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.
Some Helpful Websites and Online Resources 2017 Annual Meeting Real Estate Section Part II Benjamin Deppman, Esq. and James Knapp, Esq.
Professional Responsibility Vermont Rules of Professional Conduct https://www.vermontjudiciary.org/sites/default/files/documents/ver montrulesofprofessionalconduct.pdf Professional Responsibility Board Manual for Trust Account https://www.vermontjudiciary.org/sites/default/files/documents/tru st_account_manual_ _FINAL_ _REVISED_OCT_2014.pdf Advisory Ethics Opinions https://www.vtbar.org/userfiles/files/webpages/attorney%20resour ces/aeopinions/advisory%20ethics%20opinions/advisoryethicssite/in DEX.htm
VtBar.org Resources Vermont Title Standards https://www.vtbar.org/userfiles/files/practices%20resources/vermo nt%20title%20standards/title%20standards%20 %202016.pdf
History of Banking Institutions https://www.ffiec.gov/nicpubweb/nicweb/nichome.aspx
FFIEC.GOV Results of Search
US Bank Locations http://www.usbanklocations.com/
Bankruptcy Cases Pacer Https://www.pacer.gov/
Vermont Agency Websites Part 1 Environmental Agency of Natural Resources Atlas https://anrmaps.vermont.gov/websites/anra5/default.html
ANR Environmental Atlas Layers
ANR Environmental Atlas
Vermont Environmental (cont) Water Supply and Wastewater Permits Search https://anrweb.vt.gov/dec/wwdocs/default.aspx
WW Permit search http://dec.vermont.gov/water/forms/ww systems permits
UST Permit and Related Information Registering Tanks, http://dec.vermont.gov/waste management/storage tanks/notification permitting
Natural Resources Board Act 250 http://nrb.vermont.gov/ Decisions: http://nrb.vermont.gov/decisions Rules & Regulations: http://nrb.vermont.gov/regulations
Information on Lead http://www.healthvermont.gov/health environment/asbestos lead buildings/lead
Property Tax Adjustment Calculator http://tax.vermont.gov/property owners/property tax adjustment claim
IRS Forms and Instructions https://apps.irs.gov/app/picklist/list/formspublications.html
IRS Applicable Federal Rate https://apps.irs.gov/app/picklist/list/federalrates.html
Vermont Secretary of State Business organizations database, Uniform Commercial Code Filings, information on business organization filings and fees. https://www.sec.state.vt.us/
Online Land Records Vermont Town Clerk Portal Http://cotthosting.com/vtportal/User/Login.aspx?ReturnUrl=%2fvtportal%2f
More Online Land Records https://i2d.uslandrecords.com/vt/
Finding Dead People Sources for Death Indexes http://www.deathindexes.com/ssdi.html
Legislative Development in the first year of the 2017-2018 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. 1313 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. 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 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
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, 2018 5016. 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