Virginia State Bar

An agency of the Supreme Court of Virginia

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Real Property

A Section of the Virginia State Bar.

Recent Developments

United States Supreme Court rules that Notice of Tax Lien filed against single spouse will attach to real estate owned as tenants by the entirety. United States v. Craft, 535 U.S. ___ (April 17, 2002)

FDIC posts Guidance on Avoiding Violations of the Spousal Signature Provisions of Regulation B - February 4, 2002 - FIL-9-2002

The IRS has posted a revised Form W-9 (Rev. January 2002) and Instructions for the Requester of Form W-9 to its website. Both show the reductions in the backup withholding rates, and the 4 page Instructions has a section on "Electronic Submission of Forms W-9".
Form W-9 (Rev. January 2002) Request for Taxpayer Identification Number and Certification
Instructions for the Requester of Form W-9 (Rev. January 2002)

Wise County Building Office on the Verge of e-Government Revolution

An online system allowing contractors and homeowners to apply for, receive and pay for building permits over the Internet is expected to be up and running this New Year with the use of web portal e-Permits in Wise County.
Wise County Building & Zoning Inspector Robert Mullins is leading the developing on-line permitting, or "e-permit," Web sites that will allow contractors and homeowners to obtain permits by purchasing them straight from their own computers.

October issue of Virginia Lawyer dedicated to internet issues:

Features:
Research Resources for Practitioners—It’s a New World by Donna Bausch
An Overview of Five Internet Legal Research Alternatives to Westlaw and LexisNexis by Alyssa Altshuler
Business Research Strategy Using Free Web-Based Business Information Resources by Karen M. King
Researching Medical Literature on the Internet by Gloria Miccioli
Computing Efficiencies, Computing Proficiencies and Advanced Legal Technologies by Roger V. Skalbeck
A lawyer goes online . . . by Mary Dessypris

Wednesday, September 26, 2001, The Veterans Benefits Administration issued Circular 26-01-10 advising lenders of the benefits to armed services personnel available under the Soldiers and Sailors Civil Relief Act, http://www.alta.org/govt/issues/01/va26_01_10.pdf

Monday, September 24, 2001, Secretary Martinez and Secretary of Defense Donald H. Rumsfeld announced that all Reservists and members of the National Guard called to active duty would receive a cut in their home loan interest rates to no more than 6%, http://www.hud.gov/news/release.cfm?content=pr01-083.cfm

Sunday, September 23, 2001, President Bush issues Executive Order to block property and prohibit transactions with Persons who commit, threaten to commit, or support terrorism. http://www.fdic.gov/news/news/financial/2001/fil0185b.html

Friday, September 14, 2001, The Veterans Benefits Administration requested forbearance for distressed borrowers and a 90-day moratorium on foreclosures resulting from those attacks http://www.alta.org/govt/issues/01/va26_01_9.pdf

Thursday, September 13, 2001, Secretary of Housing and Urban Development Secretary Mel Martinez announced that he would direct all FHA approved lenders to provide relief to families with FHA-insured mortgages affected by the attacks http://www.hud.gov/news/release.cfm?content=pr01-082.cfm

Wednesday, December 27, 2000, IRS
1099 Reporting on ALL sums paid to attorneys deferred http://www.fedworld.gov/pub/irs-drop/n-01-7.pdf

Tuesday, September 28, 2000, Dirt Discussion Group
Discussion begins "Does E-Sign Repeal the Statute of Frauds"

Monday, September 18, 2000, Roanoke Times
Wise County offers 'e-filing' and access to court records online Clerk's office blazes electronic trail
http://www.roanoke.com/roatimes/news/story99716.html

Saturday, Sept. 2, 2000, Richmond Times Dispatch
Wise guy pitches Web weddings
http://www.timesdispatch.com/virginia/wise02.shtml (no longer active)
http://www.courtbar.org/marry.htm

DIT Digital Signature Pilot Program
http://www.dit.state.va.us/security/digsig/index.cfm

Federal E-signature Bill May Impact State Courts
VA 717003 News Story JUL 17, 2000 15 VLW 152
http://207.79.145.14/archives/va/00/717003.htm

UCITA Online
http://www.ucitaonline.com/

UETA Online
http://www.uetaonline.com/

Virginia enacted UETA during the 2000 General Assembly - Uniform Electronic Transactions Act
http://leg1.state.va.us/cgi-bin/legp504.exe?001+ful+HB499ER

Virginia also enacted UCITA during the 2000 Assembly - Uniform Computer Information Transactions Act
http://leg1.state.va.us/cgi-bin/legp504.exe?001+ful+HB561ER and also
http://leg1.state.va.us/cgi-bin/legp504.exe?001+ful+SB372ER

The Electronic Signatures in Global and National Commerce Act, S. 761 (E-SIGN), with an effective date of October 1, 2000, was adopted by the United States Congress on June 16, 2000 and signed by the President June 30, 2000 (electronically!)
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=106_cong_bills&docid=f:s761enr.txt.pdf