Revised October, 2013 NSBA Real Estate Practice Guidelines Committee Approved by NSBA House of Delegates, October, 2013 Revised October, 2013 NSBA Real Estate Practice Guidelines Committee Approved by NSBA House of Delegates, October, 2013 4.4 Identification Of Relationship Of Plural Grantees IV-4 4.5 Conveyances - Omission Of Date IV-5 4.6 Conveyance By A Conservator Under The Nebraska Probate Code IV-6 4.7 Documentary Stamps IV-7 4.8 Conveyances To A Fiduciary IV-8 CHAPTER V. HUSBAND AND WIFE 5.1 Land Not Homestead - Nonjoinder Of Wife In Conveyance – Dower V-1 5.2 Homestead - Dower Curtesy, & Inchoate Statutory Right Of Inheritance – Failure To Mention In Conveyance V-2 5.3 Marital Status - Designation As "Widow" Or "Widower” V-3 5.4 Spouse - Joinder Of In Action V-4 5.5 Conveyance Of Entire Estate Unless Qualified V-5 5.6 Effect Of Decree Of Divorce V-6 5.7 Spouse Need Not Join Conveyance By Non-domiciliary V-7 CHAPTER VI. JUDICIAL PROCEEDINGS 6.1 Failure To Release Lis Pendens VI-1 6.2 Failure To Appoint Guardian Ad Litem VI-2 6.3 Constructive Service On Defendant VI-3 6.4 Foreclosure - Lack of Certificate Of Satisfaction VI-4 6.5 Foreclosure - Death of Owner Of Equity Of Redemption VI-5 6.6 Constructive Service On Unknown Defendants And Unknown Heirs VI-6 6.7 Tax Foreclosure - Owner Unknown - Land Made A Party VI-7 6.8 Constructive Service - Fictitious Defendants VI-8 6.9 Proof Of Mailing Of Copy Of Published Notice VI-9 6.10 Affidavit Of Mailing Of Notice VI-10 6.11 Joinder Of Spouse In Action VI-11 CHAPTER VII. MORTGAGES, DEEDS OF TRUST, LIENS & ENCUMBRANCES 7.1 Mortgage Release - Failure To Include Book And Page VII-1 7.2 Easement - Effective Of Lien Or Encumbrance Against VII-2 7.3 Judgment Liens - Effect On Equitable Interest VII-3 7.4 Federal Lien - Right Of Redemption By United States VII-4 7.5 Special Lien For Federal Estate & Gift Taxes VII-5 7.6 Trust Deed; Trustee Qualifications VII-6 7.7 Judgment – Effect of Discharge in Bankruptcy VII-7 CHAPTER VIII. NAMES 8.1 Names - Abbreviations VIII-1 8.2 Corporations - Abbreviations & Variations VIII-2 8.3 Slight Discrepancy In Names VIII-3 8.4 Use Or Non-Use Of Middle Names Or Initials VIII-4 Table of Contents – Page 2 CHAPTER IX. DECEDENTS & DECEDENTS' ESTATES 9.1 Fiduciary Conveyances IX-1 9.2 Necessity Of Recording Probate Documents IX-2 9.3 Inheritance Tax Determination Of Status IX-3 9.4 Inheritance Tax Lien On Interest Passing To The Surviving Spouse IX-4 9.5 Probate Of Foreign Will IX-5 9.6 Showing Of Filing Of State Estate Tax Return IX-6 9.7 Joinder By Surviving Spouse IX-7 9.8 Conveyance By Distributee IX-8 9.9 General Encumbrance & Tax Liens IX-9 9.10 Conveyance When No Local Administration- Foreign Personal Representative IX-10 9.11 Status OfTitle When No Deed Of Distribution Has Been Issued From Personal Representative IX-II 9.12 Succession To Real Property By Affidavit In Small Estates IX-I5 9.I3 CHAPTER X. STATUTES OF LIMITATION, REPOSE & CURATIVE ACTS I 0.1 Construction Liens - Statute Of Limitations X-1 10.2 Judgments - Lien - Dormancy - Revivor X-2 10.3 Mortgages- Lapse Of Time- Action Barred Record Ceases To Be Constructive Notice X-3 10.4 Inheritance Tax Lien- Nonpayment Of Tax- Statute Of Limitations X-4 I0.5 Federal Estate Tax Liens X-5 I0.6 Real Estate Contracts- Lapse Of Time- Action Barred- Record Ceases To Be Constructive Notice X-6 10.7 Duration Of Lien Tax Foreclosure Decrees X-7 10.8 Repeal Of Curative Statutes X-8 10.9 Validity Of Fiduciary Conveyances X-9 10.10 Validity Of Personal Representative Conveyances X-9 CHAPTER XI. MARKETABLE TITLE 11.1 Marketable Title Act: In General XI-I 11.2 Marketable Title Act: Possession XI-3 11.3 Marketable Title Act: Commencement of Chain XI-4 CHAPTER XII. BANKRUPTCY 12.1 Bankruptcy Search - County Where Land Located XII-I 12.2 Bankruptcy Trustee Deed Requirements XII-2 CHAPTER XIII. AFFIDAVITS, ACKNOWLEDGMENTS, RECITALS & JURATS 13.1 Affidavit Of An Interested Party XIII-I 13.2 Acknowledgment -Certificate- Nonresident Officer XIII-2 13.3 Notaries- Expiration Of Commission Xlll-3 ! 13.4 Recitals In Conveyance - Prima Facie Evidence XIII-4 i 13.5 Affidavits Of Individuals XIII-5 Table of Contents- Page 3 CHAPTER XIV. TRUSTS 14.1 Undisclosed Trusts - Authority Of Trustee XIV-1 14.2 Sale By Testamentary Trustee, Prior To The Nebraska Probate Code, January 1, 1977 XIV-2 14.3 Conveyances To A Fiduciary XIV-2 CHAPTER XV. MINERAL INTERESTS 15.1 Unreleased, Forfeited Oil & Gas Leases XV-1 15.2 Oil & Gas Leases Released By Attorney-in-Fact XV-2 CHAPTER XVI. POWERS OF ATTORNEY 16.1 Requirements for Conveyance by Attorney-in-Fact XVI-1 16.2 Conveyance by Agent Acting for a Trustee or Other Fiduciary XVI-2 16.3 Transactions in which an Attorney-in-Fact is Acting for his or her XVI-3 own Account as well as that of the Principal 16.4 Power of Attorney: Acceptance and Rejection XVI-4 CHAPTER XV11. TRANSFER ON DEATH DEEDS 17.1 Transfer of Death Deeds: Transfer on Death Deeds Found of Record. Validity XVII- 1 and Effectiveness of Transfer on Death Deeds. 