TITLE STANDARDS October 10, 2019 10305 ICLE: State Bar Series

Total Page:16

File Type:pdf, Size:1020Kb

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. This publication was created to serve the continuing legal education needs of practicing attorneys. ICLE does not encourage non-attorneys to use or purchase this publication in lieu of hiring a competent attorney or other professional. If you require legal or other expert advice, you should seek the services of a competent attorney or other professional. Although the publisher and faculty have made every eff ort to ensure that the information in this book was correct at press time, the publisher and faculty do not assume and hereby disclaim any liability to any party for any loss, damage, or disruption caused by errors or omissions, whether such errors or omissions result from negligence, accident, or any other cause. The Institute of Continuing Legal Education of the State Bar of Georgia is dedicated to promoting a well organized, properly planned, and adequately supported program of continuing legal education by which members of the legal profession are aff orded a means of enhancing their skills and keeping abreast of developments in the law, and engaging in the study and research of the law, so as to fulfi ll their responsibilities to the legal profession, the courts and the public. Printed By: HOW CAN WE HELP YOU? Who are we? How does SOLACE work? What needs are addressed? SOLACE is a program of the State If you or someone in the legal Needs addressed by the SOLACE Bar of Georgia designed to assist community is in need of help, simply program can range from unique medical those in the legal community who email [email protected]. Those emails conditions requiring specialized referrals have experienced some significant, are then reviewed by the SOLACE to a fire loss requiring help with clothing, potentially life-changing event in their Committee. If the need fits within the food or housing. Some other examples lives. SOLACE is voluntary, simple and parameters of the program, an email of assistance include gift cards, food, straightforward. SOLACE does not with the pertinent information is sent meals, a rare blood type donation, solicit monetary contributions but to members of the State Bar. assistance with transportation in a accepts assistance or donations in kind. medical crisis or building a wheelchair ramp at a residence. Contact [email protected] for help. The purpose of the SOLACE program is to allow the legal community to provide help in meaningful and compassionate ways to judges, lawyers, court personnel, paralegals, legal secretaries and their families who experience loss of life or other catastrophic illness, sickness or injury. TESTIMONIALS In each of the Georgia SOLACE requests made to date, Bar members have graciously stepped up and used their resources to help find solutions for those in need. A solo practitioner’s A Louisiana lawyer was in need A Bar member was dealing Working with the South quadriplegic wife needed of a CPAP machine, but didn’t with a serious illness and in Carolina Bar, a former rehabilitation, and members have insurance or the means the midst of brain surgery, paralegal’s son was flown of the Bar helped navigate to purchase one. Multiple her mortgage company from Cyprus to Atlanta discussions with their members offered to help. scheduled a foreclosure on (and then to South Carolina) insurance company to obtain her home. Several members for cancer treatment. the rehabilitation she required. of the Bar were able to Members of the Georgia and negotiate with the mortgage South Carolina bars worked company and avoided the together to get Gabriel and pending foreclosure. his family home from their long-term mission work. Contact [email protected] for help. iii FOREWORD Dear ICLE Seminar Attendee, Thank you for attending this seminar. We are grateful to the Chairperson(s) for organizing this program. Also, we would like to thank the volunteer speakers. Without the untiring dedication and eff orts of the