The Title Opinion: an Overview
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The Length of a Title Search in Tg Youdan
THE LENGTH OF A TITLE SEARCH IN NTARI T.G. YOUDAN* Toronto This article deals with the statutory provisions which in the Ontario registry system regulate the length of a vendor's chain of title and which in some cases extinguish claims against the land. The main focus of the article is analysis of newprovisions on the topic which were introduced in 1981 . However, in order to place these provisions in context the author outlines the history - of relevant conveyancing law andpractice in both England and Ontario, and he reviews the effect ofprevious legislation on the same topic. Il s'agit dans cet article des dispositions législatives qui réglementent, dans le système d'enregistrement de l'Ontario, la longueur de la chaîne des titres d'un vendeur et qui, dans certains cas, amène l'extinction du droit à un bien-fonds. L'auteurs'intéresse particulièrement à l'analyse des nouvelles dispositions apportées dans ce domaine en 1981 . Pour replacer ces dispositions dans leur contexte, 1986 CanLIIDocs 62 l'auteur fait, à grands traits, l'histoire du droit des transferts et de la pratique qui s'y rapporte en Angleterre et en Ontario etpasse brièvement en revue l'effet de la législation antérieure dans ce domaine. Introduction In 1981 a new Part III of the Ontario Registry Act was enacted. I It . deals with proof of title by a vendor of land and determines the appropriate length of a search; it also has corresponding provisions which extinguish claims against land on the ground of their. antiquity. This is a topic of great importance, and the new provisions were clently intended to make major changes in conveyancing law and practice. -
Property Title Trouble in Non-Judicial Foreclosure States: the Ibanez Time Bomb?
William & Mary Business Law Review Volume 4 (2013) Issue 1 Article 5 February 2013 Property Title Trouble in Non-Judicial Foreclosure States: The Ibanez Time Bomb? Elizabeth Renuart Follow this and additional works at: https://scholarship.law.wm.edu/wmblr Part of the Secured Transactions Commons Repository Citation Elizabeth Renuart, Property Title Trouble in Non-Judicial Foreclosure States: The Ibanez Time Bomb?, 4 Wm. & Mary Bus. L. Rev. 111 (2013), https://scholarship.law.wm.edu/wmblr/vol4/ iss1/5 Copyright c 2013 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmblr PROPERTY TITLE TROUBLE IN NON-JUDICIAL FORECLOSURE STATES: THE IBANEZ TIME BOMB? ELIZABETH RENUART ABSTRACT The economic crisis gripping the United States began when large numbers of homeowners defaulted on poorly underwritten subprime mort- gage loans. Demand from Wall Street seduced mortgage lenders, brokers, and other players to churn out mortgage loans in extraordinary numbers. Securitization, the process of utilizing mortgage loans to back investment instruments, fanned the fire. The resulting volume also caused the parties to these deals to often handle and transfer the legally important documents that secure the resulting investments—the loan notes and mortgages—in a careless and sometimes fraudulent manner. The consequences of this behavior are now becoming evident. All over the country, courts are scrutinizing whether the parties initiating foreclo- sures against homeowners have the right to take this action when the authority to enforce the note and mortgage is absent. Without this right, foreclosure sales can be reversed. -
REVIEWING the TITLE SEARCH by Joseph E. Seagle, Esq. [email protected] INTRODUCTION Before One Can Discuss What a Title Agent Or
REVIEWING THE TITLE SEARCH By Joseph E. Seagle, Esq. [email protected] INTRODUCTION Before one can discuss what a title agent or examiner should or must review in the course of searching the chain of title, it is necessary to understand the basics and history of title examination. The Basics In Florida, it is common for title agents to receive either Title Search Reports or pro forma title insurance commitments from an examiner. The examiner may be an independent contractor, an employee of the title agency, or an employee of the title underwriter that will ultimately insure the title to be conveyed or mortgaged. In other instances, the title attorney or agent may conduct a personal search of the Public Records of the county where the real property to be insured is located. Examples of a title search report, pro forma commitment and raw title search are included in the appendix to this chapter. We will discuss all three methods of receiving the title information, and focus on the personal search method so that the agent may gain an understanding of the process the examiner will use to provide the end title information product. A History Lesson Prior to 1963, when the Florida legislature passed the Marketable Record Title Act (the “MRTA”), which will be discussed in more detail by Mr. Horak in another section of this manuscript, the examiner was required to search and abstract the insured property’s chain of title back to the beginning. This could require the examiner to search to find a land patent from the United States Government, a deed from the state of Florida, the Board of Trustees of the Internal Improvement Trust Fund, or a land grant from the King of Spain or the King of England. -
