorney client. The attorney would then read the search himself and his secretary would type the preliminary binder (on a form supplied by the agent’s underwriter) showing the vesting of title and the title exceptions. The binder would then need to be signed by the agent on behalf of the underwriter. As a young title searcher, working beside my Dad in the Morris County Clerk’s Office in the 1960’s and 1970’s I recall seeing many attorneys walk into the Record Room (in those days it was called the Searcher’s Vault and was an actual vault with a huge, heavy, combination- locked door which needed to be opened each morning, just like a bank vault). Some attorneys still did their own title searching, but most were there to have a title binder signed by their title agent. It was very unusual in those days for a title agent to have his own office, or if they had an office, they still spent most of their time in the Record Room. I remember the hush that would come over the Vault when an attorney entered. It was as though we were being visited by a dignitary and the “buzz” would circulate that attorney “so and so” was in our midst. I was aware of the respect the searchers exhibited toward the attorneys and knew, somehow, the attorneys were considered “special”. It truly seemed a privilege to be an attorney. T h e Of f i c i a l Pu b l i c a t i o n o f t h e Ne w Je r s e y L a n d Ti t l e A s s o c i a t i o n 9 W I N T E R There were a few attorneys in the Record Room who were “regulars”. Jacob (Jake) Korn was one of the few title agents also an attorney. We all respected Jake for his expertise. And, of course there was the fact that Jake would host the title searchers’ party at the pool in his backyard every summer. Some title searchers were known to drink a little (no!) and after a few years Jake recognized the high liability involved and the parties stopped. We respected Jake even more as a lawyer after that decision. Henry W. Pilch descended from a long line of Morris County attorneys and he was often seen searching in the Record Room. Pilch drove a vintage red sports car. We searchers assumed the Pilch family was wealthy (searchers assumed all lawyers were wealthy) and we could not understand why Henry did not better maintain the auto. Henry often drove year-round with the top down because he refused to pay to have the convertible mechanism fixed. He proudly explained how he solved the problem of his driver’s seat falling backwards by wedging a sawed-off broom stick under the back of the seat. I vividly recall seeing Henry drive out of the parking lot, top down, when the broom handle must have come loose. Henry fell backwards into the rear seat as his sports car careened out of control down the hill on Court Street. Henry quickly recovered, saving himself, the car and nearby pedestrians. Arthur G. Baker was an older lawyer and quite the character. He was affectionately nicknamed Arthur G. (for Jesus) Baker because he often spontaneously quoted Biblical scripture. Although no longer actively practicing law, Art was not averse to accepting a case which caught his fancy. I still remember the dog bite case where Art defended one of the searcher’s dogs. Art encouraged us all to bring our dogs to the municipal court the night of the hearing so that our pooches could serve as character witnesses or, as Art called them, “Amicus Curiae” (friends of the court). The morning of the trial Art bound into the Vault yelling “Amicus Curiae” at the top of his lungs as a rallying cry to remind us to show up at the hearing with our pets. That night there was so much commotion with dogs and their owners (one searcher even brought a pet goat) that the judge dismissed the case just to clear his courtroom. When asked why he did not seem pleased with his victory, Attorney Baker responded, “How can I be 10 2 0 1 3 satisfied? The dog still has a record.” Soon after I passed the Bar I had some legal business in the Morris County Court House. I decided to visit my Dad in the Record Room. As the new young attorney, dressed in a three-piece suit, I half expected a hush to come over the Vault upon my arrival with a buzz circulating that “Attorney Stickel” was in the searchers’ midst. But no, it was only, “Hi, Al, how are you doing?” or “You look good in that suit” or “You here to help your Dad?” I was not considered a dignitary. I was not special. I was just one of the searchers. And, truth be told, I wouldn’t have it any other way.t GEORGE A. STICKEL, ESQ., CTP, is a Third Generation, 40 year veteran of the title industry. He is President of Stickel Title Agency in Pennington, New Jersey. George is Second VicePresident of the NJLTA Board of Governors