Chairperson(s) and speakers, this seminar would not have been possible. Their names are listed on the AGENDA page(s) of this book, and their contributions to the success of this seminar are immeasurable. We would be remiss if we did not extend a special thanks to each of you who are attending this seminar and for whom the program was planned. All of us at ICLE hope your attendance will be benefi cial as well as enjoyable We think that these program materials will provide a great initial resource and reference for you. If you discover any substantial errors within this volume, please do not hesitate to inform us. Should you have a diff erent legal interpretation/opinion from the speaker’s, the appropriate way to address this is by contacting him/her directly. Your comments and suggestions are always welcome. Sincerely, Your ICLE Staff Jeffrey R. Davis Executive Director, State Bar of Georgia Michelle E. West Director, ICLE Rebecca A. Hall Associate Director, ICLE AGENDA PRESIDING: Hilary Herris Fentress, Program Chair; Vice President and Georgia State Counsel, Chicago Title Insurance Company, Commonwealth Land Title Insurance Company, Atlanta 7:30 REGISTRATION AND CONTINENTAL 11:30 EXECUTIONS AND ATTESTATION – CHAPTER 4 BREAKFAST (All attendees must check in upon AFFIDAVITS AND RECITALS – CHAPTER 6 arrival. A jacket or sweater is recommended.) Michael Cotton, Chicago Title Insurance Company and Commonwealth Land Title Insurance 8:10 WELCOME AND PROGRAM OVERVIEW Company, Atlanta Hilary Herris Fentress 12:00 LUNCH (Included in registration fee.) 8:15 PROFESSIONALISM IN REAL ESTATE PRACTICE: IF WE DON’T HAVE STIMULUS 12:30 TRANSFERS AND AGENTS – CHAPTER 8 HABITUATION TO CALM OURSELVES, WHAT CONVEYANCES BY AND TO TRUSTEES – DO WE RELY ON? HINT: IT’S PROBABLY BAD CHAPTER 29 FOR YOU. AND OTHER TOPICS. Michael C. Obertone, Stewart Title Guaranty T. Matthew Mashburn, Aldridge Pite LLP, Atlanta Company, Roswell 9:15 EASEMENTS/SURVEYS – CHAPTER 38 1:15 TITLE STANDARDS AND LAWYER LIABILITY Kyle J. Levstek, Calloway Title and Escrow LLC, Jennifer M. Guerra, Carlock Copeland & Stair LLP, Atlanta Atlanta 9:45 BREAK 2:15 BREAK 10:00 THE BASICS 2:30 ENTITY CONVEYANCES INSTRUMENTS THE TITLE EXAMINER – CHAPTER 1 EXECUTED BY CORPORATIONS – CHAPTER 9 USE OF THE RECORD – CHAPTER 2 CONVEYANCES INVOLVING LIMITED NAME VARIANCES – CHAPTER 3 PARTNERSHIPS – CHAPTER 10 Mark S. Robinson, Old Republic National Title CONVEYANCES INVOLVING GENERAL Insurance Company, Alpharetta PARTNERSHIPS – CHAPTER 11 CONVEYANCES INVOLVING LIMITED 10:45 DECEDENT’S ESTATE – CHAPTER 13 LIABILITY COMPANIES – CHAPTER 12 Tania R. Tuttle, McLain & Merritt PC, Atlanta Nathan P. Sycks, McManamy McLeod Heller LLC, Alpharetta 3:15 ADJOURN TABLE OF CONTENTS FOREWORD ........................................................................................................................... 6 AGENDA ................................................................................................................................ 7 TITLE STANDARDS: PROFESSIONALISM IN REAL ESTATE PRACTICE: IF WE DON’T HAVE STIMULUS HABITUATION TO CALM OURSELVES, WHAT DO WE RELY ON? HINT: IT’S PROBABLY BAD FOR YOU. AND OTHER TOPICS. .....................................................10 EASEMENTS/SURVEYS – CHAPTER 38 ..................................................................................76 THE BASICS: THE TITLE EXAMINER – CHAPTER 1 USE OF THE RECORD – CHAPTER 2 NAME VARIANCES – CHAPTER 3 ..........................................................................................79 DECEDENT’S ESTATE – CHAPTER 13 ................................................................................... 126 EXECUTIONS AND ATTESTATION – CHAPTER 4 AFFIDAVITS AND RECITALS – CHAPTER 6 ...........................................................................173 TRANSFERS AND AGENTS – CHAPTER 8 CONVEYANCES BY AND TO TRUSTEES – CHAPTER 29 .........................................................179
Recommended publications
  • 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.