17.2 Transfer on Death Deeds: Revocation. XVII- 2 17.3 Transfer on Death Deeds: Power of Attorney. XVII - 3 17.4 Transfer on Death Deeds: Transferor; Beneficiary Has Predeceased Transferor. XVII - 4 17.5 Transfer on Death Deeds: Transfer on Death found of Record. Transferor XVII - 5 Intends to Sell or Encumber the Real Property Described in the TOD Deed, or some part thereof. 17.6 Transfer on Death Deeds: Transferor is Deceased; No Revocation is of Record; XVII - 6 Beneficiary’s Duties. 17.7 Transfer on Death Deeds: Transfer on Death Deed of Record; No Revocation XVII - 7 of Record; Proof of Death of Transferor(s) of Record; Sale or Encumbrance by Beneficiary. 17.8 Transfer on Death Deeds: Legal Entities as Beneficiaries. XVII - 8 17.9 Transfer on Death Deeds: Property Subject to Security Instrument or Other XVII - 9 Lien or Encumbrance of Record 17.10 Transfer on Death Deeds: Whether Subsequent Deeds in Chain of Title After XVII- 10 Transfer on Death Deeds are Consistent or Inconsistent With the Transfer on Death Deed and Whether or Not the Transfer on Death Deed is Revoked Thereby if There is No Specific Revocation. Table of Contents – Page 4 APPENDIX App-1 I. Background Of Nebraska Real Estate Title Standards App-1 II. Standards Which Apply To Former Law App-2 Standard No. 3: Description - Estates, Inventory, Or Final Decree App-3 Standard No. 4: Descriptions - Short Form Administration App-3 Standard No. 14: Foreign Wills - Probate, Equitable Conversion App-3 Standard No. 26: Decedents' Estates - Irregularities Made Immaterial By Special Limitations App-4 Standard No. 27: Decedents' Estates - Notice To Creditors App-6 Standard No. 29: Wills & Decrees of Distribution - Necessity Of Filing In The Office Of The Register Of Deeds App-6 Standard No. 36: Order Barring Claims In Estate Proceedings App-7 Standard No. 55: Determination Of Heirs On Probate Of Will App-7 Standard No. 60: Powers Of Conservator App-7 Standard No. 63: Notice To Creditors App-7 Standard No. 68: Mailing of Published Notice App-8 Standard No. 72: Executor's Deed Under Power Of Sale App-8 Standard No. 88: Conveyance By Personal Representative Pursuant To Court Order App-8 Standard No. 100: Effect of Subdivision of Conveyance App-9 III. Cross Reference Table App-12 Table of Contents – Page 5 (This page left intentionally blank) NEBRASKA REAL ESTATE TITLE STANDARDS PREFACE In 1993, there were 103 Title Standards which had been adopted by the Nebraska State Bar Association. The standards were numbered consecutively from the first standard adopted through the 103rd standard adopted without any organization or codification by topic. Originally, standards were reviewed and proposed by the Nebraska State Bar Association Title Standards Committee. With the increased emphasis on use of title insurance rather than abstracts of title during the l970's and early 1980's, the work of the Committee devolved more to suggesting procedures in handling title transactions than in the practice of examining abstracts. The committee recommended to the Executive Council and the House of Delegates of the Association that its name be changed to the "REAL ESTATE PRACTICE GUIDELINES COMMITTEE". In the winter of 1992 - 1993, the Real Estate Practice Guidelines Committee commenced a review of existing standards to determine their accuracy, viability and content, and of areas in which additional standards relating to the practice of real estate law and handling of real estate transactions may be needed. The committee established seven subcommittees. Certain existing standards and topics for consideration of additional standards were assigned to each subcommittee. Subcommittee members reviewed the content and language of standards and of the comments to standards; amended existing standards and comments; suggested and adopted new standards; and determined that certain standards should be placed in a category of "former" or "historical" standards for edification of lawyers on reviewing former procedures. Following is the result of this study, consisting of 15 chapters with a range from a low of two standards to a chapter to as many as 11 standards to a chapter. The Appendix includes a brief discussion of the development of title standards within the Nebraska State Bar Association and the text of standards which had previously been adopted but have now been consigned to the historical category.