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Tuesdays with Mary

Tuesdays With Mary: Trust Is Infrastructure, Too

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Tuesdays with Mary
Tuesday, June 23, 2026

In my last America 250 post, I wrote about Fletcher v. Peck, the 1810 Supreme Court case that emerged from the Yazoo Land Scandal. The Court's decision established an important principle; governments could not simply revoke property rights that had already been granted.

One of the takeaways from Fletcher v. Peck is that America had to build legal infrastructure before it could fully benefit from physical infrastructure.  The Supreme Court's decision helped establish confidence in property rights and contracts. It reinforced the idea that ownership could survive changing political winds and that rights conveyed by government grants could not simply be revoked after the fact.

For a young country trying to attract settlers, investment, and commerce, that kind of certainty mattered.

But certainty alone doesn't create value.  Access does too.

Just fifteen years after Fletcher v. Peck, New York completed the Erie Canal; which is widely regarded as America’s first major infrastructure project. It connected the Hudson River to Lake Erie, dramatically lowering transportation costs and opening new markets across the growing nation.

The canal didn't create ownership rights along its path; it made those rights more valuable.  Land that had once been distant from major markets suddenly became connected to them. Farmers gained access to customers. Communities gained access to trade. Investors gained access to opportunity.

The pattern would repeat itself throughout the evolution of American history.

Railroads changed the value of land.  In some cases, railroads were financed with land itself. The federal government granted millions of acres along proposed routes, betting that the railroad would increase the value of surrounding property. The strategy worked. As access improved, land values rose, more settlers arrived, and the railroads sold portions of their holdings to help fund construction.

Railroads also left behind some of the most enduring title questions in American history. More than a century after many rights-of-way were established, courts are still sorting out whether certain rail corridors were owned outright or held as easements. Infrastructure may create value, but it can also create title issues that last for generations.

Ports connected regions to global trade. Farm-to-market roads, highways, and eventually the Interstate System connected people, goods, and opportunity on an entirely different scale.

Today, data centers, logistics hubs, broadband networks, and energy infrastructure continue to influence where investment flows and where property values rise (or fall).

The Erie Canal reminds us that physical infrastructure does more than move people and goods. It changes the economic relationship between places. It alters what land is worth.

As America approaches its 250th anniversary, it's worth remembering that the country's growth depended on both forms of infrastructure.  The legal infrastructure that allowed people to trust the system.  And the physical infrastructure that connected people to opportunity.  Together, they helped shape the American property market we know today.

Until Next Time,

Mary Schuster
Chief Knowledge Officer
October Research, LLC

PS: I hope you enjoyed last week’s America 250 installment from our publisher Erica Meyer. She agreed to pinch hit so Dan and I could elope. It was time to make honest dogs out of Grace and Shelby.

 

 

 
Click here for more Tuesdays with Mary
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12 USC Section 2605 or Section 6 is titled Servicing of mortgage loans and administration of escrow accounts. It pertains to qualified written requests, notices of transfer of servicing and the administration of escrow accounts.
An arrangement that involves a person who is in a position to refer business as part of a real estate settlement service and who has an interest in a settlement services provider.

In the arrangement, the person, who has either an affiliate relationship with or a direct or beneficial ownership interest of more than one percent in a settlement services provider, directly or indirectly refers business to that provider or influences a consumer to select that provider.
An arrangement that involves a person who is in a position to refer business as part of a real estate settlement service and who has an interest in a settlement services provider.

In the arrangement, the person, who has either an affiliate relationship with or a direct or beneficial ownership interest of more than one percent in a settlement services provider, directly or indirectly refers business to that provider or influences a consumer to select that provider.
A mortgage disclosure that lists all estimated charges and fees associated with your loan. In addition to fees and charges, it will list your loan amount, mortgage rate, loan term and estimated monthly payment. Your escrows due at closing for insurance and taxes will also be outlined. Mortgage lenders are legally required to provide a GFE within three days of receiving your application.
A mortgage disclosure that lists all estimated charges and fees associated with your loan. In addition to fees and charges, it will list your loan amount, mortgage rate, loan term and estimated monthly payment. Your escrows due at closing for insurance and taxes will also be outlined. Mortgage lenders are legally required to provide a GFE within three days of receiving your application.
Under RESPA Section 2605(e)(1)(B), a qualified written request is a written correspondence that includes: 1) the name and account of the borrower, or has enough information to allow the servicer identify that information; and 2) a statement of the reasons for the belief of the borrower that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower.

A QWR cannot be written on a payment coupon or other payment medium supplied by the servicer.
Under RESPA Section 2605(e)(1)(B), a qualified written request is a written correspondence that includes: 1) the name and account of the borrower, or has enough information to allow the servicer identify that information; and 2) a statement of the reasons for the belief of the borrower that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower.

A QWR cannot be written on a payment coupon or other payment medium supplied by the servicer.
12 USC Section 2609 or Section 10 is titled Limitation on requirement of advance deposits in escrow accounts. It governs escrow accounts including notifications and statements to borrowers. Section 10 also sets out penalties for those who violate the section.
RESPA Section 3 provides that a thing of value includes any payment, advance, funds, loan, service or other consideration

Regulation X says thing of value includes: monies, things, discounts, salaries, commissions, fees, duplicate payments of a charge, stock, dividends, distributions of partnership profits, franchise royalties, credits representing monies that may be paid at a future date, the opportunity to participate in a money-making program, retained or increased earnings, increased equity in a parent or subsidiary entity, special bank deposits or accounts, special or unusual banking terms, services of all types at special or free rates, sales or rentals at special prices or rates, lease or rental payments based in whole or in part on the amount of business referred, trips and payment of another person’s expenses or reduction in credit against an existing obligation.
A form used by a settlement or closing agent itemizing all charges imposed on a borrower and seller in a real estate transaction. This form represents the closing transaction and provides each party with a complete list of incoming and outgoing funds. RESPA requires the HUD-1 to be used as the standard real estate settlement form in all transactions in the U.S. involving federally related mortgage loans.
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