    [Show full text]
  • The Dischargeability of Debts in Bankruptcy
    Vanderbilt Law Review Volume 15 Issue 1 Issue 1 - December 1961 Article 2 12-1961 The Dischargeability of Debts in Bankruptcy Paul I. Hartman Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Bankruptcy Law Commons Recommended Citation Paul I. Hartman, The Dischargeability of Debts in Bankruptcy, 15 Vanderbilt Law Review 13 (1961) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol15/iss1/2 This Article 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]. The Dischargeability of Debts in Bankruptcy Paul I. Hartman* To many debtors, the discharge is the raison d'etre of the bankruptcy laws. In this article, Professor Hartman discusses the history of the dis- charge, its availability and application in certain situations, and its per- sonal nature. I. INThODUCrION From the viewpoint of the bankrupt debtor, a discharge from his obliga- tions is, no doubt, the most important facet of bankruptcy proceedings. The bankruptcy discharge is designed to relieve the honest debtor from his financial entanglements, and to give him an opportunity to reinstate him- self in the business world.' A debtor is now entitled to a discharge as a matter of right, unless he has been guilty of certain specified offenses against the Bankruptcy Act.2 For many generations the idea of a discharge from one's debts has been the relieving feature of bankruptcy. However, it has not always been so.
    [Show full text]
  • PHLF News Publication
    Protecting the Places that Make Pittsburgh Home Pittsburgh History & Landmarks Foundation Nonprofit Org. 1 Station Square, Suite 450 U. S. Postage Pittsburgh, PA 15219-1134 PAID www.phlf.org Pittsburgh, PA Address Service Requested Permit No. 598 PHLF News Published for the members of the Pittsburgh History & Landmarks Foundation No. 160 April 2001 Landmarks Launches Rural In this issue: 4 Preservation Program Landmarks Announces Its Gift Annuity Program Farms in Allegheny County—some Lucille C. Tooke Donates vent non-agricultural development. with historic houses, barns, and scenic Any loss in market value incurred by 10 views—are rapidly disappearing. In Historic Farm Landmarks in the resale of the property their place is urban sprawl: malls, Through a charitable could be offset by the eventual proceeds The Lives of Two North Side tract housing, golf courses, and high- remainder unitrust of the CRUT. Landmarks ways. According to information from (CRUT), long-time On December 21, 2000, Landmarks the U. S. Department of Agriculture, member Lucille C. succeeded in buying the 64-acre Hidden only 116 full-time farms remained in Tooke has made it Valley Farm from the CRUT. Mrs. Tooke 12 Allegheny County in 1997. possible for Landmarks is enjoying her retirement in Chambers- Revisiting Thornburg to acquire its first farm burg, PA and her three daughters are property, the 64-acre Hidden Valley excited about having saved the family Farm on Old State Road in Pine homestead. Landmarks is now in the 19 Township. The property includes a process of selling the protected property. Variety is the Spice of Streets house of 1835 that was awarded a “I believe Landmarks was the answer Or, Be Careful of Single-Minded Planning Historic Landmark plaque in 1979.
