Ellen Wied

August 20, 2020

Underwriting Q&A: For insuring purposes, will a Power of Attorney executed by a Trustee or duly appointed Independent Executor of a pending probate be recognized as a valid delegation of authority?

A: We will recognize the delegation of real property powers in accordance with Section 113.018 of the Texas Property Code (see below) by a Trustee of […]
June 30, 2020

Underwriting Q&A: What types of identification may a notary rely upon in performing an acknowledgment notarization?

TEXAS A:            Section 121.005 of the Texas Civil Practice and Remedies Code governs the type of ID that can be accepted by the notary public. Sec. […]
April 20, 2020

Underwriting Q&A: Is an ancillary probate proceeding necessary in the State where the property is located (TX, FL, NM, AZ) when there is a foreign (out of state or another country) probate or administration?

TEXAS An ancillary probate procedure is not always required in Texas. The easiest method for handling a foreign probate (“foreign” is defined as any State in […]
June 20, 2019

Underwriting Q&A: Rollback taxes and supplemental taxes – TEXAS

Q: Are “AG” rollback taxes the only type of rollback tax that can be assessed for the collection of prior years’ ad valorem taxes and are […]
April 12, 2019

Underwriting Q&A : What are the IRS instructions for Form 1099-S reporting with respect to a married couple?

Q:        What are the IRS instructions for Form 1099-S reporting with respect to a married couple? A:        The IRS makes an exception to its Multiple Transferor […]
August 16, 2018

Underwriting Q&A: What date should be inserted into the blank on paragraph 4 of the T-47 Residential Real Property Affidavit?

Q: In Texas, where we are encountering multi-generational re-use of existing surveys, the T-47 Residential Real Property Affidavit allows a seller to verify that a prior […]
September 19, 2017

Underwriting Q & A | Is there a redemption period when a Tax Lien Deed of Trust is foreclosed in Texas?

Q: Is there a redemption period when a Tax Lien Deed of Trust is foreclosed in Texas? A: Yes, Section 32.06 of the Texas Tax Code […]
August 16, 2017

Underwriting Q & A | Does Texas have a statute of limitations for errors in a defective notary acknowledgment?

Q: Does Texas have a statute of limitations for errors in a defective notary acknowledgment? A: Yes, under Section 16.033(a)(8) of the Texas Civil Practices & […]
June 21, 2017

Q & A | Overburden of Easements…

Q: Assume landowner A owned an acreage tract and was carving out a back acreage portion to sell to B. Since B’s tract would otherwise be […]