Questions and answers

August 20, 2020
Published by David Dickard on August 20, 2020
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UNDERWRITING 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, were created by Colorado statute in […]
David DickardDavid Dickard August 20, 2020
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
July 21, 2020
Published by Mara Alyson on July 21, 2020
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Underwriting 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 public records.   Errors found in quitclaim […]
Mara AlysonMara Alyson July 21, 2020
July 20, 2020
Published by David Dickard on July 20, 2020
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Underwriting Q&A: What is the waiting period in Colorado for insuring a property following a tax sale and issuance of a Treasurer’s Deed?

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 time of issuance and recording […]
David DickardDavid Dickard July 20, 2020
July 20, 2020
Published by Chance Perkins on July 20, 2020
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Underwriting Q&A: How does a divorce affect an appointment (e.g., an agent under a power of attorney) or beneficiary designation (e.g., a devise under a will)?

TEXAS A: If a principal designates their spouse as an agent under a durable power of attorney, a subsequent divorce or annulment will terminate the agent’s […]
Chance PerkinsChance Perkins July 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
February 14, 2018
Published by Sean Everest on February 14, 2018
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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 […]
Sean EverestSean Everest February 14, 2018
January 17, 2018
Published by David Hays on January 17, 2018
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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 […]
David HaysDavid Hays January 17, 2018
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