underwriting

December 10, 2020
Published by David Dickard on December 10, 2020
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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.  […]
David DickardDavid Dickard December 10, 2020
December 10, 2020
Published by David Dickard on December 10, 2020
Categories

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 […]
David DickardDavid Dickard December 10, 2020
December 10, 2020
Published by Mara Alyson on December 10, 2020
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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 […]
Mara AlysonMara Alyson December 10, 2020
November 19, 2020
Published by Chance Perkins on November 19, 2020
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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). […]
Chance PerkinsChance Perkins November 19, 2020
October 20, 2020
Published by David Dickard on October 20, 2020
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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 […]
David DickardDavid Dickard October 20, 2020
October 20, 2020
Published by Rustin Khavari on October 20, 2020
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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 […]
Rustin KhavariRustin Khavari October 20, 2020
September 21, 2020
Published by Mara Alyson on September 21, 2020
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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 […]
Mara AlysonMara Alyson September 21, 2020
September 21, 2020
Published by David Dickard on September 21, 2020
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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 […]
David DickardDavid Dickard September 21, 2020
September 17, 2020
Published by Rustin Khavari on September 17, 2020
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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 […]
Rustin KhavariRustin Khavari September 17, 2020
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