Vermont Bar Association 139th Annual Meeting Seminar Materials. Real Estate Year in Review & Online Resources

Transcription

1 Vermont Bar Association 139th Annual Meeting Seminar Materials Real Estate Year in Review & Online Resources October 13, 2017 Hilton Burlington Burlington, VT Speakers: Benjamin Deppman, Esq. James Knapp, Esq.

2 Some Helpful Websites and Online Resources 2017 Annual Meeting Real Estate Section Part II Benjamin Deppman, Esq. and James Knapp, Esq.

3 Professional Responsibility Vermont Rules of Professional Conduct montrulesofprofessionalconduct.pdf Professional Responsibility Board Manual for Trust Account st_account_manual_ _FINAL_ _REVISED_OCT_2014.pdf Advisory Ethics Opinions ces/aeopinions/advisory%20ethics%20opinions/advisoryethicssite/in DEX.htm

4 VtBar.org Resources Vermont Title Standards nt%20title%20standards/title%20standards%20 % pdf

5 History of Banking Institutions

6 FFIEC.GOV Results of Search

7 US Bank Locations

8 Bankruptcy Cases Pacer

9 Vermont Agency Websites Part 1 Environmental Agency of Natural Resources Atlas

10 ANR Environmental Atlas Layers

11 ANR Environmental Atlas

12 Vermont Environmental (cont) Water Supply and Wastewater Permits Search

13 WW Permit search systems permits

14 UST Permit and Related Information Registering Tanks, management/storage tanks/notification permitting

15 Natural Resources Board Act Decisions: Rules & Regulations:

16 Information on Lead environment/asbestos lead buildings/lead

17 Property Tax Adjustment Calculator owners/property tax adjustment claim

18 IRS Forms and Instructions

19 IRS Applicable Federal Rate

20 Vermont Secretary of State Business organizations database, Uniform Commercial Code Filings, information on business organization filings and fees.

21 Online Land Records Vermont Town Clerk Portal

22 More Online Land Records

23 Finding Dead People Sources for Death Indexes

24 Legislative Development in the first year of the biennium Act No. 7 Act 23 Act 24 Act relating to fees and costs allowed at Tax Sale Human Services (Ombudsman) AND vulnerable adults financial exploitation An act relating to clarifying ambiguities relating to real estate titles and conveyances This act allows towns to recoup the expenses actually and reasonably incurred by the town in securing a property for which property taxes are delinquent against illegal activity and fire hazards. (This Act) [It] also creates a new private right of action for a vulnerable adult who has been the victim of financial exploitation. An act relating to clarifying ambiguities relating to real estate titles and 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 mortgage to be 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 notice or memorandum of lease to be witnessed. Sec. 4 amends 27 V.S.A to provide that the failure to record a floor plan under the State s previous statutory scheme for condominiums does not constitute a defect in marketable title if more than 15 years has passed since the declaration of condominium for the condominium development was recorded. Sec. 5 adds 14 V.S.A 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 property 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 certain powers of attorney from the

25 Act 46 Act 69 An act relating to vital records An act relating to promoting economic development requirement that an agent accept appointment. Generally regulates all matters related to the collection, maintenance and publication of vital records. AS of July 1, BIRTH AND DEATH CERTIFICATES; COPIES; INSPECTION (c)(2) Legal effect. A noncertified copy of a birth or death certificate shall not serve as prima facie evidence of the facts stated therein, except that it may be recorded in the land records of a municipality to establish the date of birth or death of a person with an ownership interest in property. Section G.1 creates a study committee to inform the legislature how financial technology tools, e.g. blockchain, may impact economic development in Vermont Proposed legislation Bills pending that may be taken up in 2018 legislature H.526 An Act relating to regulating notaries public Pending in the Senate Committee on Rules (passed the House in 2017 session) 1. Moves the regulation of notaries to the Secretary of State Office of Professional Regulation 2. Creates a new process for applying to become a notary public 3. Establishes additional requirements to qualify as a notary, including taking and passing a test (test requirement will not apply to attorneys) 4. Provides for regulation of conduct of Notary by the Secretary of State 5. Specifies requirements for taking acknowledgments including specifying requirements for proof of identity 6. Creates a standard form for acknowledgements. 7. Provides authorization and framework for electronic notarial acts