    [Show full text]
  • Of Iowa Code
    GENERAL INDEX This index is intended to describe general subject matters and law concepts and to identify their locations within the 2014 Iowa Code. In comparison to the Skeleton Index, the General Index is more comprehensive and detailed in the listing of subject matters and concepts, their locations within the Iowa Code, and cross-references. 28E AGREEMENTS, see JOINT POWERS AND AUTHORITIES 4-H CLUBS, §163.47, §174.13, ch 673, §717E.3 401(K) PLANS, see RETIREMENT PLANS 403(B) PLANS, see RETIREMENT PLANS 527 ORGANIZATIONS, see CAMPAIGN FINANCE 529 PLANS, see EDUCATIONAL SAVINGS PLANS 911 SERVICE, see EMERGENCY COMMUNICATIONS ABANDONED PROPERTY, §15.291 – §15.295, ch 318, §321.89 – §321.91, §327G.76 – §327G.79, §446.19A, §446.19B, §455B.190, ch 555B – ch 556, ch 556B, ch 556F – ch 556H, §562A.29, §562B.27, §631.1, ch 657A, §717B.8, §727.3 ABANDONED VEHICLES, ch 318, §321.90, §321.91 ABANDONED WELLS, §455B.190 ABANDONMENT OF CHILD, see FOUNDLINGS; NEGLECT ABANDONMENT OF PERSON, see NEGLECT ABANDONMENT OF SPOUSE, see NEGLECT ABDUCTION, §598B.301 – §598B.317, ch 710 ABETTING CRIMINAL OFFENSES, see AIDING AND ABETTING ABORTIFACIENTS, ch 205 ABORTION DISEASE, see BRUCELLOSIS ABORTIONS, ch 135L, §144.29A, ch 146, §216.13, §232.5, §707.7 – §707.8A ABRAHAM LINCOLN’S BIRTHDAY, see LINCOLN, ABRAHAM ABRASIONS, see WOUNDS ABSCONDERS, see FUGITIVES ABSENTEE VOTING, ch 53 ABSENTEES, §633.510 – §633.520, §633.580 – §633.585 ABSTRACTS OF TITLE, see TITLES (PROPERTY) ACADEMIC INSTITUTIONS, see COLLEGES AND UNIVERSITIES; SCHOOLS ACADEMIC LIBRARIES, see
    [Show full text]
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • The Gifted Child in the Intermediate Grades
    Eastern Illinois University The Keep Masters Theses Student Theses & Publications 1956 The iG fted Child in the Intermediate Grades Nelle Phillips Eastern Illinois State College Recommended Citation Phillips, Nelle, "The iG fted Child in the Intermediate Grades" (1956). Masters Theses. 4563. https://thekeep.eiu.edu/theses/4563 This Dissertation/Thesis is brought to you for free and open access by the Student Theses & Publications at The Keep. It has been accepted for inclusion in Masters Theses by an authorized administrator of The Keep. For more information, please contact [email protected]. THE GIFI'ED CHil..D IN THE INTERMEDIATE GRADES ; � ' A Substantial Paper written in Par tial Fulfillment ot the Requirements for the Degree Master of Science in Education at Eastern Illinois State College by Nelle Phillips -- July 1956 TABLE 0 F CONTENTS CHAPTER PAGE :roRWORD • • • • • • • • • • • • • • • • • • • • • • • • • ii I. THE GIFl'ED•-IN RETROSPECT • • • • • • • • • • • • • l II. DEFINITIONS OF GIFI'EDNESS AND METHODS OF SELECTION BY THE SCHOOL • • • • • • • • • • • • • I+ III. PROBLEMS 0 F THE G IFl'ED • • • • • • • • • • • • • • 12 IV. CURRICULUM ADJUSTMENTS • • • • • • • • • • • • • • 21 Acceleration • • • • • • • • • • • • • • • • . 21 Segregation • • • • • • • • • • • • • • • • • • • 27 " Enrichment • • • • . • • • • • • • • • • • • • • • 32 V. SOME RECOMMENDED SOLUTIONS IN THE LOCAL SITUATION • • • • • • • • • • • • • • • • • • • • )6 BIBLIOGRAPHY • • • • • • • • • • • • • • • • • . .. 43 FOREWORD Education of the gi�ed is a major problem facing America today. The potent ialities of these children constitut e our country's greatest source of future leadership, yet they are the neglected children in our schools today. Much has been done, even within our own school unit to further the cause of the retarded , through good testing programs and the establishment of an Educable Mentally Handicapped Room. We know to what degree these children are retard ed but in most cases we can only estimat e the degree of acceleration of the gifted.