How to Buy Title Insurance In
How to Buy Title Insurance in [Insert State] This guide: • Covers the basics of title insurance. • Explains the need for title insurance. • Offers tips to shop for title insurance and closing services. • Gives you questions you should ask before you buy title insurance. [Name] [DOI Logo] [Superintendent of Insurance] [DOI Website Address] Drafting Note: This template has been developed for state departments of insurance who are interested in providing a consumer education publication regarding title insurance. The template was developed as a comprehensive guide that can be edited/personalized to meet the individual needs of a state. DRAFT: 3-23-215-25-21 1 Table of Contents Introduction Page 3 Buying or Refinancing a Property Page 3 What is Title Insurance, and What Does it Cover? Page 4 Two Types of Title Insurance—Owner’s and Lender’s Policies Page 4 What Doesn’t Title Insurance Cover? Page 4 Who Sells Title Insurance? Page 5 The Right to Choose Your Own Title Agent/Company Page 5 Who Pays for Title Insurance? Page 5 What Does Title Insurance Cost? Page 6 Ask if You’re Eligible for Discounts Page 6 The Difference Between Title and Homeowners Insurance Page 6 Questions to Ask Before You Buy Title Insurance Page 6 The Real Estate Closing Page 7 Closing Agents Page 8 Questions to Ask When You Choose a Closing Agent Page 8 Closing Protection Page 8 Shop Around for Title Insurance and Closing Services Page 8 Cost Comparison Chart Page 9 Final Tips to Remember Page 10 How to File a Title Insurance Claim Page 10 The [INSERT DOI NAME] is Here to Help Page 10 Other Resources Available Page 11 Disclaimer: The information included in this publication is meant to serve as a guide and is not a substitute for legal or professional advice. -
Professor Crusto
Crusto, Personal Property: Adverse Possession, Bona Fide Purchaser, and Entrustment New Admitted Assignment, Monday, May 11, 2020 ************************************** Please kindly complete in writing and kindly prepare for discussion for the online class on Friday, May 15, 2020, the following exercises: I. Reading Assignments (see attached below, following Crusto’s lecture notes): 1. Adverse Possession, Bona Fide Purchaser, Entrustment: pp. 116-118, 151-163: O’Keeffe v. Snyder (see attachment) and 2. Crusto’s Notes (below) II. Exercises: Exercise 1 Based on the cases and the reading assignment (above) and Crusto lecture notes (below), write an “outline” listing five legal issues for the personal property topics of 1. Adverse Possession, Bona Fide Purchaser, and Entrustment, and ten rules and authorities (one word case name or other source). Exercise 2 Answer the following questions, providing a one sentence answer for each question: 1. Provide three examples of personal (not real) property. 2. What are the indicia (evidence) of ownership of personal property? 3. How does a person normally acquire title to personal property? 4. What role does possession play in evidencing ownership of personal property? 5. What is meant by the maxim that “possession is 9/10s of the law”? 6. How, if ever, can a person acquire title to personal property by adverse possession? 7. What is a statute of limitations? 8. What role did the statute of limitations play in the O’Keefe case? 9. How does a person qualify as a bona fide purchaser? 10. What benefits result from such a qualification? 11. What is the rule of discovery? 12. -
TITLE STANDARDS October 10, 2019 10305 ICLE: State Bar Series
TITLE STANDARDS October 10, 2019 10305 ICLE: State Bar Series Thursday, October 10, 2019 TITLE STANDARDS 6 CLE Hours Including 1 Ethics Hour | 1 Professionalism Hour Copyright © 2019 by the Institute of Continuing Legal Education of the State Bar of Georgia. All rights reserved. Printed in the United States of America. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form by any means, electronic, mechanical photocopying, recording, or otherwise, without the prior written permission of ICLE. The Institute of Continuing Legal Education’s publications are intended to provide current and accurate information on designated subject matter. They are off ered as an aid to practicing attorneys to help them maintain professional competence with the understanding that the publisher is not rendering legal, accounting, or other professional advice. Attorneys should not rely solely on ICLE publications. Attorneys should research original and current sources of authority and take any other measures that are necessary and appropriate to ensure that they are in compliance with the pertinent rules of professional conduct for their jurisdiction. ICLE gratefully acknowledges the eff orts of the faculty in the preparation of this publication and the presentation of information on their designated subjects at the seminar. The opinions expressed by the faculty in their papers and presentations are their own and do not necessarily refl ect the opinions of the Institute of Continuing Legal Education, its offi cers, or employees. The faculty is not engaged in rendering legal or other professional advice and this publication is not a substitute for the advice of an attorney. -
