the official publicati of the American Land Title Association

•

November, 1969 President's Message

NOVEMBER, 1969

Yes sir, it could well be a rough year! As we all pause at the end of this one and gather our strength for the next, the Washing­ ton staff has come up with an excellent project that I heartily endorse and which will start this winter. It is called "Operation Grassroots" and is designed to give the staff an indication of the needs of the abstracters and trends in their business. This will be accomplished by visits to individual ab­ stracters' offices in various states. An accumulation of written reports of these visits will be a use­ ful review of abstracting as it exists in much of the nation. Planned structuring of the visits is as follows: 1. Presenting an outline of ALTA services and literature now available to abstracters. 2. Asking the abstracter for his opinion about areas where ALTA programs and services can be strengthened for his benefit. 3. Asking the abstracter for basic, non-confidential information on his business over the past five years. Questions are to cover percentage increase or decrease in gross income, expense, and profit; errors and omissions insurance; increases in service charges; business relationship with land title underwriters; employee benefits including workmen's compensation and ALTA Group Insur­ ance; improvement in plant, equipment, and systems; and diversification of business activity. 4. Discussion that might suggest editorial ideas for Title News articles. Since this operation is to start this winter and entails much travel by car, the staff is not going to be so stupid as to begin in Wisconsin, Minnesota, or North Dakota. No sir! They are going to start in some warm climate! The Research Committee also is going to start on some statistics-gathering from the abstrac­ ters. We know no more about the abstracting end of the industry than the insurance end. The gathering of research material about title insurance companies is of paramount importance at this time for obvious reasons and the Committee is very busy with that project, but soon will start on the abstracters side of the ledger. When they approach you, please give generously of your time and ideas in reply to them.

Sincerely,

Thomas J. Holstein litle News the official publication of the American land Title Association

Association Officers Features President Thomas J. Holstein A Time for Important Public Land Decisions 2 Lacrosse County Title Company Lacrosse, Wisconsin American Banker Article Details Land Title Industry Philosophy 5 Vice President Alvin W. Long ALTA Group lnsurance Grows 6 Chicago Title and Trust Company Chicago, 1llinois Part I: ALTA Judiciary Committee Report 12 Chairman, Finance Committee Hale Warn Departments Title Insurance and Trust Company Los Angeles, California President's Message Inside Front Cover Treasurer State Association Corner James G. Schmidt Commonwealth Land Title Minnesota 7 Insurance Company Pennsylvania Philadelphia, Nevada 7 Chairman, Abstracters and Title Insurance Agents Section Wyoming 7 John W. Warren District of Columbia 8 Albright Title and Trust Company Newkirk, Oklahoma North Dakota 9 Chairman, Title Insurance and Underwriters Section Names in the News I 0 James O. Hickman Meeting Timetable 16 Transamerica Title Insurance Company Denver, Colorado ON THE COVER: Members of the 1969-70 ALTA Executive Com­ Immediate Past President mittee enjoy a relaxed moment after being installed in office October 1 Gordon M. Burlingame 1969 Annual Convention at Atlantic City. From left are The Title Insurance Corporation during the of Pennsylvania Tom Holstein, president of LaCrosse (Wis.) County Title Company, Bryn Mawr, Pennsylvania president; John Warren, vice president of Albright Title and Trust Com­ pany, Newkirk, Okla., chairman of the Abstracters and Title Insurance Association Staff Agents Section ; Al Long, president of Chicago Title and Trust Com­ Executive Vice President pany, vice president; Jim Hickman, executive vice president of Trans· William J. McAuliffe, Jr. america Title lnsurance Company, Midwest Division, Denver, chairman of the Title Insurance and Underwriters Section; Hale Warn, president Secretary of Title Insurance and Trust Company, Los Angeles, finance committee B. Goodin Michael chairman; and Jim Schmidt, president of Commonwealth Land Title Director of Public Relations Insurance Company, Philadelphia, treasurer. Gordon Burlingame, chair­ Gary L. Garrity man of the board of The Title Insurance Corporation of Pennsylvania, Bryn Mawr, Pa., immediate past president, was unable to be present Business Manager for this picture. David R. Mclaughlin VOLUME48, NUMBER 11, 1969 General Counsel Association TITLE NEWS is published monthly by American Land Title Association, 1725 Eye Street, N.W., Washin[?ton, D. C. 20006; (phone) 202-296-3671 Thomas S. Jackson Jackson, Gray & Laskey 1701 K Street, NW GARY L. GARRITY, Editor Washington, D.C. 20006 he next six months are the cru­ T cial ones in the life of the Public Land Law Review Commission. Most of the Commission's initial, though tentative, decisions regarding recom­ mendations for the nation's future public land policy must be made this year, for the final report to Congress and the President .is due on June 30, 1970. Allowing for printing time, less than four months of "work time" for final decisions will be available to the review body in 1970. Anticipating this decision-making year, the Commission staff scheduled its study contracts and in-house stud­ ies during the past three years so as to ensure the completion of most of our studies during 1969. A review of the Commission's progress since it was created in 1964 will be helpful in understanding the development of this study program and the current status of the work. The Act establishing the Public Land Law Review Commission be­ came law September 19, 1964, direct­ ing the Commission to study all of the laws, regulations, policies, and practices pertaining to the retention, management, and disposition of the public lands. Under terms of the Act, the Commission must recommend disposal and retention policies that will enable the general public to realize the maximum benefit from its public lands, which comprise one­ third of the nation. The reporting date was set for December 31, 1968, but this was changed by a 1967 act granting the Commission an exten­ sion of time and funds. A Time for Important The Commission held its organiza­ tional meeting July 14, 1965, elect­ ting Representative Wayne N. Aspin­ all (D-Colo.) as chairman, H. Byron Public Land Decisions Mock of Salt Lake City, Utah as vice chairman, and the author as staff director. The Commission charged the direc­ tor with the responsibility of assemb­ ling a staff of technicians and formu­ Milton A. Pearl, Director lating and pursuing a research pro­ gram to the extent that might be nec­ Public Land Law Review Commission essary to provide it with all of the legal background and factual data required. Realizing that it would be virtually impossible to obtain services

