Ellen Wied

July 21, 2021
Published by Ellen Wied on July 21, 2021
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Underwriting Q&A: If RON (remote online notarization) is utilized for notarization of a document to be recorded in a County that has not adopted e-recording, is there a method available to effect recordation of a hard copy of the document with digital signatures and electronic notarization (RON)?

A:  Subject to advance verification of the County Clerk’s willingness to recognize the procedure, there is a mechanism set out in statutes in the Property Code that […]
Ellen WiedEllen Wied July 21, 2021
August 20, 2020
Published by Ellen Wied on August 20, 2020
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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 […]
Ellen WiedEllen Wied August 20, 2020
June 30, 2020
Published by Ellen Wied on June 30, 2020
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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. […]
Ellen WiedEllen Wied June 30, 2020
April 20, 2020
Published by Ellen Wied on April 20, 2020
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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 […]
Ellen WiedEllen Wied April 20, 2020
August 16, 2018
Published by Ellen Wied on August 16, 2018
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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 […]
Ellen WiedEllen Wied August 16, 2018
August 16, 2017
Published by Ellen Wied on August 16, 2017
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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 & […]
Ellen WiedEllen Wied August 16, 2017
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