Monday, May 10, 2010

Updates on bills passed

S. 173, the technical corrections bill to the Vermont Trust Code was signed by the governor on May 7, 2010. The final bill can be read here:
http://www.leg.state.vt.us/docs/2010/bills/Passed/S-173.pdf
H.590, the foreclosure mediation bill contains language taken from H. 476, introduced but not acted upon. Here is the statement of purpose of that bill which now appears as Sections 6-11 in H. 590:
Statement of purpose: This bill proposes a number of changes related to the
laws governing real property. The bill proposes to:
(1) clarify that a power of attorney with respect to a real estate transaction
that is validly executed in another state is also valid in Vermont;
(2) add proper witnessing to the list of defects that is cured if an instrument
has been recorded for at least 15 years;
(3) codify the Vermont supreme court’s decision in Nelson v. Russo, 956
A.2d 1117 (2008), that in order to renew a court judgment, a plaintiff must file
a new and independent action instead of seeking to reopen the original action;
(4) require that recording of a copy of the complaint in actions to foreclose
judgment liens be in order for the action to extend the duration of the lien; and
(5) establish a 15-year limitations period after which enforcement actions
or other proceedings may not be brought relating to the failure to obtain or
comply with the terms or conditions of required highway permits, including
so-called “curb cut permits.”

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