and a contributing writer to The Advocate. George wishes to thank Danny May, whose fond tribute to “Mickey” Fasano in the December 2010 issue of The Advocate inspired him to express some of his own affectionate remembrances from his days in the Record Room. Welcome to Charm City! various aquarium exhibits. Hope you’re feeling lucky! We have a Casino Night planned with proceeds to benefit TIPAC. Blackjack, roulette and craps tables will surround the aquarium for your gaming pleasure. The fun doesn’t have to end though. If you desire even more adventure, a short water taxi ride will take you to the Fells Point neighborhood where over a 100 bars and restaurants are yours to explore. There is live music every night of the week so bring your dancing shoes! The next morning we will have our general session with the Board of Governors and Agency Section meetings. An ALTA representative will be on hand to offer current industry insights. We will enjoy a comprehensive and fun continuing education program focused on ethics. The afternoon is open for you to explore the city. The Science Museum, Camden Yards and Fort McHenry are all within easy reach. On Sunday June 9, 2013 the NJLTA will open its 91st Annual - Convention in Baltimore’s beautiful Inner Harbor. This is a new venue for the association with much to see and do! The Rennaisance Harbor Place will be our home base. This luxurious 586 room hotel boasts contemporary and elegant rooms that offer an ideal place to unwind after a day in the city. The convention committee had the opportunity to check out the site this fall and all noted the great location and first rate meeting spaces and lounge areas. President Michael Huddleston reported that the gym was first rate following his “early morning workout”. Lovely as the hotel is, the city beckons! Our kick off event will be held at the Baltimore Aquarium. This spectacular venue will play host for our opening cocktail reception and Casino Night. Early arrivals will be treated to exclusive access to the aquarium exhibits. Then it’s onward to our private floor for dinner and cocktails with a tremendous view of the city and access to Our Gala Banquet will truly be something special! We have reserved space at the Baltimore World Trade Center. Perched on the 23rd floor, we will have sweeping views of the city, harbor and bay. Weather permitting we will have cocktails on the patio before dinner and a sumptuous meal high above the city. Of course we will have the installation of new NJLTA officers and dancing as well. Tuesday morning we have breakfast and our second continuing education program focused on the CFPB and settlement related issues. This is a “must see” event hitting on the most critical areas of change facing everyone involved in the real estate settlement process. We will conclude with a photo montage wrap up. We hope you will join us for what we will be a fun and informative meeting. Because Baltimore is such a popular destination we encourage you to book your room and register as early as possible. As an enticement there is a $25.00 discount for everyone if you register for the Convention before April 1, 2013. We look forward to seeing you. Andrew J. Pitman Convention Chairman T h e Of f i c i a l Pu b l i c a t i o n o f t h e Ne w Je r s e y L a n d Ti t l e A s s o c i a t i o n 11 REGISTRATION FORM NJLTA 91st Annual Convention Renaissance Baltimore Harborplace Hotel 202 East Pratt Street, Baltimore, Maryland Sunday, June 9, 2013 through Tuesday, June 11, 2013 Primary Registrant Full Name: ___________________________________________________________________________ Name to Appear on Badge: ______________________________________________________________ Organization: _________________________________________________________________________ Street Address: _______________________________________________________________________ City, State, Zip Code: __________________________________________________________________ Phone: _________________________ E-‐Mail Address: __________________________________ Spouse / Guest Full Name: ___________________________________________________________________________ Name to Appear on Badge: ______________________________________________________________ Gala Dinner Selection Primary Registrant: Black Angus Filet Mignon, Diablo _____ Tournedos of Lemon & Basil Chicken _____ Seafood Imperial – Shrimp, Crabmeat Rockfish Served in a Shell _____ Spouse / Guest: Black Angus Filet Mignon, Diablo _____ Tournedos of Lemon & Basil Chicken _____ Seafood Imperial – Shrimp, Crabmeat Rockfish Served in a Shell _____ 12 Registration Fees* Delegate / Agency / Affiliate Member (After April 1 -‐ $325.00) Non-‐Member (After April 1 -‐ $425.00) Spouse / Guest (Non-‐Industry) (After April 1 -‐ $225.00) Subtotal Total Enclosed _____ @ $300.00 ___________ _____ @ $400.00 ___________ _____ @ $200.00 ___________ ___________ ___________ * Your Registration Fee includes two (2) dinners, two (2) breakfasts, entertainment, four (4) continuing education credits, taxes, gratuities, and much much more! To reserve your room contact Renaissance Baltimore Harborplace Hotel directly at 410-‐547-‐1200. Rooms are $199.00 per night plus taxes, fees, and parking. Be sure to mention you are with the New Jersey Land Title Association to receive this special rate. PLEASE NOTE: Room rate cannot be guaranteed after May 10, 2013. Please make your check payable to: New Jersey Land Title Association (Sorry – credit cards cannot be accepted at this time) Mail to: Stewart Title Guaranty Company Attn: Andrew Pitman 1055 Parsippany Boulevard Parsippany, New Jersey 07054 QUESTIONS: Please contact Andrew Pitman at [email protected] To receive your early bird registration discount, please mail your Registration Form and Fee no later than April 1, 2013 All Registrations must be received by May 24, 2013 13 W I N T E R Postal Power: Where are the Deeds? 2 0 1 3 b y J o s e p h A . G r a b a s & J o h n C . Te n n e s o n The early morning fog lifted slowly from the river, as it often does in the spring. The dockyards and wharves came alive with activity as the great steamships, wallowing in the gentle roll of the incoming tide, were consumed by stevedores, like a crumb being overwhelmed by ants. As they emerged from their homes, the German speaking residents were surprised to see a steady flow of American Doughboys descending steadily upon the waterfront to take possession. President Woodrow Wilson had just declared war against Germany on April 6, 1917, there was surprise and fear within the city known locally as Little Bremen. 22nd Infantry transferred the crews of the Hamburg-American and North German Lloyd lines to Ellis Island, where they were interned. The New York Times reported that instead of waking up to an area cluttered with huge piles of beer kegs, it was suddenly alive with khaki clad soldiers. The kegs were removed and the Superintendents of the yards were forced to empty their homes in preparation for use as officers’ quarters. Military authority reigned supreme over civil authority along “that part of the shore occupied by the big Hamburg American Line and North German Lloyd piers.” The area seized was “the waterfront of the City extending from the foot of Fourth Street to the Northerly boundary of Newark Street and from the Easterly side of River Street to the river. The NY Times Reporters could remain in Manhattan sitting on the docks at 11th Street or at the top of the iconic The New York Times Tower (One Times Square where America has watched the ball drop on New Year’s Eve since 1908) and merely gaze across the Hudson River, watching while the City of Hoboken came under martial law. Under an Act of Congress dated March 28, 1918 (Public No. 169 - 65th Congress) President Wilson was specifically empowered “to acquire the title to the docks, piers, warehouses, wharves and terminal equipment and facilities on the Hudson River now owed by the Hamburg American Line Terminal and Navigation Company, a corporation of the State of New Jersey…Upon the taking over of said property by the President…the title to all such property so taken over shall immediately vest in the United States…” Not until more than a year after the first troops seized the Hoboken waterfront did President Wilson, Under Executive Order No. 1464, signed June 28, 1918, authorize the fee acquisition of the Hoboken waterfront. Another year would pass and the war would end before a “confirmatory conveyance” was recorded in the Hudson County Clerk’s Office on May 2, 1919 memorializing the transfer. A just compensation was paid in the amount of $2,314,877.00 in return for the deed from the Hamburg American Line corporation. In addition to the seizure of the real property, thirty one steamships had been confiscated including the passenger liners Vaterland and Kaiser Wilhem II. The Vaterland was commissioned and renamed the Leviathan by President Wilson on September 6, 1917. She would eventually carry over 119,000 American soldiers to Europe before the armistice was signed on November 11, 1918. The Kaiser Wilhelm II was commissioned in late August 1917 and renamed the Agamemnon. Both Leviathan and Agamemnon served until after the end of the war bringing troops home from Europe. The Germans so dominated the landscape of Hoboken at this time that German was, in fact, the dominant