2 NOVEMBER, 1969 of all of the various types of special­ information of the Committee mem­ had examined the scope of the work ists that we might need and that it bers.1 for which we were responsible. They would be efficient not to build a large were: :i All people interested in the reten­ staff, we concentrated on obtaining tion and management or disposition Digest of Public Land Laws the services of highly specialized at­ of the public lands were asked to sub­ History of Public Land Law De­ torneys and others such as foresters, mit their views, even though the velopment mining engineers, economists, and groups to which they belonged were Projections of the Consumption of wildlife and range specialists to serve represented on the Advisory Council. Commodities Producible on the on the staff-with the bulk of our re­ In an effort to obtain the widest pos­ Public Lands of the United search to be accomplished under con­ sible input and insights from those States, 1980-2000 tract with individuals, universities, who had actual experience on the Revenue Sharing and Payments in and consulting firms. public lands and could not come to Lieu of Taxes At a meeting August 18, 1965, the Washington, it was decided to go to Withdrawals and Reservations of Commission named 25 persons from them. On June 7, 1966, the first of a Public Domain Lands the non-federal sector to its Advisory series of public meetings was held for Outer Continental Shelf Lands of Council. At the same time, in re­ the purpose of hearing views from the United States sponse to an invitation from the anyone who cared to appear and Administrative Procedures and the chairman, the Secretaries of the In­ present views on public land matters. Public Lands terior, Agriculture and Defense, the This was the first of a series that took Fish and Wildlife Resources on the Attorney General, the administrator the Commission into I 0 regions of the Public Lands of General Services, the chairman of country: north into Alaska above the Federal Land Laws and Policies the Atomic Energy Commis ion, the Arctic Circle, south to New Orleans, in Alaska chairman of the Federal Power Com­ and on both the Atlantic and Pacific Development, Management, and mission, and the administrator of the coasts. By the end of the final meet­ Use of Water Resources on the Housing and Home Finance Agency ing in Washington, D .C., on January Public Lands (now Department of Housing and I I and 12, 1968, testimony from Federal Legisl ative Jurisdiction Urban Development) designated liai­ more than 900 witnesses had been Land Grants to States son officers to work with the Com­ heard by the Commission. Impact of Public La n d s on mission and serve on the Advisory Selected Regional Economies Council. More recently, the Secretary During the summer of 1966, we Federal Public Land Laws and of Commerce has so designated a also embarked on the first parts of Policies Relating to Intensive liaison officer. The chairman also in­ our research program, which resulted Agriculture vited the state governors to designate in the publication of two volumes Public Land Timber Policy representatives to work with the that are fundamental to our work Forage Resource of the Public Commission and all 50 of them re­ and to that of individuals and org­ Lands sponded favorably. anizations concerned with the recom­ Noneconomic Impacts of Public The first joint meeting of the Com­ mendations to be made by the Public Lands 4 Land Law Review Commission. mission with its Advisory Council was Regional and Local Land Use These volumes are a Digest of Public held in Washington, D.C., with the Planning Land Laws, prepared under contract governors' representatives in attend­ Trespass and Unauthorized Use of for us by Shepard's Citations, Inc., and ance in March, 1966. At that time, the Public Lands a History of Public Land Law De­ objectives to be pursued in Commis­ Nonfuel Minerals velopment, prepared by Professor sion studies and specific areas to be Energy Fuel Minerals Paul Wallace Gates of Cornell Uni­ studied in depth were discussed and Federal Competitive and Non­ versity with a chapter by Professor the views of these advisors received. competitive Oil and Gas Leas­ Robert W. Swenson of the University ing Systems After consultation with the mem­ of Utah.2 Oil Shale on Public Lands bers of the Commission, the Advisory At a meeting of the Advisory Coal resources on Public Lands Council, governors' representatives, Council on November I 0, 1966, we Geothermal Steam Resources of and specialists, on June 1, 1966, we identified 25 subjects for intensive the Public Lands completed a program paper provid­ study and concerning which manu­ Outdoor Recreation Use of the ing a blueprint for the objective, func­ scripts would be prepared. This list­ the Public ing of 25 · subjects had grown as we tions, and operations of :1 Design of specifics for some of these studies Land Law Review Commission. This had a I ready been undertaken and research work was being accomplished in connection with program paper was transmitted to the 1 Committee Print No . 21, 89th Congress, 2d others. Session, June 3, 1966. ·I More recently, having determined that non­ House Committee on chairman of the :! These publications are available from the economic impacts are all identifiable in the Interior and Insular Affairs and pub­ Superintendent of Documents, Government Print· broad scope of environmental and ecological ing Office, Washington, D.C., 20402, at $6.50 factors, we have decided to consolidate the two lished as a Committee print for the and $8.25, respectively. subjects into one manuscript.

TITLE NEWS 3 Public Lands them prepared by contractors tinder view of the energy fuels study is Criteria to Judge Facts to Deter­ our supervision: separated into five segments: (1) re­ mine Maximum Benefit for the source portion, (2) legal study of General Public Inventory Information on Public coal, ( 3) legal study of oil and gas Federal Public Land Laws and Lands leasing, ( 4) legal study of oil shale, Policies Relating to Use and Land Acquisitions and Exchanges and (5) legal study of geothermal Occupancy Disposal Techniques and Proce­ steam. dures User Fees and Charges for Public Based on our own evaluation of Environmental and Ecological Fac­ Lands and Resources the scope and program and consider­ tors to be Considered in All Uses Organization, Administration, and ing the fact that the work of the of the Public Lands Budgetary Policy Commission had started approximately Adjustment of Use Rights Appraisal Techniques and Proce­ a year behind schedule, we recom­ Federal Public Land Laws and dures Utilized in Connection mended an amendment of the act Policies Relating to Multiple Use with Actions Related to Federal creating the Commission in order to on Public Lands Public Lands provide additional time and money. Demand on Public Lands Some of the subjects have been On December 18, 1967, the Com­ State Land Policies divided so th at more than one con­ mission was granted an 18-month ex­ After further review of our work, tractor was or is involved. The legal tension of its reporting date to June we found it necessary to add to the and resource portions of both non­ 30, 1970, and an increase from $4 research program the following subj­ fuel minerals and intensive agricul­ million to $7.39 million appropria­ jects concerning which we proposed ture each were accomplished under tions was authorized to complete its to also prepare manuscripts or have two separate contracts; and our re- full study program. This was the first timetable and money estimate made by the Com­ mission , the earlier schedules of time Members, Public Land and money having been established before the Commission was created. Law Review Commission The Congress having responded to the Commission request, we will .sub­ CHAlRMAN: Honorable Wayne N. Aspinall mit our report by the date set by statute and within the limit of ap­ APPOINTED BY THE PRESIDENT OF THE UNITED STATES: propriations authorized to be made. Laurance S. Rockefeller, New York City, New York In the meantime, the research Philip Hoff, Burlington, Vermont program had been proceeding and by H. Byron Mock, Salt Lake City, Utah (Vice Chairman) fall of 1968 we received our first Robert Emmet Clark, Tucson, Arizona contractor manuscript. On Novem­ Dr. Maurice K. Goddard, Harrisburg, Pennsylvania ber 8, 1968, the Commission, for the Mrs. Nancy E. Smith, San Bernardino, California first time, met with its Advisory Council and governors' representatives APPOINTED BY THE PRESIDENT OF THE SENATE: to review specific subject matter cov­ Henry M. Jackson, Senator from Washington ering reports. At that meeting, the Clinton P. Anderson, Senator from New Mexico Revenue Sharing and Payments in Alan Bible, Senator from Nevada Lieu of Taxes and Withdrawals and Gordon Allott, Senator from Colorado Reservations subjects were discussed. Len B. Jordan, Senator from Idaho The publication of the History of Paul J. Fannin, Senator from Arizona Public Land Law Development, re­ ferred to above, was announced at APPOINTED BY THE SPEAKER OF THE HOUSE OF the same time. REPRESENTATIVES: Arrangements have been completed Walter S. Baring, Representative from Nevada to have all manuscripts, whether Roy A. Taylor, Representative from North Carolina prepared by staff or by a contractor, Morris K. Udall, Representative from Arizona published and offered for sale by the John P. Saylor, Representative from Pennsylvania Clearinghouse for Federal Scientific Laurence J. Burton, Representative from Utah and Technical Information of the Department of Commerce. Pending John Ky!, Representative from Iowa publication, access to the manu­ DIRECTOR: scripts may be had either at the Com- Milton A. Pearl Continued on page 14

