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September 20, 2021UNDERWRITING Q&A: How do I clear a recorded Notice of Interest as a Requirement on...A. Notices of Interest were originally designed to put parties dealing with real property on notice of a claim to... -
August 14, 2021Underwriting Q&A: What is a “master indemnity"? How does it work and what does it...A: A “Master Indemnity” refers to the Texas Master Indemnity Agreement (Form T-29) set forth in Procedural Rule P-11. Prior...
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July 21, 2021Underwriting Q&A: If RON (remote online notarization) is utilized for notarization of a document to...A: Subject to advance verification of the County Clerk’s willingness to recognize the procedure, there is a mechanism set out...
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July 21, 2021UNDERWRITING Q&A: I have a transaction where the parties intend to put title to the...A. No. Title can be vested in an adult age 21 or older as custodian for minor children under the...
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January 20, 2021Underwriting Q&A: Is a Small Estate Affidavit an acceptable/insurable procedure to handle the affairs of...A: In limited situations, the Small Estate Affidavit may be relied upon to evidence a transfer of the decedent’s homestead...
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December 10, 2020Underwriting Q&A: Is there an alternative for the notarization of a document when the individual...A: Yes, Section 406.0165 of the Texas Government Code provides a method for notarization of a document for an individual...
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December 10, 2020UNDERWRITING Q&A: I have a property that is being sold, encumbered or purchased by a...A. Yes. A certification of trust statement from a trustee pursuant to UCA 75-7-1013. The statute states that in lieu...
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December 10, 2020UNDERWRITING Q&A: I have a party who wants to put minor children into title to...A. As custodian for the minor child/children under NMSA 46-7-11, commonly referred to as the Uniform Transfers to Minors Act. ...
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December 10, 2020UNDERWRITING Q&A: I have a Colorado property wherein the property owner is deceased. The...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...
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December 10, 2020UNDERWRITING Q&A: I have a property that is being sold, encumbered or purchased by a...A. Yes. A certification of trust statement from a trustee pursuant to A.R.S. 14-11013. The statute states that in lieu...
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December 10, 2020Underwriting Q&A: Does a judgement lien acquired before bankruptcy that is subsequently discharged in bankruptcy...No. A properly discharged judgment included in a bankruptcy does not become a lien against property that is later acquired...
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November 19, 2020Underwriting Q&A: What is the effect of a disclaimer of interest in property? (TX)A: A disclaimer may be used for a variety of reasons including federal tax purposes (avoid gift taxes) and other...
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October 20, 2020UNDERWRITING 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...
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October 20, 2020Underwriting Q&A: Does a Tax Lien Deed of Trust have priority over a lien filed...A: Yes. While we may have covered this subject in past blog topics or bulletins, we continue to see claims filed wherein a...
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September 21, 2020UNDERWRITING Q&A: Can a Quitclaim Deed be used, instead of a foreclosure, to eliminate the...A: Most likely, no. An Agreement for Deed, also known as an “Installment Land Contract” is a form of...
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September 21, 2020UNDERWRITING 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...
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September 17, 2020Underwriting Q&A: Does an Affidavit of Heirship convey title to real property? (TX)A: No. While we may have covered this subject in past blog topics or bulletins, we continue to see claims filed wherein an...
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August 24, 2020UNDERWRITING Q&A: What is the Data Call and is it really required? (Florida)A: Florida DFS-licensed title agencies, located in and outside Florida, are required to submit information (“The Data Call”) about their...
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August 20, 2020UNDERWRITING 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,...
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August 20, 2020Underwriting Q&A: For insuring purposes, will a Power of Attorney executed by a Trustee or...A: We will recognize the delegation of real property powers in accordance with Section 113.018 of the Texas Property Code (see below)...
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July 21, 2020Underwriting Q&A: How do I correct an error in a legal description? (Florida)A: Effective July 1, 2020, Scrivener’s Errors found in legal descriptions shall be corrected by Curative Notice recorded in the...
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July 20, 2020Underwriting Q&A: What is the waiting period in Colorado for insuring a property following a...COLORADO A: Nine years. C.R.S. 39-12-104 provides that an owner of real property who was under a legal disability at the...
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July 20, 2020Underwriting Q&A: How does a divorce affect an appointment (e.g., an agent under a power...TEXAS A: If a principal designates their spouse as an agent under a durable power of attorney, a subsequent divorce or...
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June 30, 2020Underwriting Q&A: What types of identification may a notary rely upon in performing an acknowledgment...TEXAS A: Section 121.005 of the Texas Civil Practice and Remedies Code governs the type of ID that can be accepted by the...
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April 20, 2020Underwriting Q&A: Is an ancillary probate proceeding necessary in the State where the property is...All Region News, Arizona, Colorado, Florida, New Mexico, Oklahoma, Southwest Region, Tennessee, Texas, Underwriting Q & A'sTEXAS An ancillary probate procedure is not always required in Texas. The easiest method for handling a foreign probate (“foreign” is defined as any...