language throughout the city. The German population of Hoboken was so great that the school system, prior to World War I, utilized a bilingual program with all students studying both English and German. One of the reasons for the large German influx into Hoboken was the Hamburg-America Line. In its early years, the Hamburg America Line was the exclusive steamship passenger line connecting North American with most European ports. In October of 1917, the United States Congress enacted the Trading with the Enemy Act, which was created to restrict trade with countries hostile to the United States. It in effect, gave the President the power to oversee or restrict any and all trade between the United States and its enemies in time of war and to seize enemy assets. The Government had taken the piers not only for the purpose of safety, but also to prepare them for use during the War. On April 6, 1917, the First Battalion, 14 Postal Powers cont. on page 15 Postal Powers cont. from page 14 Fast forward to 1931, a small portion of the waterfront acreage is selected as the location for a US Post Office. There was no subdivision deed recorded. (Today it is known as the Frank Sinatra Post Office)(The US Postal Office was created in 1775 by the venerable Benjamin Franklin and under the Postal Clause of Article One of the US Constitution it became the US Post Office Department, with the Postmaster General being a cabinet position and the last person in the US Presidential line of succession.) Forty Years later, after a contentious Postal Strike, President Richard M. Nixon signed the Postal Reorganization Act which eliminated the USPOD, the cabinet position and created the current US Postal Service, an independent agency of the US Government. In so doing, Postal properties and assets were transferred from the United States of America to the USPS. In 1971 there were 42,287 Post offices in the United States. Experience and conventional wisdom as a title searcher and insurer would lead one to believe that a Deed would be recorded from the United States of America to the US Postal Service, for each and every parcel of real property, in the appropriate State/County/Municipal Recorders Office throughout the nation, to provide constructive notice under local laws that the premises had been transferred and vested into the newly created government agency (USPS). Instead, the subsequently notorious Attorney General John Mitchell issued an Opinion Letter on March 25, 1971 allowing for Interagency Transfer Agreements to be used between the GSA and the USPS. Mitchell stated that “the proposed transfer agreements are both authorized and will vest the new Postal Service with power . . . to hold, maintain, sell, lease, or otherwise dispose of such property or any interest therein . . .” Mitchell relied chiefly upon language in Gibbs v. United States, 150 F.2d 504, 508 (4th Cir. 1945) that disregards various State statutes and historic customs for the recording of deeds to memorialize land transfers. These transfer agreements can be found in Federal Register, Vol. 36, No. 173, Part II, September 4, 1971 and can be requested directly from the USPS, the National Archives or found online. This Federal preemption of State real property law results in a break in the chain of title; A deed into the United States of America in 1919 for a large tract of land/waterfront and then a deed out of the US Postal Service sometime in the future for a small corner of a much bigger block. A conveyance that might easily remain unfound due to the implementation of “computerized indexes” and sheer volume of deeds; seriously who wants to run The United States of America for 100 years! This unfortunately is not an isolated occurrence. In 1941, the US Navy established a large Naval Base on the Raritan Bay which would become known as Earle Naval Weapons Depot; since it was again a time of war, the Federal government had to act swiftly through the use of Eminent Domain. The US acquired lands through direct conveyances, Declaration of Takings and Final Judgments in Condemnation. (They physically seized the land long before any of these were recorded) Due to the haste employed, there are numerous breaks in the chains of title recorded in the Monmouth County Clerk’s Office. In many cases the ONLY muniments of title found related thereto, are the Lis Pendens filed in the Condemnation actions; no final deed. (Several years ago it was proposed that all “expired” Lis Pendens (over 5 years old) be removed from the records and destroyed. Quick and knowledgeable action by the NJLTA halted this process and saved those important title muniments and historic documents) In the case of Federal