Uniform Law Commission RPTE Projects Winter 2023 Update
insurability of title can be preserved. While some states have already taken action to allow the removal of unlawful restrictions, the uniform act includes a straightforward procedure for removing restrictions that are discovered in the land records of condominiums, co-ops, and planned communities, which sets it apart from other state-level legislation. Drafting Committees:
Newly-Approved Acts:
Mortgage Modifications. A drafting committee aims to resolve uncertainty and inconsistency in the current law on mortgage modifications. The new act will aim to clarify the types of mortgage modifications that can be made without modifying the priority of junior and senior lienholders, specify which types of modification require documentation in public land records, and decrease the delays that are often associated with modifying a mortgage. By clarifying the law on mortgage modifications, this draft act strives to reduce the number of foreclosures and facilitate cooperation between lenders and borrowers. This new act will not be approved before summer 2024.
Uniform Unlawful Restrictions in Land Records Act. This new act creates a process for property owners to record an amendment that effectively removes a discriminatory restrictive covenant from the deed to their property. The act does not allow the physical removal, redaction, or modification of any records in the chain of title so that the historical records and
Redaction of Personal Information from Public Records. In 2020, a New Jersey federal judge’s husband and son were shot at their front door by a disgruntled former litigant who targeted the judge’s family by getting her home address from public records. In the wake of this horrific act of violence, states have begun to pass legislation allowing personal information of
By Jane Sternecky1 Below is a summary of Uniform Law Commission projects that may be of interest to members of the ABA Section on Real Property, Trust and Estate Law. Real Property
Published in eReport, Fall 2023 / Winter 2024 © 2023-2024 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.
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