underwriting

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 […]
December 10, 2020

UNDERWRITING Q&A: I have a Colorado property wherein the property owner is deceased. The owner did not live in Colorado and the owner’s probate is being administered in another state. Is an ancillary probate proceeding going to have to be opened in Colorado to deal with the Colorado property? (CO)

A.  In most cases, no.  C.R.S 15-13-204 provides a very simple process for authenticating an out-of-state personal representative’s authority to dispose of property located in Colorado.  […]
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 Arizona for requiring a copy of the trust agreement? (AZ)

A.  Yes.  A certification of trust statement from a trustee pursuant to A.R.S. 14-11013.  The statute states that in lieu of furnishing a copy of the […]
December 10, 2020

Underwriting Q&A: Does a judgement lien acquired before bankruptcy that is subsequently discharged in bankruptcy become a lien on property acquired after discharge? (FL)

No.  A properly discharged judgment included in a bankruptcy does not become a lien against property that is later acquired by a debtor.   Section 524(a) of […]