Bills to Remove Cloud in Tennessee
Vanderbilt Law Review Volume 3 Issue 4 Issue 4 - June 1950 Article 7 6-1-1950 Bills to Remove Cloud in Tennessee Henry D. Bell Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Recommended Citation Henry D. Bell, Bills to Remove Cloud in Tennessee, 3 Vanderbilt Law Review 791 (1950) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol3/iss4/7 This Note is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. BILLS TO REMOVE CLOUD IN TENNESSEE The bill in equity to remove cloud from title has been recognized in all of the American states. There has been, however, no agreement among the states as to the cases which come within the scope of the bill. Every bill to remove cloud presents two essential questions: (1) does the complainant have an interest in the property which entitles him to maintain the bill, and (2) does the adverse claim constitute a "cloud" on the title which equity will remove? The purpose of this Note is to review the authorities to determine what is necessary to satisfy these two conditions in Tennessee. ORIGIN AND NATURE OF THE BILL English chancery courts at an early day compelled the cancellation of instruments, in proper cases, even where there was a defense at law; 1 but, in the absence of grounds for cancellation, chancery would not issue an in- junction to remove a cloud from title to real estate. -
Quiet Title Lawsuit Will Deal With
plete. Some examples of title documents ney must make a Motion to the are Warranty Deeds, Quitclaim Deeds, Court. Mortgages, Leases, Transfer Certificates QUIET of Title (Land Court System). This motion must be supported by a legal memorandum setting out TITLE the legal reasons why the Court • Genealogy Research should do as the attorney wants it to. This supporting memorandum LAWSUIT If there are gaps in conveyance, or title requires legal research which cov- history, they may have filed by geneal- ers both procedural and substan- ogy. In other words, title can transfer by tive aspects. inheritance. Or what happens When you do genealogy research, you when others want must trace the family linearly (in a to claim your land straight inheritance line), accounting for every year from your ancestor who got the land to the individual living today who is claiming the land. • Legal Research There are many points of law which a Quiet Title lawsuit will deal with. 1) Procedural (Proper Legal Procedure) Examples of this are whether or not you file your Answer on time. It has nothing to do with whether or not you own the land, but whether you meet court dead- lines. This is a legal procedural concern. 2) Substantive (Points of Law which deal with the merit of the Native Hawaiian Legal Corporation case) 1164 Bishop Street Whenever an attorney, on behalf Honolulu, Hawai`i 96813 of his/her client, wants the court to take a certain action, the attor- QUIET TITLE HOW A LAWSUIT BEGINS DISCOVERY STAGE LAWSUIT Two Ways • Request for Answers to Written Inter- rogatories. -
County Title Search Standards
COUNTY TITLE SEARCH STANDARDS (A) In general It is the responsibility of all persons making title searches (hereinafter referred to as “searchers”) to keep informed with respect to the time lag of indexing in all the various offices. Generally, in searching the indexes, the rule of idem sonans should be followed. Names such as “A. John Doe” should be searched both under “A” and “J” in indexes using first name divisions; names such as “C(K)arl” and C(K)atherine” should be searched under “C” and “K” in such indexes. Corporate names such as “John A. Smith, Inc.” should be searched both under “J” and “S.” If title is acquired by nickname, the proper name should also be searched. For example, “Tony” requires a search for “Anthony.” Attention is called to the fact that there are special headings used in the various indexes including “schools,” “churches,” “lot owners,” “vacations,” “annexations,” “trustees,” “lodges,” etc. Relative to corporate title holders, since the searcher is to include the Articles of Incorporation, he should also include all pertinent amendments, mergers or consolidations. If a change of name of a corporate title holder is disclosed in any records required by these standards to be searched, the search should be made under both the new name and the former name from the date of the name change. Land Contract vendees must be searched as fee owners. (B) New Indexes and Records It is the responsibility of all searchers to keep informed as to the creation of new indexes subsequent to the adoption of these Search Standards. -