4 NOVEMBER, 1969 American Banker Article Details Land Title Industry Philosophy

(Editor's note: One of the nation's by overcharges for its premiums. fe rs similar coverage equal to the most prestigious financial trade pub­ Then it becomes the task of land ti­ amount of the mortgage. If owner's lications recently carried an ALTA tle industry members to patiently at­ insurance is obtained at the same time article that concisely states the land tempt education of their accusers in lender's insurance is purchased, the title industry operating phi losophy. the vast differences between land ti­ additional cost normally is small. Title The article appeared in the Septem­ tle insurance and auto and casualty insurance is available for a single pre­ ber 29 edition of American Banker insurance. Thus far, such educational mium with never a renewal, and the under the byline of William J. efforts have been somewhat success­ coverage continues as Jong as the pur­ McAuliffe, Jr., ALTA executive vice ful. These efforts have been made be­ chaser or his heirs remain in owner­ president. It reads as follows.) cause of concern that public misun­ ship. This one-time premium is mod­ * * derstanding might some day lead to est in comparison with the total of ince the first title insurance pol­ unwise regulation-and lower quality charges generally regarded as real es­ S icy was issued in Philadelphia in title services to real estate investors tate closing costs. 1876, it has been the nature of the and lenders. It has been said that public misun­ land title industry to strongly empha­ The significance of land title work derstanding might be less if title in­ size the cure of title defects in its un­ can be seen in the growing insistence surance were not known as insurance derwriting. The allocation of a sub­ of real estate investors and lenders in at all-but rather as a service with a stantial share of premium income to prompt assurance of a good and mar­ warranty. Such a delineation would title investigation is, in the opinion of ketable title and on financial protec­ not be contrary to the origins of the titlemen, largely responsible for the tion against Joss from unforeseen ti­ land title industry, which began as an excellent security of titles and liquid­ tle defects. Title companies respond adjunct to banking or mortgage serv­ ity that are generally available to real to this need with the capability to ice-with emphasi.s on title investiga­ estate investors and mortgage lenders. quickly and efficiently search many tion rather than title underwriting. However, this peculiar method of op­ separately-located public records for Others have pointed out that a title eration also leads to one of the land title defects that could cause financial company would no more insure a ti­ industry's major problems-public loss, and with the subsequent issue of tle known to be seriously defective misunderstanding. title insurance to safeguard against than a fire loss underwriter would in ­ Typically, the problem of being loss from title defects even a thor­ sure a burning building. misunderstood begins when a poli­ ough search cannot reveal. As has been suggested earlier, much tician or journalist "discovers" the low Two types of title insurance exist: of the difficulty in understanding the loss ratios that title companies strive owner's and lender's coverage. Own­ land title industry seems to stem from to maintain as a measure of success er's insurance will pay claims against confusion of its operating philosophy in their work to maintain title security. a title as insured and pay for defense with the risk assumption principles of Strong charges in news media often of the title-in an amount up to the auto and casualty insurance. When follow, with casualty-insurance-ori­ full value of the policy, which usu­ the amount of time and money spent ented allegations that title insurance ally is equal to the purchase price of in land title search and investigation is a "low-risk" business characterized the real estate. Lender's insurance of- ,Continued on page 15

TITLE NEWS 5 Morton McDonald, Chairman ALTA Group Insurance Trust

ALTA Group Insurance Grows

wider selection of life and med­ higher optional schedule of life in­ expenses under the basic plan, even A ical benefits and financial savings surance; amounts of individual cov­ before major medical coverage is to participants have been announced erage will span between $4,000 and utilized. The importance of the by the ALT A Group Insurance Trust $40,000. The upper limit nearl y dou­ plan's increased health insurance cov­ as it moves into its twelfth year of bles the top amount of insurance pre­ erage is illustrated by figures that operation. viously available under the program. show hospital costs up 122 per cent, Since its inception in 1958, the in­ Premiums remain at the same low and medical costs in general up 45 surance program has paid out more group rate. per cent, in the past I 0 years. Since than half a million dollars in claims -Beginning in January, 1970, a its introduction in April, 1968, the to ALT A member companies and new option for employer selection program's medical plan has attracted their employees. in medical coverage that is designed growing interest among title compa­ These important developments were to better keep pace with escalating nies. reported by the program's trustees costs of health care. The option in­ -An announcement by the pro­ at a recent meeting in Washington, cludes an increased amount of cov­ gram's li fe underwriter, John Han­ D.C.: erage for hospital room and board cock Mutual Life Insurance Company, -Beginning in January, 1970, a to $45 a day, plus $900 for other Continued on page 16

Trustees of the American Land Title Association Group Insurance J. McAuliffe, Jr., ALTA executive vice president; Morton McDonald Trust review activities of a busy year. They are, from left, Robert M. (chairman), The Abstract Corporation, De Land, Fla.; and Richard E. Beardsley, Douglas County Title Company, Roseburg, Ore.; William Fax, Chicago Title Insurance Company.

6 NOVEMBER, 1969 treasurer; and J. F. Machacek, Title Insurance Company of Minnesota, elected to a three-year term on the board of directors.

