08 Oct

Q & A | Inheritance for Collateral Kindred

Q:  When there is an intestate death, and the decedent did not have a surviving spouse or children or parents, leaving siblings as the heirs at law,  do half brothers and/or half sisters inherit the same percentage interest as a full brother or sister? A: No, the half brothers/sisters only inherit half as much as a

10 Sep

Q & A | Can I use a Mexican Matricula Consular (I.D. Card) as a form of identification for a notary acknowledgment?

Q: Can I use a Mexican Matricula  Consular (I.D. Card) as a form of identification for a notary acknowledgment? A: No. The Texas Civil Practices and Remedies Code sets forth the statutory rules for taking acknowledgments and states:   “(a)  An officer may not take the acknowledgment of a written instrument unless the officer knows or

13 Aug

Q & A | Issuing a T-1R Owner’s Title Policy

Q: Do I always issue a T-1R Owner’s Title Policy if the property is “residential” real property? A: No. You should issue the T-1R only when the property is “residential real property and the insured is a natural person.” When the purchaser of residential real property is a business entity (e.g. Big Investor, LLC) you

16 Jul

Q & A | Sale, Conveyance, or Encumbrance of Homestead

Q: Why does the title company require joinder of both spouses on a conveyance or mortgage of a homestead property when it is the separate property of just one spouse, because it was purchased prior to marriage or there is a prenup agreement? A: Section 5.001 of the Texas Family Code, captioned SALE, CONVEYANCE, OR

25 Jun

Q & A | R-5 “Simultaneous Issue” Rule

Q: When a purchaser who is executing a purchase money note and deed of trust for the purchase of real property is required to put up additional real property as collateral for the loan, can I issue the Owner’s Title Policy and the Lender’s Title Policy under the R-5 “Simultaneous Issue” rule? A: No. In