Consumer Financial Protection Bureau: RESPA Video Replay–NYSBA CLE

TILA & the New Rules  Video Replay

Tuesday, February 16, 2016 

12:00 p.m. – 2:00 p.m.

  

 Online Video Replay

This program is a video replay of a previous live presentation.

Note: Newly admitted attorneys (less than 24 months) CANreceive MCLE credit for this video replay program.

*Please note this video replay is not included in the CLE Bundling Discount.

  

Including a Real Time Interactive Q&A Session with featured speaker Paul Bugoni from2:00 p.m. – 2:30 p.m.  

Please note: you may submit questions using the Q&A tab at any time during the Video Replay. 

  

2.0 MCLE Credits:  2.0 Professional Practice 

For more than 30 years, Federal law has required lenders to provide two different disclosure forms to consumers applying for a mortgage. The law also has generally required two different forms at or shortly before closing on the loan. As of October 3rd the Dodd-Frank Act has directed the Consumer Financial Protection Bureau to integrate the mortgage loan disclosures under TILA and RESPA sections 4 and 5. Join our expert speaker as he discusses every detail about what you need to be up to date on the forms and changes. 

  

Who Should Attend:  

Real Estate Attorneys. Attorneys who participate in closing and those who handle TILA and RESPA. 

Featured Speaker

Paul Bugoni, Vice President, Agency Underwriting Counsel & Agency Services Representative, Stewart Title Insurance Company, New York, NY

Learn More & Register Today!

NYSBA Member $75 

Non-Member $175

This program is offered for educational purposes only. The views and opinions of the faculty expressed during this program are those of the presenters and authors of the materials and not those of the New York State Bar Association.

Related articles

Lands and Forests Emergency, Proposed & Recently Adopted Regulations – NYS Dept. of Environmental Conservation

NYS DEC Accepting Comments on Proposed Changes to Conservation Easement Regulations

by Patricia Salkin

The NYS DEC will take comments through February 13, 2016 on proposed changes to the Conservation Easement Regulations – NYCRR Part 529. The purpose of the proposed new regulations is to provide standards and a procedure for DEC staff to utilize when modifying or extinguishing a conservation easement administered by the Department. The proposed new standards and procedures are as follows:

  1. a) The standards for the modification of a DEC conservation easement include:
  2. A modification of a DEC conservation easement, other than a modification to the stated purpose(s) as set forth in a DEC conservation easement, must not alter, and must be consistent with, the stated purpose(s) of the DEC conservation easement; and
  3. A modification of a DEC conservation easement must not affect the perpetual nature of the DEC conservation easement; and
  4. The modification must comply with all other existing policies, laws or regulations, including the specific requirements of the provisions of ECL section 49-0307, in effect at the time of the modification; and
  5. The proposed modification of a DEC conservation easement shall not result in any net loss of benefits to the state, as determined by the department in its sole discretion, including: consideration of any change in the level of public recreational opportunities or any change to the limitations or restrictions on the development, management or use of the property, or any other real property owned by or under the control of the grantor, for the purpose of preserving or maintaining the scenic, open, historic, archaeological, architectural, or natural condition, character, significance or amenities of the area where the property is located in a manner consistent with the public policy and purpose set forth in ECL section 49-0301.

(b) The standard for the modification of the purpose(s) or the extinguishment of a DEC conservation easement shall require a finding by the department that the DEC conservation easement can no longer substantially accomplish its original purpose(s) or any of the purposes set forth in the ECL section 49-0301.

Section 592.4 Procedures

The Department must comply with the following procedures for the modification or the extinguishment of a DEC conservation easement.

(a) Written notice to grantor and entities entitled to third party enforcement rights. The department must provide written notice of the proposed modification or extinguishment of a DEC conservation easement to the grantor and entities designated in the DEC conservation easement as having third party enforcement rights by certified mail, return receipt requested to the address on file with the department for the respective entities; and

(b) Public notice, comment period, non-adjudicatory hearing.

 

  1. Public Notice.
  2. For modification only of DEC conservation easement. The department must publish public notice in the ENB of the department’s intent to modify a DEC conservation easement including a general summary of the proposed modification(s) and the opportunity for the public to submit written public comments to the department. The public comment period shall begin on the date the notice of the public comment period appears in the ENB; or
  3. For modification to the purpose(s) or extinguishment of DEC conservation easement. The department must publish public notice of its intent to modify the purpose(s) or extinguish a DEC conservation easement in the State Register, the ENB and in a newspaper having a general circulation in the county where the property is located. The public notice shall include the facts supporting a finding that the DEC conservation easement can no longer substantially accomplish its original purpose(s) or any of the purposes set forth in the ECL section 49-0301 and the date of a non-adjudicatory hearing to be held at least thirty (30) calendar days after the date of the publication.
  4. Public comment period. The department must provide for a public comment period for thirty (30) calendar days to accept public comments related to the proposed modification to, or extinguishment of, a DEC conservation easement. The department may provide for the receipt of public comment through the use of meetings, exchanges of written material, or other means during the public comment period.
  5. Non-adjudicatory public hearing. For proposals which include the modification of the purpose(s) or extinguishment of a DEC conservation easement, the department must conduct a non-adjudicatory public hearing to be held during the public comment period to provide the public with an opportunity to be heard on the modification of the purpose(s) or the extinguishment of a DEC conservation easement.

(c) Commissioner’s determination only for modification to the purpose(s) or extinguishment of DEC conservation easement.