Lesson 4: Transferring Ownership 2 Title Title: Abstract Concept Referring to Real Property Ownership Rights
1 Real Estate Principles of Georgia Lesson 4: Transferring Ownership 2 Title Title: Abstract concept referring to real property ownership rights. Cloud on title: Problem with owner’s title (such as interest claimed by someone else). Also called a title defect. 3 Alienation Alienation: Process of transferring real property ownership (title) from one party to another. y May be voluntary or involuntary. 4 Alienation Voluntary alienation Voluntary alienation: Owner voluntarily transfers interest in land to someone else. Examples: y Patents y Deeds y Wills 5 Voluntary Alienation Patents and deeds Patent: Instrument used to convey government land to a private individual. Deed: Instrument used to convey title to real property from a grantor to a grantee. 6 Deeds Parties to a deed Grantor: One who grants interest in real property to another. Grantee: One who receives grant of real property. 7 Deeds Types of deeds General warranty deed Special warranty deed 1 Grant deed Bargain and sale deed Quitclaim deed Deeds executed by court order 8 Types of Deeds General warranty deed General warranty deed contains grantor’s covenants to grantee: y covenant of seisin y covenant of right to convey y covenant against encumbrances y covenant of quiet enjoyment y covenant of further assurance y covenant of warranty forever 9 Types of Deeds General warranty deed Covenant of seisin: Promise that grantor actually owns property interest being transferred. Covenant of right to convey: Promise that grantor has legal power to make conveyance. 10 Types of Deeds General warranty deed Covenant against encumbrances: Promise that property is not burdened by undisclosed easements, liens, etc. -
Title Examinations and Title Issues
CHAPTER 7 Title Examinations and Title Issues R. Prescott Jaunich, Esq. Downs Rachlin Martin PLLC, Burlington Timothy S. Sampson, Esq. Downs Rachlin Martin PLLC, Burlington § 7.1 Introduction ................................................................................. 7–1 § 7.2 Marketable Title .......................................................................... 7–4 § 7.2.1 Vermont Title Standards ............................................... 7–4 § 7.2.2 Common Law Marketable Title—Permits as Encumbrances ............................................................... 7–6 § 7.2.3 Vermont Marketable Record Title Act ........................ 7–10 (a) Person ................................................................ 7–11 (b) Unbroken Chain of Title .................................... 7–11 (c) Conveyance ....................................................... 7–12 (d) Preserved Claims Under the Act ........................ 7–13 § 7.3 Conveyancing Requirements .................................................... 7–15 § 7.3.1 Vermont Deed Customs .............................................. 7–15 § 7.3.2 Deeds by Trustees and Deeds to Trust ........................ 7–17 § 7.3.3 Deeds by Executors, Administrators and Guardians .. 7–17 § 7.3.4 Deeds by Divorce Judgment ....................................... 7–18 § 7.3.5 Probate Decree ............................................................ 7–18 § 7.4 Identifying the Real Estate and Property Descriptions .......... 7–18 § 7.4.1 Reference to Prior Deeds and Instruments -
Judgments & Liens in Virginia: a Real Estate Agent's Perspective
Judgments & Liens in Virginia: A Real Estate Agent’s Perspective Kay M. Creasman, Assistant VP & Counsel Student Handout Judgments & Liens in Virginia 2.14 page 1 of 10 I. Background When a debtor owes money to a creditor one option for collection is for the creditor to sue the debtor to obtain a judgment. A common misconception is the expectation that when the creditor wins in court the debtor pays up. Often that is not the case. The creditor has to pursue additional legal procedure to collect: garnish wages or a bank account (collecting against intangible personal property); force personal property to be sold (collecting against tangible personal property); or force real estate to be sold (collecting against real property). If the case was heard in a Virginia Circuit Court, an abstract of the case will be automatically docketed (recorded) among the land records in the Circuit in which the case was heard. It the case was heard in Virginia General District Court, or in a federal court, additional steps must be taken to docket the judgment in a Circuit Court record room. One effect of docketing is to have the lien be good for 20 years, with the creditor having the option to extend the time for an additional 20 years. (Va. Code § 8.01-251) Another effect of docketing is to have the lien automatically attach to real estate in that locality owned by the debtor, whether the property was owned when the judgment was obtain, or whether it was acquired after the judgment was docketed. Most creditors don’t take it any further.