Underwriting Q & A’s

February 14, 2018

Underwriting 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 Deed (“TODD”), a real property […]
January 17, 2018

Underwriting Q & A | Is the statutory process of “bonding around” a filed mechanic’s lien affidavit (MLA) always a potential remedy to closing the transaction without making payment to the contractor claiming the lien or excepting to the claim of lien in the policy?

Q: (Texas Only) Is the statutory process of “bonding around” a filed mechanic’s lien affidavit (MLA) always a potential remedy to closing the transaction without making […]
December 20, 2017

Underwriting Q & A | Are the Texas home equity loan laws changing effective January 1, 2018?

Q: Are the Texas home equity loan laws changing effective January 1, 2018? A: Yes, in connection with the November election, the voters of the State […]
November 15, 2017

Underwriting Q & A | What are the laws of intestate succession regarding a deceased person’s property who was married at the time of death and who died without a will (or without the will being probated)?

Question: What are the laws of intestate succession regarding a deceased person’s property who was married at the time of death and who died without a will […]
October 16, 2017

Underwriting Q & A | May we pay the property taxes in Texas for 2017 and insure that 2018 taxes are “not yet due and payable”?

Q:   May we pay the property taxes in Texas for 2017 and insure that 2018 taxes are “not yet due and payable”? A:  Short Answer is […]
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 & […]
July 19, 2017

Underwriting Q & A | Does an affidavit of heirship vest title in the heirs named in the affidavit, and is nothing further needed when an affidavit of heirship is recorded, correct?

Q: Does an affidavit of heirship vest title in the heirs named in the affidavit, and is nothing further needed when an affidavit of heirship is […]
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 […]