Nevada Association Meets with Realtors

The Nevada Land Title Associa­ tion held its 1969 Annual Conven­ tion in conjunction with the Annual Convention of the Nevada Associa­ tion of Realtors in Reno September 12-14. Titlemen were among the fea­ tured program participants. Attendance Record Title Group Insurance Trust. Gerald Gordon M. Burlingame, The Title Gordon, president, North Dakota Insurance Corporation of Pennsyl­ Land Title Association, was among vania, and 1968-69 ALT A president, Set in Minnesota the distinguished guests. and Don E. Dixon, Lincoln, Neb., Officers for 1969-70 elected at the chairman of the National Association convention are K. B. Skurdal, Anoka of Real Estate Boards Washington Attendance at Minnesota Land Title Abstract & Title Guarantee Co., Inc., committee, addressed a morning gen­ Association's 1969 Annual Conven­ presiJent; P. R. Welshons, Dakota eral session. Robert Kratovil, vice tion in Duluth August 2 1-23 was the County Abstract Co., vice president; president, Chicago Title and Trust largest in MLTA history according to Winczewski, Winona County Abstract Company, spoke at a luncheon, dis­ A. L. Wi nczewski, association secre­ Company, Inc., re-elected secretary- cussing recent decisions affecting real tary. Speakers featured on the conven­ tion program were Tom Holstein, then Estes to Helm of Wyoming Association ALTA vice president and current ALTA president; John Connelly, Vern Estes, Big Horn Land Title & Title Co., Newcastle, Wyo., who Title Insurance Company of Minne­ Co., Basin, Wyo., has been elected was elected vice president. sota; Robert Babich, Northeastern president of the Wyoming Land Title Kenneth A. Araas, Wyoming Land Minnesota Development Association; Association, according to Frances Title Company, Green River, Wyo., and Carlton Crosley, Midwest Land Rossman, Weston County Abstract was elected secretary-treasurer.

Scenes from the Minnesota Land Title Association 1969 Annual Con­ president; J. F. Machacek, director; K. B. Sk urdol, president; F. L. Dahl­ man, director; E. R. Dreas, director; P. R. Welshons, vice president; vention find Tom Holstein, then ALTA vice president and current ALTA and A. L. Winczewski, secretory-treasurer. At right, newly elected president, going over his speech at left. A distinguished group of MLT A president Skurdol, left, receives the "Cutter" memorial gavel and MLTA officers is at center. They are, from left, N. E. Marstod, post congratulations from outgoing president Morstad.

TITLE NEWS 7 estate. Roy Drachman of Tucson, a sion of truth in lending regulation. Commercial Title, Inc.; and Sebie NAREB vice president, was a round The panel was made up of four Consolino, Transamerica Title Insur­ table discussion speaker. Reno title professionals: Harry Paul­ ance Co. Robert C. Bowers, secretary-treas­ sen, Nevada Title Guaranty Company; Emerson Wilson, Nevada Title urer of the Nevada Association of George Vicarai, Title Insurance and Guaranty Company, Reno, and 1968- Realtors, moderated a panel discus- Trust Company; Alan Brunet, First 69 NLTA p r e s i d e n t, moderated another all-Reno panel of title pro­ fessionals, who discussed title insur­ ance. Panelists were Bob Hall, Title Insurance and Trust C o m p a n y ; Tommy Thomas, Nevada Title Guar­ anty Company; Richard Stark, Law­ yers Title Insurance Corporation; and Pat Cimijotti, Fir.st Commercial Title, Inc. A third all-Reno panel of title pro­ fe.ssionals discussed escrows. Mod­ erator was Joe Allison of Lawyers Title Insurance Corporation, and pan­ elists were Brunet; Dale Rohl and Ron Bridge of Title Insurance and Trust Company; and Rachel Osborne of Transamerica Title Insurance Co. Lt. Gov. Ed Fike of Nevada also was a featured speaker at the con­ vention. NLTA officers for 1969-70 who were elected at the meeting include C. H. Bouchard, Lawyers Title of Las Vegas, Inc., president; Allison, first vice president; Robert S. DeLan­ gie, First Title Insurance Company, Las Vegas, second vice president; and Hall, secretary-treasurer.

D.C. Group Elects Mitchell President

Hubert A. Mitchell of Columbia Real Estate Title Insurance Company was installed as 1969-70 president of the District of Columbia & Metro­ politan Area Land Title Association during its first annual Awards Dinner September 20. (One of President Mitchell's first official acts was to foster a proposal to change the Association name from D.C. Land Title Association to the Memorable moments from the 1969 Awards Dinner of the District of Columbia & Metropolitan above listed designation. Members Area land Title Association are captured in the accompanying photographs. Michael Roll, left, subsequently approved the change, de­ mayor of District Heights, Md., and brother of the late Anthony W. Roll, who spent many years with lawyers Title Insurance Corporation before his death last year, presents the first annual signed to expand the Association's Anthony W. Roll Award to Wolfred V. Maki of lawyers Title, right. Ralph Smith, of Common­ scope to the surrounding metropolitan wealth land Title Company, chairman of the D. C. Association Awards Committee, is at center. area.) Also pictured is Hubert A. Mitchell of Columbia Real Estate Title Insurance Company, second Other officer.s installed are Ralph from left, who is congratulated by William J. McAuliffe, Jr., ALTA executive vice president, C. Smith of Commonwealth Land following his installation as 1969-70 D. C. Association president. Other D. C. Association officers installed at the affair are, from left, Bernard E. Roache of lawyers Title, treasurer; Fronk W. Title Company, vice president; Frank Marsolek, Shenandoah land Title Corporation, secretary; and Smith, who is now vice president. W. Marsalek of Shenandoah Land

8 NOVEMBER, 1969 Title Corporation, secretary; and Ber­ lined the challenges of the 1970's for personnel of title companies were in nard E. Roache of Lawyers Title the land title industry in a speech, attendance. Insurance Corporation, treasurer. and McAuliffe officiated at the instal­ Speakers on the program included: A highlight of the affair was pres­ lation of officers ceremony. Leo J. Sticka, president, North Da­ entation of the first annual Anthony kota. Register of Deeds Association; M. Roll Award, named in honor of John W. Warren, chairman, Abstract­ a distinguished titleman who died last Gillund Receives ND ers & Title Insurance Agents Section, year after many years of service with ALT A; the honorable Eugene J. Bur­ Lawyers Title. The 1969 award went Abstracter Award dick, member of the Judicial Coun­ to Walfred V. Maki of Lawyers cil which helped formulate the Uni­ Title, and was presented by Michael The Annual Meeting of the North form Commercial Code nationally; Roll, mayor of District Height.s, Md., Dakota Title Association was held and, Willard Webster, president of a and brother of the late Anthony Roll. September 12-13 at the Plainsman statewide firm specializing in civil In announcing the award recipient, Hotel, Williston, N.D., preceded by engineering and land surveys. Smith, chairman of the D.C. Asso­ an Abstracter's School, September 11. Roy Gillund, president, Barnes ciation's Awards Committee, cited Approximately 150 abstracters, rep­ Valley Abstract Co., was presented Maki's contributions as "co-author of resenting 50 companies, and other Continued on page 16 the District of Columbia Condomin­ ium Statute; who brilliantly resolved the obstacles in pending legislation to eliminate racial restrictions in the District of Columbia; who regularly works out practical underwriting solu­ tions to problems threatening com­ pletion of real estate transactions; and who walks and works in the footsteps of Anthony Roll." Gordon M. Burlingame, chairman of the board of The Title Insurance Corporation of Pennsylvania, Bryn Mawr, Pa., and 1968-69 ALTA presi­ dent, and William J. McAuliffe, Jr., ALTA executive vice president, were among the guests. Burlingame out-

