Questions and answers – FNTI – First National Title Insurance Company

January 20, 2021

Published by Chance Perkins on January 20, 2021

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Underwriting Q&A: Is a Small Estate Affidavit an acceptable/insurable procedure to handle the affairs of an intestate decedent?(TX)

A: In limited situations, the Small Estate Affidavit may be relied upon to evidence a transfer of the decedent’s homestead property as discussed below. The Small […]

December 10, 2020

Published by Chance Perkins on December 10, 2020

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Underwriting Q&A: Is there an alternative for the notarization of a document when the individual has a (physical) disability that impedes their ability to sign the document? (TX)

A: Yes, Section 406.0165 of the Texas Government Code provides a method for notarization of a document for an individual with a disability. The statute provides […]

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 […]

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 […]

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. […]

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 […]

December 10, 2020

Published by Mara Alyson on December 10, 2020

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Underwriting Q&A: Does a judgement lien acquired before bankruptcy that is subsequently discharged in bankruptcy become a lien on property acquired after discharge? (FL)

No. A properly discharged judgment included in a bankruptcy does not become a lien against property that is later acquired by a debtor. Section 524(a) of […]

November 19, 2020

Published by Chance Perkins on November 19, 2020

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Underwriting 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 state law purposes (avoid creditors’ claims). […]

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 […]