underwriting

November 19, 2020

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

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 […]
October 20, 2020

Underwriting Q&A: Does a Tax Lien Deed of Trust have priority over a lien filed of record prior in time? (TX)

A: Yes. While we may have covered this subject in past blog topics or bulletins, we continue to see claims filed wherein a tax lien deed […]
September 21, 2020

UNDERWRITING Q&A: Can a Quitclaim Deed be used, instead of a foreclosure, to eliminate the interest of a vendee? (Florida)

A: Most likely, no.   An Agreement for Deed, also known as an “Installment Land Contract” is a form of owner financing.  The seller initially conveys equitable […]
September 21, 2020

UNDERWRITING Q&A: At what point will title be insurable following a tax sale in Arizona?

A:  These will always be evaluated on a case-by-case basis.  Prior to obtaining a Treasurer’s Deed, the purchaser at a tax sale must bring an action […]
September 17, 2020

Underwriting Q&A: Does an Affidavit of Heirship convey title to real property? (TX)

A: No. While we may have covered this subject in past blog topics or bulletins, we continue to see claims filed wherein an heir went unidentified […]
August 24, 2020

UNDERWRITING Q&A: What is the Data Call and is it really required? (Florida)

A: Florida DFS-licensed title agencies, located in and outside Florida, are required to  submit information (“The Data Call”) about their businesses to the Florida Office of […]
August 20, 2020

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 […]
August 20, 2020

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 […]