Pictures from the North Dakota Land Title Association Annual Meet­ Abstract Company, and Mrs. Gordon; C. J. McConville, executive vice president, Title Insurance Company of Minnesota; John W. Warren ing include a view of Roy Gillund, left, Barnes County Abstract Com­ (chairman, ALTA Abstracters and Title Insurance Agents Section), vice by Ervin Engebrecht of Wells County pany, who is congratulated president, Albright Title and Trust Company, Newkirk, Okla.; Carl F. Abstract Company and Mrs. Dorothy Martin on his receipt of the Elliott (N DLTA secretary), president, Security Abstract Company, and Association Abstracter of the Year Award. In the other photograph, Mrs. Elliott; and A. D. MacMaster (convention chairman), Williams from left, are Gerald Gordon (N DLTA president) of LaMoure County County Abstract Company, and Mrs. MacMaster.

TITLE NEWS 9 office; and James A. Ohlinger, to as­ sistant secretary and treasurer. * * *

SNYDER KNOUSE PETERSON TURNER

CAVE

Pioneer National Title Insurance Company has announced that Joe Bob Cave has joined its Southwest Agency staff in Dallas, Tex. " tOSNOCHT TESTA RUCK CARROLL Leroy G. Snyder has been named to the newly created position of ex­ ecutive vice president at Berks Title Insurance Company, Reading, Pa. He formerly was vice president and man­ ager of the company's national de­ partment. Other promotions at Berks include Morris E. Knouse, to vice president and title officer and manager of the GAFFNEY RODERICH SCHERER national department; Eugene R. Fos­ nocht, to vice president and title of­ Security Title Insurance Company, retary and John P. Turner general ficer ; Thomas A. Testa, to assistant Los Angeles, has named John W. counsel of Chicago Title and Trust vice president of operations; C. Wayne Gaffney an assistant vice president. Company, parent concern of Chicago Keech, to assistant title officer at the He is corporate director of govern­ Title Insurance Company. Turner con­ company's Lancaster, Pa., office; ment agency sales. tinues as vice president and general Richard E. Yerger, to assistant title * * counsel of Chicago Title Insurance officer at the Wilmington, Del., branch; Company. Richard R. Kerber, to assistant title A. Edmund Peterson has been The company also announced the officer at the Reading headquarters elected senior vice president and sec- following personnel changes:

10 NOVEMBER, 1969 Frank J. Ruck, named a vice presi­ dent; William J. Carroll, named treas­ urer; Hans H. Roderich, appointed comptroller; Robert B. Scherer, to ac­ counting officer and manager of spe­ cialized accounting administration; John D. Ludwick, who was appointed assistant personnel officer and con­ tinues as manager of the employment and placement department; and ap­ GERSTNECKER McCULLOUGH HAINES pointment of Edward A. Fruth as benefits officer and Norma J. Walker which recently acquired the capital as assistant training officer. stock of Commonwealth Land Title. ;;: *

TICKNER TOMBLIN

SCHMIDT BALLANTINE RICKETTS

Allan K. Ricketts has been named executive vice president of Lauderdale Abstract and Title Co., Fort Lauder­ dale. Fla. ROEPER KLOONICKI

by the company include Frederick L. Tomblin, to vice president and man­ ager of the Colorado title office;

KUNKLE David P. Roeper, to assistant vice president and manager of national James G. Schmidt, Thomas A. Bal­ sales coordination; and Walter J. Klod­ lantine, and John H. Kunkle, Jr., have nicki, former manager of the Colorado been elected to the boards of di­ title office, who returns to Chicago rectors of Provident National Bank to assume responsibilities for a serv­ and Provident National Corporation. ice function being organized by the SELTZER Schmidt is president of Common­ company. wealth Land Title Insurance Com­ Arthur J. Seltzer has been elected pany. Kunkle is a Commonwealth president of Metropolitan Title Guar­ vice president and president of Union antee Company, New York, N.Y. Title Guaranty Company, Pittsburgh, Byron L. Davis, formerly president of Title Guarantee a Commonwealth subsidiary. Ballan­ the company, is now chairman of the tine is chairman of Louisville Title board. * ,:, ... Insurance Company, also a subsidiary Opens Larger Office of Commonwealth. Chester C. McCullough has been The Title Guarantee Company has named secretary of Chicago Title In­ opened new and enlarged quarters at William R. Gerstnecker has been surance Company, and will continue 400 West Main Street, Riverhead, elected to the board of directors of his duties as senior vice president. N .Y.-a community in which the Commonwealth Land Title lnsurance Robert T. Haines and Jack L. company has operated since 1925. Company, Philadelphia. He is vice Tickner have been elected vice presi­ Larry Wachter, vice president, is chairman of Provident National Bank dents and associate general counsels. branch manager of the office, having and Provident National Corporation, Other promotions recently announced held that position since 1965.

TITLE NEWS 11 if she died without children, the remainder should go to heirs of body of testatrix. Daughter had no chil­ dren born to her but adopted a child after the death of the testatrix. Heirs at law of testatrix sued purchaser from adopted child, and recovered Part I: ALTA Judiciary title. Court holds statute does not make adopted children either "issue," "heirs of the body," or natural "children" of the adoptive parents, Committee Report and unless will of .such third party shows clearly adopted children are intended to take, they will not.