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December 17, 2019Underwriting Q&A: Is a title company responsible for obtaining and paying for services at a...All Region News, Arizona, Colorado, Florida, New Mexico, Oklahoma, Southwest Region, Tennessee, Texas, Underwriting Q & A'sQ: Is a title company responsible for obtaining and paying for services at a closing settlement to assist customers with...
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All Region News, Arizona, Colorado, Florida, New Mexico, Oklahoma, Southwest Region, Tennessee, Texas, Underwriting Q & A'sQ: What in the world is PACA and PSA? A: “PACA” refers to the Perishable Agricultural Commodities Act, while “PSA” refers...
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July 25, 2019Underwriting Q&A: If the subject property is the seller’s homestead, can I remove the abstract...Q: If the subject property is the seller’s homestead, can I remove the abstract of judgment against the seller (debtor) from the...
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Q: Are “AG” rollback taxes the only type of rollback tax that can be assessed for the collection of prior...
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May 28, 2019Underwriting Q&A: If the current seller was awarded the property in a divorce proceeding, do...All Region News, Arizona, Colorado, Florida, New Mexico, Oklahoma, Southwest Region, Tennessee, Texas, Underwriting Q & A'sQ: If the current seller was awarded the property in a divorce proceeding, do we need to worry about...
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April 12, 2019Underwriting Q&A : What are the IRS instructions for Form 1099-S reporting with respect to...Q: What are the IRS instructions for Form 1099-S reporting with respect to a married couple? A: The IRS makes an exception to...
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Q: Do Texas title companies offer “survey coverage”? A: No. Unfortunately, over the years our industry has used the slang term...
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January 21, 2019Underwriting Q&A: What is the correct exception in Schedule B when finding a memorandum [of...A: The exception would properly read as follows: “Terms, conditions and stipulations of the as evidenced by Memorandum of...
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November 20, 2018Underwriting Q&A: What are the requirements of issuing the Texas Residential Owner Policy (Form T-1R)?Q: What are the requirements of issuing the Texas Residential Owner Policy (Form T-1R)? A: Requirements to issue the The property must...
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September 19, 2018Underwriting Q&A: The Grantor in the proposed insured transaction is a Trust. How does the...Question: The Grantor in the proposed insured transaction is a Trust. How does the Deed have to be prepared so...
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August 16, 2018Underwriting Q&A: What date should be inserted into the blank on paragraph 4 of the...Q: In Texas, where we are encountering multi-generational re-use of existing surveys, the T-47 Residential Real Property Affidavit allows a...
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July 16, 2018Underwriting Q & A | I came across a notary signature with reference to Florida...Q: I came across a notary signature with reference to Florida Statute 118.10. Also, the document appears to be notarized in...
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April 20, 2018Underwriting Q & A | Are there any tricks when a title agent needs information...Q: Are there any tricks when a title agent needs information from the Internal Revenue Service (IRS) regarding a party...
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Q: Can an attorney be a devisee in a will that he/she prepared? A: No. Section 254.003 of the Texas Estates...
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February 14, 2018Underwriting Q&A | Are Transfer on Death Deeds effective mechanisms for transferring real property?Question: Are Transfer on Death Deeds effective mechanisms for transferring real property? Answer: Texas – Yes. Through a recorded Transfer on Death...
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January 17, 2018Underwriting Q & A | Is the statutory process of “bonding around” a filed mechanic’s...Q: (Texas Only) Is the statutory process of “bonding around” a filed mechanic’s lien affidavit (MLA) always a potential remedy...
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December 20, 2017Underwriting Q & A | Are the Texas home equity loan laws changing effective January...Q: Are the Texas home equity loan laws changing effective January 1, 2018? A: Yes, in connection with the November election,...
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November 15, 2017Underwriting Q & A | What are the laws of intestate succession regarding a deceased...Question: What are the laws of intestate succession regarding a deceased person’s property who was married at the time of death...
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Q: May we pay the property taxes in Texas for 2017 and insure that 2018 taxes are “not yet due...
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September 19, 2017Underwriting Q & A | Is there a redemption period when a Tax Lien Deed...Q: Is there a redemption period when a Tax Lien Deed of Trust is foreclosed in Texas? A: Yes, Section 32.06...
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August 16, 2017Underwriting Q & A | Does Texas have a statute of limitations for errors in...Q: Does Texas have a statute of limitations for errors in a defective notary acknowledgment? A: Yes, under Section 16.033(a)(8) of...
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July 19, 2017Underwriting Q & A | Does an affidavit of heirship vest title in the heirs...Q: Does an affidavit of heirship vest title in the heirs named in the affidavit, and is nothing further needed...
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Q: Assume landowner A owned an acreage tract and was carving out a back acreage portion to sell to B....
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Q: Can a disabled veteran pay zero taxes on their homestead? A: Yes, the Texas Tax Code contains the following statute: Sec....
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April 19, 2017Q & A | What are some of the most common misconceptions about Texas probate/estates...Q: What are some of the most common misconceptions about Texas probate/estates encountered with underwriting calls? A: Some of the most...
