Blog

18 May

Q & A | Can “successors and assigns” and/or the “ISAOA” acronym be inserted on an Insured Closing Protection Letter issued in Texas?

Q: Can “successors and assigns” and/or the “ISAOA” acronym be inserted on an Insured Closing Protection Letter issued in Texas? A: No, that is not allowed in Texas and would be viewed as an impermissible alteration of a promulgated form by the TDI.  However, the Texas ICPL contains the following language, with emphasis added, that

20 Apr

Q & A | If a person owns separate property, what, if anything, is needed for title insuring purposes from the spouse when the property is being sold or when insuring a lien securing a loan?

Q:  If a person owns separate property, what, if anything, is needed for title insuring purposes from the spouse when the property is being sold or when insuring a lien securing a loan? A:  Keep in mind that only one spouse’s name on the deed does not automatically create separate property. In states with community

16 Mar

Q & A | Regarding FIRPTA, is a title agent required to complete the IRS forms and determine the amount to be withheld when a foreign person is selling property?

Q: Regarding FIRPTA, is a title agent required to complete the IRS forms and determine the amount to be withheld when a foreign person is selling property? ​A: No, and if a title agent does so, it might expose the agent to additional liability if the forms are not completed correctly and/or the amount withheld

20 Jan

Q & A | When we receive a contract for the sale of a 1-4 family residence and there is no HOA addendum attached, who pays for the resale certificate?

Q: When we receive a contract for the sale of a 1-4 family residence and there is no HOA addendum attached, who pays for the resale certificate? A: Effective Jan. 1, 2012, there was a new subsection (g) added to Section 5.012 of the Texas Property Code that provides as follows: (g)  The purchaser shall

16 Dec

Q & A | ATTENTION ALL NOTARIES!! NEW LAWS!! Did you know that there is a new law that affects your ability to acknowledge documents?

Q: ATTENTION ALL NOTARIES! NEW LAWS! Did you know that there is a new law that affects your ability to acknowledge documents? A: You do now. Effective January 1, 2016 a new notary law requires the Texas Secretary of State to issue identifying numbers to each notary when a commission is originally issued OR renewed;

18 Nov

Q & A | May we pay the property taxes for 2015 and insure that 2016 taxes are “not yet due and payable”?

Q: May we pay the property taxes for 2015 and insure that 2016 taxes are “not yet due and payable”? A: Short Answer is “no”.   Please read on as Procedural Rule P-20.C.1 contains the phrase “ for the year of the issuance of the Loan Policy or Interim Binder” therefore the “no” answer applies to all

14 Oct

Q & A | Will an Owner’s Policy provide insurance coverage for an illegal lot situation?

Q: Will an Owner’s Policy provide insurance coverage for an illegal lot situation (land division without compliance with the subdivision regulations and ordinances)? A: No, due to an Exclusion from Coverage found in the promulgated language of the jacket that excludes coverage for any loss, damage, costs, expenses, attorney’s fees  and/or the effect of a

12 Aug

Q & A | May a devisee under a probated will excute a formal disclaimer of their interest in the decedent’s estate in order to avoid the attachment of child support arrearages owed by said beneficiary?

Q: May a devisee (“beneficiary”), who would otherwise inherit property, real or personal, under a probated will execute a formal disclaimer of their interest in the decedent’s estate in order to avoid the attachment of child support arrearages owed by said beneficiary? A: No. Effective January 1, 2014, Texas Estates Code 122.107 states that a