David Dickard

September 20, 2021
Published by David Dickard on September 20, 2021
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UNDERWRITING Q&A: How do I clear a recorded Notice of Interest as a Requirement on my PR?

A.  Notices of Interest were originally designed to put parties dealing with real property on notice of a claim to the property by a party who […]
David DickardDavid Dickard September 20, 2021
July 21, 2021
Published by David Dickard on July 21, 2021
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UNDERWRITING Q&A: I have a transaction where the parties intend to put title to the property in the names of minor children. Will this require a conservatorship proceeding? (CO)

A.  No.  Title can be vested in an adult age 21 or older as custodian for minor children under the Colorado Uniform Transfers to Minors Act […]
David DickardDavid Dickard July 21, 2021
December 10, 2020
Published by David Dickard on December 10, 2020
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UNDERWRITING Q&A: I have a property that is being sold, encumbered or purchased by a trust. Is there an alternative in Utah for requiring a copy of the trust agreement? (UT)

A.  Yes.  A certification of trust statement from a trustee pursuant to UCA 75-7-1013.  The statute states that in lieu of furnishing a copy of the […]
David DickardDavid Dickard December 10, 2020
December 10, 2020
Published by David Dickard on December 10, 2020
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UNDERWRITING Q&A: I have a party who wants to put minor children into title to real property. What is the best way to do this? (NM)

A.  As custodian for the minor child/children under NMSA 46-7-11, commonly referred to as the Uniform Transfers to Minors Act.  When preparing the deed, an adult […]
David DickardDavid Dickard December 10, 2020
December 10, 2020
Published by David Dickard on December 10, 2020
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UNDERWRITING Q&A: I have a Colorado property wherein the property owner is deceased. The owner did not live in Colorado and the owner’s probate is being administered in another state. Is an ancillary probate proceeding going to have to be opened in Colorado to deal with the Colorado property? (CO)

A.  In most cases, no.  C.R.S 15-13-204 provides a very simple process for authenticating an out-of-state personal representative’s authority to dispose of property located in Colorado.  […]
David DickardDavid Dickard December 10, 2020
December 10, 2020
Published by David Dickard on December 10, 2020
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UNDERWRITING Q&A: I have a property that is being sold, encumbered or purchased by a trust. Is there an alternative in Arizona for requiring a copy of the trust agreement? (AZ)

A.  Yes.  A certification of trust statement from a trustee pursuant to A.R.S. 14-11013.  The statute states that in lieu of furnishing a copy of the […]
David DickardDavid Dickard December 10, 2020
October 20, 2020
Published by David Dickard on October 20, 2020
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UNDERWRITING Q&A: What are the guidelines for insuring following a Sheriff’s Sale in Arizona?

A:  You must review the Order Authorizing the Sale.  The Court’s Order should set forth rights of redemption following the sale.  It is very important that […]
David DickardDavid Dickard October 20, 2020
September 21, 2020
Published by David Dickard on September 21, 2020
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UNDERWRITING Q&A: At what point will title be insurable following a tax sale in Arizona?

A:  These will always be evaluated on a case-by-case basis.  Prior to obtaining a Treasurer’s Deed, the purchaser at a tax sale must bring an action […]
David DickardDavid Dickard September 21, 2020
August 20, 2020
Published by David Dickard on August 20, 2020
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UNDERWRITING Q&A: Is title derived from a Beneficiary Deed insurable in Colorado?

A:  Yes, provided certain underwriting criteria are followed.  Beneficiary Deeds, called Transfer on Death or TOD deeds in other jurisdictions, were created by Colorado statute in […]
David DickardDavid Dickard August 20, 2020
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