Tax Liens, the Internal Revenue Service can choose to employ a “secret” Levy, Distraint & Seizure Sale pursuant to U.S.C. 26 §6331 et seq, wherein no Lis Pendens or other notice of the sale is recorded. The deed of sale comes from the United States of America or possibly the IRS. A less than diligent recording clerk might fail to index the document under the Debtor’s name, as it is not usually displayed prominently in the granting clause of these unconventional conveyancing documents. Once again the result is a break in the chain of title. When presented with a conveyance into or out of any Governmental Agency, local or federal, special attention needs to be employed by the title examiner. There are specific statutes and regulations concerning government land transactions, which usually require particular types of notice, resolutions and adherence to statutory provisions. In the matter of Postal conveyances, a prudent title examiner should require proof that the proposed conveyance is made in accordance with 39 U.S.C. sec. 401(5) or other applicable statutes or regulations authorizing same. Do not underestimate the power of the federal government to acquire property and convey it without using conventional or customary forms of constructive notice, especially in times of war. As the author has previously noted, often times we must look outside of the County Land Records to find the answers to complex title issues.t T h e Of f i c i a l Pu b l i c a t i o n o f t h e Ne w Je r s e y L a n d Ti t l e A s s o c i a t i o n 15 W I N T E R Who Are You? Who, Who. Who, Who ...Do You Really Want to Know? When asked; “What is title insurance?” one of the examples of coverage can be answered by answering a question with a question; “Do you really know if the person sitting on the other side of the closing table from you is the seller?” Or as a closing agent at a refinance, “Do you really know that the people signing the mortgage documents are who they say there are?” Well, you better make sure before you take that acknowledgment or sign that notarization. As the closing agent or notary, one of the main roles is to verify the signer’s identity. This certifies that the signature can be trusted. Remember the signer must always personally appear before the notary, with proper and satisfactory identification. A Notary should check an ID to look for any signs of tampering and to make sure the information on the ID matches the signer’s information on the document. Any spelling or printing errors in the text on an identification document is a warning sign of possible tampering. While there are usually slight variations between signatures, a significantly different style of writing is a red flag that the person before you may be falsifying their identity. If a photo on an ID seems unusually thick, so much that it sticks out from or distorts the surface of the card, it’s likely that someone has pasted a second photo on top of the original picture. Check if the description on the photo matches the picture. Look for the expiration date if the ID has one and if it has expired ask for an alternative. If there is a birth date on the ID, do the math; if it doesn’t work with the appearance of the signer, something may be wrong. Match the face with the picture. Hair color, hair style, even eye color can be different from the picture and the person sitting with you. Look at the shape of the face; look for a detail like, ears level with eyes. If the Notary suspects the ID has been altered, ask the signer to provide a second form of ID to help verify the information is accurate. Social Security cards and credit cards make good secondary forms of IDs. It is very unlikely that someone using a fake driver’s license will also have a fake credit card or Social Security card. Many foreign IDs are written in other languages and characters which you might not be able to read. If you cannot verify the identity of the signer, you should refuse to perform the notarization and refer the signer to a Notary who speaks their language, or to the signer’s consulate. If you suspect fraud, halt the notarization. In an article posted on the National Notary Association webpage ( http://www.nationalnotary.org ) dated December 6, 2012; “Risk Of Identity Scams In Mortgage Fraud Declining” Ann Fulmer, Vice President of Interthinx Industry Relations, a national risk mitigation company focusing on mortgage fraud and regulatory compliance, stressed the important but not 16 2 0 1 3 by David E. Penque widely recognized role Notaries play in preventing identity fraud. “The Notary’s most important tool for stopping identity theft is their own power of observation” Fulmer said. Fulmer