    [Show full text]
  • Mississippi Title Examination Standards
    MISSISSIPPI TITLE EXAMINATION STANDARDS SECOND EDITION (Originally adopted effective as of August 1, 2019; Updated effective as of August 1, 2021) Copyright © 2021 Real Property Section of The Mississippi Bar All rights reserved. No copyright is claimed in the text of statutes, regulations, rules, and excerpts from court opinions quoted within this work. FOREWORD Background In 2018, the Executive Committee of the Real Property Section of The Mississippi Bar (the “Section”) approved the formation of a committee to study the formulation and development of title examination standards. After a great deal of study of the use of title examination standards in other states and many hours of drafting and meeting time, the committee (the “Title Standards Board” or “Board”), proposed the first Mississippi title examination standards, which were approved by the Section at The Mississippi Bar Annual Meeting on July 12, 2019, as the first Mississippi title examination standards (the “Standards”). The Board will meet as needed to consider additional standards, amendments to existing standards, and commentary. Amendments and new standards will be presented to the membership of the Section prior to formal adoption by the Section. The Board itself will make changes to the comments and cautions as needed. The Board welcomes comments and suggestions, which may be submitted to the Section chair. Purpose The Standards are guidelines intended to assist land title attorneys (hereinafter referred to as “title examiners” or as an “examiner”) called upon to assess the marketability of land titles, focusing on the manner in which a prudent examiner approaches matters that may be encountered during the course of an examination.
    [Show full text]
  • (2007-165) 2007 Vt
    Lively v. Northfield Savings Bank (2007-165) 2007 VT 110 [Filed 05-Oct-2007] NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions, Vermont Supreme Court, 109 State Street, Montpelier, Vermont 05609-0801 of any errors in order that corrections may be made before this opinion goes to press. 2007 VT 110 No. 2007-165 Jeffrey W. Lively and Rebecca L. Lively Supreme Court On Appeal from v. Washington Superior Court Northfield Savings Bank, Kenneth Bayley d/b/a September Term, 2007 Prime Choice Builders and Mortgage Electronic Registration Systems, Inc. Mary Miles Teachout, J. William L. Durrell of Benjamin, Bookchin & Durrell, P.C., Montpelier, for Plaintiffs-Appellants. Chad V. Bonanni of Bergeron, Paradis & Fitzpatrick, LLP, Essex Junction, for Defendant- Appellee Mortgage Electronic Registration Systems, Inc. PRESENT: Reiber, C.J., Dooley, Johnson, Skoglund and Burgess, JJ. ¶ 1. DOOLEY, J. In this judgment-lien-foreclosure action, the plaintiffs, Jeffrey and Rebecca Lively, challenge a decision of the superior court, granting summary judgment to defendant, Mortgage Electronic Registration Systems, Inc. (MERS). The court concluded that plaintiffs had failed to perfect their judgment lien against debtor, Kenneth Bayley, because the court issuing the judgment misspelled debtor’s surname and failed to include in the judgment order the date on which the judgment became final. The superior court also determined that, even if the judgment lien was enforceable against debtor’s property, the lien was junior to defendant’s security interest, because at the time the judgment was recorded, debtor and his former wife held the property at issue as tenants by the entirety.
    [Show full text]
  • 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.
    [Show full text]
  • 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
    [Show full text]
  • The Title Opinion: an Overview
    The Title Opinion: An Overview A title opinion may only be drafted by a licensed attorney. This overview is provided only for educational use and does not constitute and may not be used to give legal advice. The first step in a title opinion is a title search. A title search entails the detailed review of real property records in the county where the land is located. Each state maintains a recording system, which is like a library made up of title-related documents. In West Virginia, real property records are stored in the county clerk’s office. These records include copies of deeds, mortgages, and other instruments that convey an interest in real property to a new owner. The county also maintains estate records, which become relevant when land is given to a new owner through a will. One step in a title search is researching the chain of title: an attorney develops a full chronology of how the property has transferred between owners. For example, A deeds to B; B deeds to C; D inherits property from C; D deeds to E; E mortgages to X; E deeds to F subject to X’s mortgage; X executes a satisfaction of the mortgage; F deeds to G; and so forth.1 The history of the property is frequently much more complicated because, for example, properties may be divided into multiple parcels or conveyed to multiple owners. After the chain of title has been established, the title attorney will identify other encumbrances and activities appearing in the records that have the potential to cloud title.
    [Show full text]