underwriting

December 16, 2021

LATEST NEWS: First National Title Insurance Company Hires Mark Ginzo as Sr. Title Officer/Underwriting in Florida

September 20, 2021

UNDERWRITING Q&A: How do I clear a recorded Notice of Interest as a Requirement on my PR?

A.  Notices of Interest were originally designed to put parties dealing with real property on notice of a claim to the property by a party who […]
August 14, 2021

Underwriting Q&A: What is a “master indemnity”? How does it work and what does it cover?

A: A “Master Indemnity” refers to the Texas Master Indemnity Agreement (Form T-29) set forth in Procedural Rule P-11. Prior to discussing how a “master indemnity” […]
July 21, 2021

Underwriting Q&A: If RON (remote online notarization) is utilized for notarization of a document to be recorded in a County that has not adopted e-recording, is there a method available to effect recordation of a hard copy of the document with digital signatures and electronic notarization (RON)?

A:  Subject to advance verification of the County Clerk’s willingness to recognize the procedure, there is a mechanism set out in statutes in the Property Code that […]
July 21, 2021

UNDERWRITING Q&A: I have a transaction where the parties intend to put title to the property in the names of minor children. Will this require a conservatorship proceeding? (CO)

A.  No.  Title can be vested in an adult age 21 or older as custodian for minor children under the Colorado Uniform Transfers to Minors Act […]
January 20, 2021

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

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

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

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 […]