  1. For any proposed modification to the purpose(s) or the extinguishment of a DEC conservation easement, the Commissioner must make a written determination that the conservation easement can no longer substantially accomplish its original purposes. The proposed modificaton to the purpose(s) or extinguishment of a DEC conservation easement following closure of the public comment period, shall consider the following reasons in support of the determination: (1) why the DEC conservation easement can no longer substantially accomplish its original purpose(s) or any of the purposes set forth in ECL section 49-0301, and determine if it should therefore be extinguished or modified; (2) if modified, the proposed modification to the purpose(s) set forth in the DEC conservation easement will comply with the requirements of section 592.3 of this Part and be consistent with the policies and objectives set forth in ECL section 49-0301; and (3) if a DEC conservation easement is modified or extinguished pursuant to this Part, it shall be set forth in an instrument which complies with the requirements of ECL section 49-0305.
  2. The Commissioner must publish the determination and a summary of the determination in the ENB. The recording of a deed or other conveyance document in the county clerk’s office where the DEC conservation easement is located must be filed no earlier than one hundred twenty (120) calendar days after the notice of the Commissioner’s determination appears in the ENB.

Comments may be sent to:

Jim Sessions, Forester

Division of Lands and Forests

625 Broadway

Albany, NY 12233-4250

ConservationEasements@dec.ny.gov

 

For more information see: http://www.dec.ny.gov/regulations/2359.html

Revised NYS Bulk Storage Regulations – Webinar Update

Update – Public Webinars on Revised New York State Bulk Storage Regulations  – Next Webinar February 1, 2016

New York State Department of Environmental Conservation (DEC) issued new petroleum and chemical bulk storage regulations that became effective October 11, 2015.

DEC hosted a webinar on November 23, 2015 that provided an overview of the Petroleum Bulk Storage (PBS) regulations.  DEC hosted a second webinar on January 11, 2016 that focused on the requirements for Underground Storage Tanks regulated under 6 NYCRR Subpart 613-2.  A file of the presentation and a link to the recording of the webinar are now available on DEC’s Revised Bulk Storage Regulations Webinar Page. 

The third webinar in the series will be held on February 1, 2016 and will focus on the requirements for Underground Storage Tanks regulated under 6 NYCRR Subpart 613-3.  Details and login information are also available on DEC’s Bulk Storage Webinar Page

A Future webinar will focus on requirements on tanks regulated under Subpart 613-4.

Lawyer’s Manual on Domestic Violence–1st Dept.

Below is a link to a recent publication of the First Department and the NYS Judicial Committee on Women in the Courts entitled “Lawyer’s Manual on Domestic Violence, Representing the Victim” that you might find helpful.

 

http://www.nycourts.gov/IP/womeninthecourts/pdfs/DV-Lawyers-Manual-Book.pdf

 

IRS Extends Due Dates for 1095’s

This week the IRS extended the due dates for new health care information reporting forms in 2016. Insurers, self-insuring employers, other coverage providers, and applicable large employers now have additional time to provide health coverage information for 2015 to individual taxpayers and the IRS. The IRS is prepared to accept filings of the information returns beginning in January 2016. However, providers and certain employers must now furnish individuals with either Form 1095-B or 1095-C by March 31, 2016. While the due dates for issuers filing these forms and the associated Form 1094 with the IRS are May 31, 2016, for paper filers and June 30, 2016, for electronic filers, employers and other coverage providers are encouraged to furnish statements and file the information returns as soon as they are ready.  

    • ue to these extensions, some individual taxpayers may not receive a Form 1095-B or Form 1095-C by the time they are ready to file their 2015 tax returns. 
    • While these forms may assist in preparing a return, they are not required. 
    • Like last year, taxpayers can prepare and file their returns using other information about their health insurance.  
    • Individuals do not have to wait for their Forms 1095-B or 1095-C to file.

The IRS has not extended the due dates for Health Insurance Marketplaces to issue Form 1095-A. Individuals who enrolled for coverage through the Marketplace should receive Form 1095-A by Feb. 1, 2016, and should wait to file their returns until they receive Form 1095-A.

The IRS has posted a set of questions and answers that introduce the new Forms 1095-B and 1095-C. The questions and answers explain who should expect to receive the forms, how they can be used, and how to file with or without the forms.

Related articles

Press Release – FAA Announces Small UAS (Drone) Registration Rule

The U.S. Department of Transportation‘s Federal Aviation Administration (FAA) today announced a streamlined and user-friendly web-based aircraft registration process for owners of small unmanned aircraft (UAS) weighing more than 0.55 pounds (250 grams) and less than 55 pounds (approx. 25 kilograms) including payloads such as on-board cameras.

***

Registration is a statutory requirement that applies to all aircraft.  Under this rule, any owner of a small UAS who has previously operated an unmanned aircraft exclusively as a model aircraft prior to December 21, 2015, must register no later than February 19, 2016. Owners of any other UAS purchased for use as a model aircraft after December 21, 2015 must register before the first flight outdoors. Owners may use either the paper-based process or the new streamlined, web-based system.  Owners using the new streamlined web-based system must be at least 13 years old to register.

Owners may register through a web-based system at www.faa.gov/uas/registration

***

Related articles

Open Source “Baby Blue” Project Could Finally Kill the Bluebook

Lisa Needham reports:

***

The latest turn came this month when open-records activist Carl Malamud tweeted about the coming release of “Baby Blue,” 

the name that he and his project partner New York University law professor Christopher Sprigman are calling their rival guide.

Read entire report here.

See Comment by

Frank Bennett  3 hours ago

Please note that a platform able to generate correct citations to legal materials – across multiple jurisdictions – already exists. https://juris-m.github.io 

Juris-M is a third-party project that leverages the Zotero code base, and like Zotero it supports context-sensitive formatting of citations in word-processed documents. I salute the “Baby Blue” project, and look forward to supporting the new guide in Juris-M.

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