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Blogs

Can the Government Acquire Property by Adverse Possession?
by Robert Franco | 2017/10/08

In Ohio, you can acquire legal title to another's real property if you prove exclusive possession and open, notorious, continuous, and adverse use for a period of 21 years. But, the general rule is that you cannot adversely possess property against the state.  So, when a friend here in Ohio emailed me this very interesting question, my first thought was "sure... I think so, if all of the elements are met, why not?"  But, the Fifth Amendment to the U.S. Constitution provides that private property shall not be taken "without just compensation." Does that rule out the possibility that the government can take title by adverse possession -- without going through the process of a condemnation proceeding and paying just compensation? Hmmm... it really is an interesting question.

[read more...]

Categories: Adverse Possession, Inverse Condemnation, Real Estate Law

Source of Title Blog :: 0 comments ::

Positive Changes in Ohio's Budget Bill: Recording Fee Hike Nixed, and more...
by Robert Franco | 2017/06/28

Ohio House Bill 49, the FY 2018-2019 Operating Budget, is headed to the Governor's office with a couple of significant, and positive changes. As I blogged a couple of months ago, they tried to sneak a massive increase in recording fees into the budget bill - changing to a flat-fee structure. That entire proposal has been nixed. And, the Good Funds Law is getting a much needed update to increase cash and cashier check limits.  

[read more...]

Categories: Escrow/Funding, Ohio Legislation

Source of Title Blog :: 0 comments ::

My First Experience with Inverse Condemnation
by Robert Franco | 2017/06/25

Last week I wrote about inverse condemnation: The Supreme Court of Virginia Examines the Limits of Inverse Condemnation.  It reminded me of a client I had shortly after I started practicing law, Yetieve.  She was in her late 70's and she was taking care of her husband who had dementia.  The last thing she needed was to be forced from her home, but after an unfortunate series of events they had to move. A corner of her home was sinking into a 12 foot deep crater and the roof was starting to crack -- it wasn't safe to stay there.  What had caused it, and who was responsible?  Well, that is an interesting story. 

[read more...]

Categories: Inverse Condemnation

Source of Title Blog :: 1 comments ::

BRASS Services is going out of business after years of service....
by William Pattison | 2017/06/19

Brass services is dissolving as a business as of the date of this entry. This is due to the death of our majority shareholder, Shane Mohler, who has been going through some serious health problems the last few years. His wife Jennifer felt that BRASS was Shane's business and should end with him.

[read more...]

William Pattison 's Blog :: 3 comments ::

A Time-Saving Title Search Tool?
by Robert Franco | 2017/05/29

There really haven't been many advances in title searching in a couple of decades - not since the book indices were replaced by computers.  Even then, it's arguable whether that was really an improvement.  I'm old-school -- I prefer the books.  I think it was quicker to search a name in the books, particularly when it was a common name, or one susceptible of several spelling variations.  Sure, the digitization of the records has made it easier to remotely access the records, but has it really changed the way we search? 

[read more...]

Categories: Abstractors, Innovation, Technology

Source of Title Blog :: 3 comments ::

Confirmed... The Ohio Good Funds Law is Harming Consumers
by Robert Franco | 2017/05/17

A few days ago I wrote a blog about wire fraud.  I commented that those responsible for the change in our good funds law were at least partially to blame for innocent consumers getting conned out of their life savings.  Well, yesterday a local ABC news station has confirmed that I was right.

[read more...]

Categories: Crime, Ohio Legislation

Source of Title Blog :: 3 comments ::

Email Fraud in Real Estate Transactions is on the Rise
by Robert Franco | 2017/05/14

A scheme that targets real estate transactions can be devastating to potential homebuyers.  Such scams are on the rise and changes intended to protect settlement professionals may have made matters worse for many innocent, unsuspecting consumers.

[read more...]

Categories: Crime, Escrow/Funding, Legislation, Ohio Legislation, Risk, Liability and Claims, Title Industry

Source of Title Blog :: 2 comments ::

The Ohio House Sneaks a Massive Recording Fee Increase into the New Budget Bill
by Robert Franco | 2017/04/25

It was kept relatively quiet, though rumors have been circulating for a few weeks. Today the Ohio House of Representatives introduced a substitute budget bill that includes a massive increase in recording fees. Some documents will cost more than double if this version of the budget passes.  

[read more...]

Categories: Ohio Legislation, Public Records, Title Industry

Source of Title Blog :: 0 comments ::

Is Notice by Certified Mail Worth the Cost?
by Robert Franco | 2017/04/03

Certified mail is the most common form of notice required by law. It is intended to provide some assurance that notice is actually provided by getting the recipients signature acknowledging receipt.  But, is it really all that effective? More importantly, is it really worth the cost?  The Ohio legislature seems to believe that there is a better way to provide notice in some circumstances.

[read more...]

Categories: Ohio Legislation

Source of Title Blog :: 1 comments ::

Ohio House Bill Introduced to Regulate Solicitation of Deeds
by Robert Franco | 2017/03/22

The "Deed Scam" was discussed here on Source of Title more than a decade ago, and it hasn't gone away.  It refers to the official looking letter that warns you that you need a certified copy of your deed and then offers to get it for you... for $70.00, or more.  Considering I can get a certified copy for about $6.00 at the court house, I have always felt that this was nothing but a scam.  And, I'm not alone. 

[read more...]

Categories: Consumer Advocacy, Crime, Ohio Legislation

Source of Title Blog :: 3 comments ::

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Delinquencies Up in MBA's National Delinquency Survey for Q3 2017
The delinquency rate for mortgage loans on one-to-four-unit residential properties increased to a seasonally adjusted ra...
ALTA Statement on Richard Cordray Stepping Down as CFPB Director
The American Land Title Association (ALTA), the national trade association of the land title insurance industry, issued ...
As House Passes Middle-Class Tax Increase, Realtors® Say Their Work is Just Getting Started
The House of Representatives today passed H.R. 1, the “Tax Cuts and Jobs Act,” a bill National Association o...
Pavaso Partners with eOriginal to Complete the Final Step of True Digital Mortgage
Pavaso, Inc., a provider of digital closing and collaboration solutions for the mortgage and real estate lifecycle, toda...
Realtors Rejoice! Comprehensive Product Library Now Available to All.
Today’s real estate professional has thousands of choices when it comes to marketing and technology apps, tools an...

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