Questions and answers

June 30, 2020

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. […]
April 20, 2020

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 […]
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 […]
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 […]
April 19, 2017

Q & A | What are some of the most common misconceptions about Texas probate/estates encountered with underwriting calls?

Q: What are some of the most common misconceptions about Texas probate/estates encountered with underwriting calls? A: Some of the most common areas of confusion encountered […]