(Editor's note: Members of the stract. Defendant moved to dismiss BANKRUPTCY ALTA Judiciary Committee have sub­ because its contract was with sellers In Re Braund, 289 F. Supp. 604 mitted over 400 cases to Chairman and there was no privity of con­ (Cal., 1968) John S. Osborn, Jr., executive vice tract with buyers. The trial court The court held that U.S. tax liens, president and general counsel, Louis­ sustarned this motion. arising from taxes which became due ville Title Insurance Company, for Held: Reversed and remanded. more than three years prior to da·te consideration in the preparation of Plaintiffs are third party beneficiaries of bankruptcy, did not extend or the annual Judiciary Committee Re­ of the contract between defendant attach to any property acquired or port. Chairman Osborn reports that abstractor and the sellers and may earned by bankrupt subsequent to his 142 cases have been chosen from bring this suit. discharge in bankruptcy. this number for the report-which Per the court: "However, this City of Amarillo v. Eakens, 399 begins in this edition of Title News case, Zweigardt v. Birdseye, 51 Mo. F. 2d 541 (Texas, 1968) and which will be continued in future App. 462, conflicts with the views Where, during proceeding for re­ issues.) expressed herein and should no organization of a corporation under longer be followed in cases where the Chapter X of the Bankruptcy Act, abstractor knows that the abstract is reorganization trustees filed objections ABSTRACTS OF TITLE to be used in a proposed sale to to tax claims submitted by local tax­ Brick v. Okloosa Title and Abstract advise the buyer." ing authorities and not previously Co., Inc., 404 F. 2d 889 (Fla., contested, bankruptcy court had juris­ 1968) diction in the matter and possessed This is an appeal from the judg­ ADOPTION power to make redetermination of ment of the District Court dismissing Schaefer v. Merchants National tax claims. count two of appellant's amended Bank of Cedar Rapids, 160 N W In Re Air and Space Manufactur­ complaint because the substance of 2d 318 (Iowa, 1968) ing, Inc., 394 F. 2d 900 (Ind., the complaint gave rise to liability Person claiming share of principal 1968) in contract rather than tort and, of trust brought action for declara­ Where petition was filed for re­ further, dismissing the complaint tory judgment to construe will and organization of debtor under Chapter upon the grounds of prescription. inter vivos trust. The Linn Di.strict X of the Bankruptcy Act, and there­ It is well settled under Florida Court found in favor of plaintiff, and after trustee filed a petition conclud­ law that an action against an ab­ adopted adult child of beneficiary of ing that it would be in the best stractor to recover damages for negli­ trust appealed. The Supreme Court interest of all persons to liquidate real gence in making or certifying an held that adopted adult child of and personal property of debtor, and abstract of title does not sound in beneficiary of trust was not entitled much of machinery of debtor was tort but must be founded on contract. to distribution of principal of trust precision equipment stored in un­ Sickler v. Indian River Abstract & under provision in codicil leaving heated building, and such storage Guaranty Co., 142 Fla. 528, 195 So. beneficiary's trust share to his "direct involved considerable expense, and 195 (1940). heirs". prompt ·sale thereof would avoid The judgment of the District Court Decker v. Elliott, 425 S W 2d 880 further deterioration of machinery, is affirmed. (Texas, 1968) district court had power to order a Slate v. Boone County Abstract Ida Decker devised life estate to sale in Chapter X proceeding. Co., 432 S. W. 2d 305 (Mo., 1968) her daughter with remainder at In Re Dania Corporation, 400 Plaintiff land buyers sue defendant daughter's death "if she ha·s any F. 2d 833 (Fla., 1968) abstractor for negligence failure to children, then said estate shall go and After petition for reorganization include a utility easement in the ab- belong to her child or children," but under Chapter X of the Bankruptcy

12 NOVEMBER, 1969 Act had been approved, district as originally given by common ance or mistake is entirely immate­ court may exercise its discretion in grantor, and against successor in in­ rial." ordering sale of all or a portion of terest of the original grantee, to whom assets of debtor and there is no boundary line was orally and visually BUILDING AND USE requirement that plan for reorganiza­ pointed out and established as well as tion must be submitted, nor that agreed to by seller and buyer at the RESTRICTIONS sale be in aid of reorganization, or time of the first sale. Shepherd v. State, 427 S. W. 2d that it await liquidation in straight Held: A visual line which was 382 (Mo., 1966) bankruptcy. located on ground and accepted by a Grantor plaintiffs reserved "the and grantee as the boundary Hayes v. Schaefer, Trustee in Bank­ grantor right of direct access for ordinary ruptcy, 399 F. 2d 300 (Ky., 1968) line of property grantee was pur­ farm or residential purposes . . . to chasing was controlling and binding thruway" in a deed to Husband and wife were tenants by and from such upon successors in interest of original commission. Plain­ the entireties of a Kentucky farm. The defendant highway grantee although it was at variance for declaratory judg­ wife became bankrupt and eight tiffs brought suit with the deed executed by the com­ claiming that the quoted clause months thereafter the husband died. ment mon grantor; this was not an action any residential purpose, in­ The trustee in bankruptcy sold the permitted a deed. buildings, duplexes, farm and the bankrupt claimed that to reform cluding apartment residences and single one-half of the proceeds should be multi-family Supreme Builders, Inc. v. Radmiles, family residences. paid to her; that she acquired title Md. 446, 243 At!. 2d 500 250 For plaintiffs. The restric­ to her husband's interest by his death (1968) Held: tion in the conveyance here is to be which was more than six months after Plaintiffs in an ejectment suit had strictly construed and will not be the bankruptcy. maintained the same yard with the extended by implication to include Held: · The death of one tenant by same boundaries, marked by bushes, anything not clearly expressed in it the entireties does not increase the continuously since 1933. and, if there is substantial doubt of interest of the other since from the Various surveyors who testified for its meaning, such doubt should be time the tenancy was created both both parties were in disagreement. resolved in favor of free use of the tenants were seized of the whole; the Plaintiff, wife, stated that they did property. surviving tenant by the entireties does not "claim any more than 150 feet With no Missouri case exactly in not inherit from the co-tenant, but of property" and that she did not point, court followed the majority rather the surviving spouse takes by "want any more than what ... (she) rule that the phrase "residential pur­ virtue of the deed. bought and paid for." poses" includes the use of land for Defendant insists that because of In Re Moore, 288 Fed. Supp. 887 apartment buildings, duplexes, multi­ that statement, the intention to hold (Cal., 1968) family and single family residences. Bankrupt owned certain real prop­ adversely is rebutted. Not so, says erty which had been determined to be the Court of Appeals quoting earlier Stockdale v. Lester, 158 N W 2d (Iowa 1968) exempt as a homestead. Proceedings decisions: "It has been said often in 20 The recorded plat of Orchard Hill were pending in state court to fore­ earlier cases that where a land owner provides that all lots in the close a lien on the property. The extends his fence, through inadvert­ Addition "shall be known, described and referee enjoined the lien foreclosure ence, ignorance or mistake, as to the plat solely as residential class Jots" action. location of the true boundary line, so used that no Jots should be re­ Held: The referee had no juris­ as to embrace the land of a neighbor, and subdivided to make any Jot smaller diction to restrain a lien foreclosure but with no intention of claiming the 70· feet x 120 feet. The in state court as to exempt property. area thus enclosed, adverse posses­ than of a proposed addition The fact that no objection had been sion cannot be established because proprietor purchased a lot in Orchard made to the referee's action makes the holding of the extended area is adacent Hill Addition 80 feet x 120 feet and no difference ·Since jurisdiction cannot neither adverse nor hostile to the to use 50 feet in width of be conferred by consent. The opinion true owner. See, for example. Davis proposed public street to provide indicates that the rule would probably v. Furlow's Lessee, 27 Md. 536. The this lot as a to the proposed addition. be different if the trustee had cus­ modern trend and the better rule is access While restrictive covenants tody or possession of the property. that where the visible boundaries have Held: existed for the period set forth in the on the free use of property are Statute of Limitations, title will vest strictly construed against the party BOUNDARIES in the adverse possessor where there seeking to enforce them, this rule Kay Corporation v. Anderson, 72 is evidence of unequivocal acts of applies only where the wording Wash. 2d 869, 436 P. 2d 459 ownership. In this view it is im­ of the restrictions is ambiguous. "Lot" (1968) material that the holder supposed the and "street" are two separate and Action to determine boundary line visible boundary to be correct or, in distinct terms with separate and dis­ of lot by owner holding title by virtue other words, the fact that the posses­ tinct meanings, and use of the lot of instrument defining the boundaries sion was due to inadvertence, ignor- as a street violated the rnstriction