advised Notaries to become very familiar with their state’s security measures and carefully check licenses presented by borrowers to make sure the security elements are present. A Notary with detailed and current knowledge of what the genuine article looks like will have a greatly improved advantage in spotting a fake. “Notaries are one of the last lines of defense against mortgage fraud,” said Fulmer. “By following proper procedures, Notaries can help stem the tide of identity fraud Another handy tool is an identification reference manual, such as the I.D. Checking Guide International Edition: http:// idcheckingguide.com or Commercial Vehicle Safety Alliance: I.D. Checking Guide: http://cvsa.stores.yahoo.net/ichgul.htm or Airlines Reporting Corporation (ARC), ID Checking Guide http://www.arccorp.com/solutions/id-checking-guide-others. jsp. These reference guides can help you spot a fraudulent ID and confirm the original. Remember you are the last in the line of defenses to stop fraudulent signing. Be diligent, be aware, be careful, be ready, be knowledgeable and have the tools that you need.t Advocate on the Move and In The News Hurricane, a/k/a ‘Superstorm’ Sandy, as it has become known, has left much destruction in its path. Individuals and businesses are still piecing their lives back to some type of normal. With that in mind, below are a number of links focused on helping the victims, as well as links providing YOU ways to help the victims of this historic storm: http://www.irs.gov/uac/Newsroom/Tax-Relief-for-Victims-of-Hurricane-Sandy-in-New-Jersey http://www.state.nj.us/treasury/taxation/sandy-relief-+Hurricane Sandy http://www.fema.gov/hurricane-sandy http://www.sba.gov/about-offices-content/1/2462 http://www.redcross.org/hurricane-sandy Please take some time to review the above links which were designed to offer much needed assistance to those in need during the recovery and the rebuilding phases of post-Hurricane Sandy. • Welcome new member! LAND TRANSFER SERVICES, LLC. • Congratulations to Fortune Title Agency, Inc. in Roseland – as the company has been approved as a title agent in Pennsylvania. • Best wishes to Amy Holder, former NJLTA President, on her new position. Amy is now Director, Eastern Region Market Development for RedVision. • Joseph A. Grabas CTP, Director of the Grabas Institute for Continuing Education was recently nominated by New Jersey Governor Chris Christie to be a member of the prestigious Tideland Resource Council. Congratulations, Joe!t T h e Of f i c i a l Pu b l i c a t i o n o f t h e Ne w Je r s e y L a n d Ti t l e A s s o c i a t i o n 17 Chief among the topics discussed at the 2012 ALTA Annual Convention were the Consumer Financial Protection Bureau’s proposed closing forms and the effect of third party agent “vetting” companies on the title industry. More information on ALTA’s Best Practices will be available very soon. Other speakers included keynote speaker Gov. Frank Keating, former Governor of Oklahoma and current CEO of the American Over 700 attendees including underwriters, agents and vendors met for four days at the beautiful Broadmoor Resort in Colorado Springs, CO to hear speakers address these topics and much more. This near record turnout is an especially noteworthy achievement in the current economy. ALTA CEO Michele Korsmo, President Chris Abbinante and President-Elect Frank Pellegrini began the roll-out of ALTA’s Best Practices for agencies and underwriters. This is a major effort in meeting the increased expectations of lenders on the title insurance industry. These Best Practices will be the core of the industry’s response to the perceived need for increased agency verification by lenders. The best news is that many agents are already following most if not all the suggested practices. The biggest difference will be formalizing these policies so that our underwriters can certify to lenders that they are being followed. T h e Of f i c i a l Pu b l i c a t i o n o f t h e Ne w Je r s e y L a n d Ti t l e A s s o c i a t i o n 19 W I N T E R 2 0 1 3 View of the Rockies from the Broadmoor Resort, Colorado Springs, CO Banking Association, who outlined the regulatory challenges to the real estate industry. Attendees also heard presentations from political commentator Ron Brownstein and Fannie Mae Chief Economist Doug Duncan giving a view of the political, regulatory and economic landscape. Mr. Duncan may be familiar to many New Jersey Agents from both prior ALTA and NJLTA appearances. Seminars providing both CE and CLE credits were available with topics including the CFPB proposed closing forms, a proposed model agency contract, negotiating E&O policies, new