underwriting q & a

July 25, 2019

Underwriting Q&A: If the subject property is the seller’s homestead, can I remove the abstract of judgment against the seller (debtor) from the Commitment?

Q: If the subject property is the seller’s homestead, can I remove the abstract of judgment against the seller (debtor) from the Commitment? A: Texas– No. […]
June 20, 2019

Underwriting Q&A: Rollback taxes and supplemental taxes – TEXAS

Q: Are “AG” rollback taxes the only type of rollback tax that can be assessed for the collection of prior years’ ad valorem taxes and are […]
April 12, 2019

Underwriting Q&A : What are the IRS instructions for Form 1099-S reporting with respect to a married couple?

Q:        What are the IRS instructions for Form 1099-S reporting with respect to a married couple? A:        The IRS makes an exception to its Multiple Transferor […]
February 27, 2019

Underwriting Q&A: Do Texas title companies offer “survey coverage”?

Q: Do Texas title companies offer “survey coverage”? A: No. Unfortunately, over the years our industry has used the slang term “survey coverage” to describe various […]
January 21, 2019

Underwriting Q&A: What is the correct exception in Schedule B when finding a memorandum [of lease, of agreement, etc.] recorded in the Public or Official Records which affects the property? When can this exception be removed?

A:  The exception would properly read as follows:  “Terms, conditions and stipulations of the [lease or agreement] as evidenced by Memorandum of [Lease/Agreement/etc.] recorded as [document/instrument] […]
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 […]