TITLE NEWS 13 that it was to be used solely as a Commonwealth, that there is a need for one group at residential class lot. Further, the use one time to look at all facets of pub­ of the 50-foot strip for a street re­ Provident Exchange lic land policy. This concept has sulted in the remaining 30 feet be­ in no way been diluted by having a re­ coming a separate lot in violation of Provident National Corporation has search program divided into 33 sub­ the covenant against re-subdividing declared its exchange offer with jects identified for study. This was hereinbefore shown. shareholders of Commonwealth Land merely a matter of convenience. Case of first impression in Iowa. Title Insurance Company effective The interrelationship of these sub­ In Lawrence v. Harding, 225 Ga. September 15, 1969. More than 80 jects means, however, that the Com­ 148, 166 S. E. 2d 336 (1969) per cent of Commonwealth share­ mission cannot agree on any final The court was confronted with the holders accepted the holding com­ general recommendations or on any question whether a mobile home on a pany's offer of August 14, 1969. specific subject until all subjects have building lot constitutes a violation of Provident will exchange one share been considered. restrictive covenants. It was alleged of $1.80 cumulative convertible pre­ At a meeting of the Advisory that it violated the restriction pro­ ferred stock for each Commonwealth Council, with the governors' repre­ hibiting metal or brick siding on any share of common stock. sentatives in attendance, in the early building. The court held that the Commonwealth JOlnS Provident part of October, 1969, the Commis­ word "building" has no universal, in­ National Bank as a wholly-owned sub­ sion completed discussion of all of fexible meaning, but that a mobile sidiary of the Provident National the commodities and the .subjects home should be regarded as a build­ Corporation which began operations related to the basic framework of pub­ ing within the terms of the covenant August 14, 1969. lic land administration. During the since the evidence showed that it was remainder of this calendar year, the completely enclosed, had a porch Commission will continue its deliber­ attached, had concrete underpinnings, TIME FOR DECISIONS-Continued from page 4 ations on those subjects and begin a metal roof, and was served by pointing towards firming up its rec­ ·Sewerage, gas, water, and electricity. mission office, selected National Ar­ ommendations. It was contended that if the sub­ chives Regional Records Centers divider In January and February, the last had wished to keep mobile throughout the country, and at the homes out of the subdivision, it would two meetings of the Advisory Council Conservation Library, housed in the have been a simple matter to place with the governors' representatives Denver Public Library. an express prohibition in the restric­ will be held for the purpose of dis­ tive covenants, but the court said the As the discussions with the Ad­ cussing a variety of miscellaneous covenants were sufficient as drawn. visory Council and governors' rep­ subjects that bear on or influence resentatives was completed, the Com­ public land policy. Then the Commis­ Eisenstadt v. Barron, 252 Md. 358, mission took that subject up for the sion will arrive at the "countdown A tl. 250 2d 85 (1969) purpose of adopting tentative posi­ stage" as it starts to complete its Property in subdivision conveyed tions. Basing its discussions and final recommendations and report. subject to restriction that the lots cont:lusions on the testimony re­ We believe that the conduct of the shown on the plat shall be used for ceived from the public, the recom­ program has been such that we have residential purposes only and no mendations that have come in from all also laid a foundation for acceptance structure shall be erected thereon over the country, the views of the by the American people of the Com­ except a single dwelling. Held that use Advisory Council and governors' rep­ mission's recommendations. of property within the subdivision, as resentatives, and the products of the a means of road or waterline access lt has been our policy from the research performed or supervised by to an apartment house or houses on outset to bring the advisors into every the staff, we submit that the Com­ land adjoining the subdivision was not facet of our work. We have relied on mission has a solid foundation on a use permitted under the restrictions. them and they have responded. With which to base its ultimate recom­ every shade of opinion Grubel v. MacLaughlin, 286 F. represented, mendations. from groups interested in the Supp. 24 (Virgin Islands, 1968) retention and management or disposition of the Jn this case the restrictive covenants In order to meet the reporting public lands, we have had the benefit required the use of the property for deadline, the Commission and the of thought-provoking suggestions. At residential purposes only while the Advisory Council, with the governors the same time, discussions in the Ad­ zoning regulations made residential representatives in attendance, have visory Council , with governors' rep­ use unlawful and required use as a been meeting at least once a month. neighborhood shopping center. The Commission has also held addi­ resentatives participating, has pro­ vided Held: The restrictive covenant has tional meetings of its own in pursuit a forum in which it has been possible to determine that in been extinguished by the zoning regu­ of tentative positions referred to pre­ many areas lations. The court quoting with ap­ viously. competing users are more in agreement proval Section 568 of the Restate­ The concept of the Public Land than disagreement. ment of the Law of Property. Law Review Commission was and j.s The policy considerations being