technology and 1031 Exchanges among the choices. The conference closed with the election of Frank Pellegrini of 20 Prairie Title in Illinois as president for 2012 - 2013. Mr. Pellegrini has served in many capacities at the ALTA in the past including Chair of the Agent & Abstractor Committee. In an address to the conference, he reflected on our challenges, quoting an Italian saying, that “though we cannot change the wind, we can adjust our sails.” Mr. Pellegrini is a personal friend of the author and we can certainly trust him at our helm. Next year’s conference will be held at the famous Breakers Resort in Palm Beach, FL, October 9 - 12, 2013. Don’t miss it as the next several years promise dramatic changes and the ALTA Annual Convention is one of the best opportunities to prepare for them.t Dates to Remember January 2013 20th 6th – 7th • • ALTA Research Abstracter/Agency Committee Meeting Hotel El Con Vento San Juan, Puerto Rico 13th – 15th • ALTA Title Agents Executive Conference Mokara Hotel San Antonio, Texas 16th • Continuing Education Class – “Ethics” New Jersey Land Title Institute Clarion Hotel Toms River, New Jersey 16th • Board of Governors Meeting New Jersey Land Title Association NJLTA – 100 Willowbrook Road Freehold, New Jersey 23rd • NJLTA Agency Section Meeting & FREE CE/CLE Seminar East Windsor Conference Center – Holiday Inn East Windsor, New Jersey 23rd Board of Governors Meeting New Jersey Land Title Association NJLTA – 100 Willowbrook Road Freehold, New Jersey 27th • NJLTA Agency Section Meeting & FREE CE/CLE Seminar East Windsor Conference Center – Holiday Inn East Windsor, New Jersey Freehold, New Jersey MAY 2013 6th – 8th • ALTA Federal Conference Renaissance Hotel Washington, DC 15th • Board of Governors Meeting New Jersey Land Title Association NJLTA – 100 Willowbrook Road Freehold, New Jersey 22nd • NJLTA Agency Section Meeting East Windsor Conference Center – Holiday Inn East Windsor, New Jersey • ALTA Membership Committee Meeting JUNE 2013 MARCH 2013 9th – 11th 13th – 15th • • ALTA Business Strategies Conference Oklahoma City Renaissance Oklahoma City, Oklahoma Annual Meeting and Convention New Jersey Land Title Association Renaissance Baltimore Harborplace Hotel Baltimore, Maryland T h e Of f i c i a l Pu b l i c a t i o n o f t h e Ne w Je r s e y L a n d Ti t l e A s s o c i a t i o n 21 New Jersey Land Title Association Officers Michael Huddleston, CTP, President 732-846-0600 [email protected] The Official Publication of the Ne w Je r s e y L a n d Ti t l e A s s o c i a t i o n Andrew Pitman, First Vice President 973-257-5690 [email protected] George A. Stickel, CTP, Second Vice President 609-737-9377 [email protected] Monmouth Executive Center 100 Willowbrook Road, Building I Freehold, New Jersey 07728 Lisa J. Aubrey, Secretary/Treasurer 732-984-9261 [email protected] Edward C. Eastman, Jr., Exec. Director 732-683-9660 [email protected] Agency Section Management Board Alfred D. Santoro, Jr., CTP, Chair Esquire Title Services, LLC 973-560-0636 [email protected] Cynthia Ward, Vice Chair Trident Abstract Title Agency, LLC 732-431-3134 [email protected] Anthony Floria-Callori, Esq., Secretary Prestige Title Agency 973-239-0101 [email protected] Joseph A. Grabas, CTP Investors Title Agency 732-985-9600 [email protected] George W. Watson, Jr. Royal Title Services, Inc. 973-327-0000 [email protected] Marilyn Henshaw Progressive Title Agency 973-455-1166 [email protected] William Slover, Esq. Province Line Title Agency 609-818-0078 [email protected] Editorial Board Joe Grabas, Editor-in-Chief 732-985-9600 [email protected] N o t a M e m b e r o f t h e N J LTA ? Send in your application, visit http://njlta.org/mastjoin.htm Larry Bell, Front Page 973-257-5690 [email protected] Maureen Crowley-Unsinn, Calendar 732-545-1003 [email protected] Richard L. Eland, Legislative 609-375-2344 [email protected] Amy Holder, Advertising 973.854.9572 [email protected] Nancy Koch, Human Interest 973-541-2400, ext. 12404 [email protected] Linda Martin, Blurbs & Blogs/People in the News 800-792-8888 [email protected] Reach out to over 1,000 industry members! Inquire with Amy Holder at [email protected]. Heather Paich, Photos & Graphics 732-985-9600 [email protected] David Penque, ALTA/Industry News 201-791-4200 [email protected] Policy Andrew Pitman 973-257-5690 [email protected] The views and opinions expressed by the authors of the published articles are those of the authors and NOT his / her employer. Consult your underwirter for specific guidelines. NJLTA makes no endorsement of advertisers, nor takes responsibility for the content of the advertisements.
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