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March 15, 2017Underwriting Q&A | When receipting a contract and earnest money, is it acceptable to receive...Q: When receipting a contract and earnest money, is it acceptable to receive and/or deliver an option fee? A: Delivery by...
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February 15, 2017Underwriting Q&A | When closing a sale or refinance transaction for clients who have a...Q: When closing a sale or refinance transaction for clients who have a HARP loan in addition to their primary...
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January 18, 2017Q & A | When a Texas licensed broker receives earnest money, how long does...Q: When a Texas licensed broker receives earnest money, how long does the broker have to deposit the funds into...
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Below is an excerpt of a recent article regarding the recent nationwide injunction affecting employers across the country issued by ...
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November 16, 2016Underwriting Q & A | May we pay the property taxes in Texas for 2016...Q: May we pay the property taxes in Texas for 2016 and insure that 2017 taxes are “not yet due...
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October 19, 2016Underwriting Q & A | When should the term “pro forma” be used in connection...Q: When should the term “pro forma” be used in connection with the name of a party on a real...
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Q: Have there been any updates to TRID? A: No. However, the CFPB (Consumer Financial Protection Bureau) has proposed various amendments...
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August 17, 2016Underwriting Q & A | Is there a new reporting requirement issued by the U.S....Q: Is there a new reporting requirement issued by the U.S. Department of the Treasury for closings on some properties...
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July 20, 2016Underwriting Q & A | What is the correct premium charge for amending the survey...Q: What is the correct premium charge for amending the survey exception in an OTP versus issuing the T19.1 endorsement? A:...
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Q: What is an Apostille? A: An Apostille is a certificate issued by a designated authority in a country which is...
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May 18, 2016Q & A | Can “successors and assigns” and/or the “ISAOA” acronym be inserted on...Q: Can “successors and assigns” and/or the “ISAOA” acronym be inserted on an Insured Closing Protection Letter issued in Texas? A:...
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April 20, 2016Q & A | If a person owns separate property, what, if anything, is needed...Q: If a person owns separate property, what, if anything, is needed for title insuring purposes from the spouse when...
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March 16, 2016Q & A | Regarding FIRPTA, is a title agent required to complete the IRS...Q: Regarding FIRPTA, is a title agent required to complete the IRS forms and determine the amount to be withheld...
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February 17, 2016Q & A | Can we insure a sale transaction where seller acquired title by...Q: Can we insure a sale transaction where seller acquired title by a tax foreclosure deed? A: Yes, FNTI will insure...
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Q: When we receive a contract for the sale of a 1-4 family residence and there is no HOA addendum...
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December 16, 2015Q & A | ATTENTION ALL NOTARIES!! NEW LAWS!! Did you know that there is...Q: ATTENTION ALL NOTARIES! NEW LAWS! Did you know that there is a new law that affects your ability to...
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November 18, 2015Q & A | May we pay the property taxes for 2015 and insure that...Q: May we pay the property taxes for 2015 and insure that 2016 taxes are “not yet due and payable”? A:...
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October 14, 2015Q & A | Will an Owner's Policy provide insurance coverage for an illegal lot...Q: Will an Owner’s Policy provide insurance coverage for an illegal lot situation (land division without compliance with the subdivision...
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Q: Does a spouse have to sign the warranty deed or the deed of trust if they don’t own the...
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August 12, 2015Q & A | May a devisee under a probated will excute a formal disclaimer...Q: May a devisee (“beneficiary”), who would otherwise inherit property, real or personal, under a probated will execute a formal...
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Q: Can a T-23 Access Endorsement be issued on a road or street or highway that is not physically open? A:...
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June 10, 2015Q & A | CFPB: What changes in the new Closing Disclosure WILL NOT require...Q: CFPB: What changes in the new Closing Disclosure WILL NOT require a new 3-day review period? A: By now we...
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Q: Since one of the stated purposes of the CFPB final rule and the new Loan Estimate form is to...
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Q: What do I need to know about CFPB? A: The CFPB is the Consumer Financial Protection Bureau. It is an independent...
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Q: The FHA has always required borrowers to pay interest through month end, irrespective of the actual date the payoff...
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Q: Since Reverse Mortgages are not covered by the new TILA-RESPA Rule, does a lender have the option to use...
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Q: You may have heard the following phrase from an attorney, “You cannot probate a will if more than four...
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Q: Is there something that an Estate for a deceased seller can obtain to verify that there exists no Texas...
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Q: Can an agent under a power of attorney, a trustee under a trust, or the personal representative of an...
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Q: When there is an intestate death, and the decedent did not have a surviving spouse or children or parents, leaving...
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Q: Can I use a Mexican Matricula Consular (I.D. Card) as a form of identification for a notary acknowledgment? A: No....
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Q: Do I always issue a T-1R Owner’s Title Policy if the property is “residential” real property? A: No. You should...
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Q: Why does the title company require joinder of both spouses on a conveyance or mortgage of a homestead property...
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Q: When a purchaser who is executing a purchase money note and deed of trust for the purchase of real...
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