14 NOVEMBER, 1969 reviewed cover the broad spectrum of lands, and, if so, in which instances? tion of whether, and if so, to what public land use and administration. For a long time, lending institu­ extent, public lands should be made We have been presenting the Com­ tions have been troubled by title re­ available for the expansion of existing mission with basic questions. Nothing ports that disclose that the United communities or for the development is taken for granted and no assump­ States has retained a mineral interest of totally new cities and towns? Many tions are made. -or even worse-a fraction of the people have looked to the public lands to help relieve the population pres­ While the ultimate objective of the mineral inte(est-in a piece of prop­ sures that have been burdening our Commission is to make recommenda­ erty that was settled upon or sold urban areas and will multiply in the tions keyed to the policy that the many years earlier. At the present time, the United States has some years ahead. And, any new develop­ public lands shall be retained and ment which would proceed under managed or disposed of all in a mineral interest in approximately 60 million acres of land, the surface of private ownership will, sooner or later, manner to provide the maximum ben­ result in title searches and insurance. efit for the general public, this final which is presumably being used for The foregoing sample of the type point is being reached step by step some definite purpose. Usually, this of policy considerations under re­ as each subject considers lands valu­ reservation is not known or remem­ view by the Commission serves to able for different purposes. In each bered until the surface owner de.sires demonstrate the scope of our work. instance, we raise the same question, to obtain a loan. With approximately six months to go, i.e., should lands chiefly valuable for The Public Land Law Review Com­ the Commission is determined to ex­ agriculture be transferred out of fed­ mission must consider, on the one amine all of these matters so that a eral ownership? Should lands chiefly hand, what to do with the mineral comprehensive report can and will be valuable for grazing be transferred reservations the United States now completed within the time limited. out of federal ownership? Should has, while on the other, whether the This truly is time for public land lands chiefly valuable for different government should, in future dispo­ decisions. types of mineral production be trans­ sitions of land, reserve unto itself all ferred out of federal ownership? or part of the mineral estate. And so on. Jn our review of appraisal tech­ niques and procedures, we are devel­ AMERICAN BANKER-Continued from page 5 The Commission is also concerned oping background information on how with the procedures or methods by is not acknowledged as necessary to to place a dollar value on a reserved which management and disposition security, it is relatively easy for an un­ mineral interest when the mineral activities are conducted. Here again, informed person to assume that most values are unknown. This study also we started with the basic, e.g., i.s land titles are simple and uncompli­ will focus on evaluation of other there a need for greater public par­ cated, and that title companies are types of interests that are acquired ticipation in rulemaking procedures of not taking on their "fair share" of or disposed of by the government. public land agencies? Other questions risk. The challenging task of the land regarding administrative prroccdures Our report will develop background title industry is to increase the public relate to such things as w h e t her information to consider the extent to knowledge and realization that elim­ administering agencies should be re­ which a uniform appraisal policy inating, rather than assuming, risk is quired to prepare substantive regula­ exists within the federal government; what brings greater security of titles. whether each department should ac­ tions instead of exercising responsibil­ Titlemen adhere to their high .stand­ complish its own appraisals ; and what ities, as some do now, primarily on ard of risk elimination in the belief organization will best meet program a case-by-case adjudication basis, that real estate investors and lenders needs and assure the public of equit­ with a corollary to that as to whether strongly prefer security of titles to the able treatment. Congress should expressly provide for higher incidence of loss payments that judicial review of public land adjudi­ Another matter that is of partic­ title insurance on casualty insurance cations. ular interest to members of the Amer­ principles would bring. A home buyer Jn getting into the detail of the ican Land Title Association is our wants the peaceful enjoyment of the various subjects, we have been bring­ study that we have labeled "use and home he has chosen-not a trouble­ ing to the attention of the Commis­ occupancy". Included within this sub­ some financial settlement coupled with sion various facets of land manage­ ject are such questions as what type the possible loss of his dwelling. Other ment and aisposition that have been of occupancies should be permitted investors, and mortgage lenders as • or could, in the future, be clouds on on public lands and the conditions un­ well, want the security a good and title. Many of these will be translated der which they should be allowed. marketable title can bring to a real Should public land be made avail­ into policy considerations for specific estate transaction. The low losses of able only in conformity with local examination in the decision-making the land title industry demonstrate zoning? Under what conditions should process. For example, should the that operation based on risk elimina­ United States, when it disposes of rights-of-way for various purposes be tion principles is the best way to public land, retain easements for given? achieve maximum land title security. access to public values on other public Of very great interest is the ques- If title companies operated on the

TITLE NEWS 15 risk assumption principles of casualty loss ratios would prove highly unac­ Other trustees are myself, Morton underwriters, a larger volume of loss ceptable to the public. In the opinion McDonald (chairman) of The Ab­ payment obligations would lessen the of these titlemen, the public interest stract Corporation, De Land, Fla.; degree of title security now on hand. is best served when title companies Richard E. Fox of Chicago Title Chances are excellent that the accom­ concentrate their resources on doing Jnsurance Company; and William J. panying rise in loss ratios would force everything possible to furnish the in­ McAuliffe, Jr., ALTA executive vice an increase in charges for title com­ vestor or lender with what he pay.s president. pany services and premiums. Leaders for-a secure investment in real es­ A publication containing latest in­ in the land title industry believe that tate. formation on the coverages of the conditions surrounding such higher program is scheduled for mailing in December. Those interested in enroll­ ALTA GROUP- Continued from page 6 ing in the program should write Bill Clark Joins that the total life insurance premium ALT A Group Insurance Trust. 1725 Eye Street, N.W., Washington, D.C. Abstract Board will be reduced approximately 10 per SD cent in l 970. This saving is to be· 20006. Bill Clark, owner of Clark Title passed along to those enrolled in the program, and to future partici­ Co., Aberdeen, S.D., has been ap­ ABSTRACTER AWARD-Continued from page 9 pointed to a five-year term on the pants. South Dakota Board of Abstract Ex­ -A decision by the program's the NDLTA Abstracter of the Year aminers by Governor Frank Farrar, trustees to declare a 10 per cent div­ Award. This award is presented an­ according to H a r o I d H. Schuler, idend on premiums paid for life in­ nually to a member of the associa­ Pierre, S.D., secretary of the South surance by participants as of April tion who has contributed to the well Dakota Land Title Association. 30, 1969. being and growth of the association. Clark is a former president of the -The nomination by the trustees NDTA officers re-elected for 1969- South Dakota Association. of Robert M. Beardsley of Douglas 70 are Gerald Gordon, LaMoure Marvin Gabel, Sioux Falls, S.D., County Title Company, Roseburg, County Abstract Co., president; Mrs. and Craig Brown, Canton, S.D., at­ Ore., as a fourth trustee of the pro­ Irene Fraser, Cass County Abstract torney, are the other members of gram was approved by the ALT A Co., vice president; and, Carl El­ the board. Both are in the abstract Board of Governors at a meeting dur­ liott, Security Abstract Co., secretary­ business. ing the 1969 Annual Convention. treasurer.

M. Edwin Prud'homme & Associates meeting t•metable Managemenr Consultants for the Land Title industry P. 0. Box 632 Austin. Texas 78767 Tel.: (5 12 ) 476-6116

1970

April 1-2·3, 1970 MID-WINTER CONFERENCE American Land Title Association December 3, 1969 The Roosevelt Hotel Louisiono Lond Title Association New Orleans, Louisiana Royal Orleans Hotel New Orleans, Louisiana October 14-15-16-17, 1970 ANNUAL CONVENTION American Land Title Association Wali:lorf-Astoria Hotel New York, New York

16 NOVEMBER, 1969

American Land Title Association