Deeds

News & Analysis as of

Alterations Don’t Always Render a Deed Void (or How NOT to do Foreclosure Investing)

Most real estate investors assume that when a deed is altered by someone other than the grantor, without the grantor’s knowledge or consent, before it is recorded, then the deed is void and conveys no title, even as to bona...more

What’s In A Title?

While it is true that you most often cannot tell much about a book by its title, the same does not hold true when it comes to real estate, as how title is held to real estate, does tell you a lot. The question faced by a...more

Real Estate Tip: Foreclosure Confusion

The financial crisis has taught us a great deal about the mortgage transfer business, secondary markets and loan securitization. In the Spring 2014 issue of the Real Property, Trust & Estate Law Journal, Prof. Dale A. Whitman...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending December 12-26, 2014 & January 2, 2015

REAL PROPERTY UPDATE - - Quiet Title: investor who pooled money with two other entities to purchase property could not quiet title after the two entities recorded second version of deed that omitted investor’s name...more

Mortgage Recording: What Happens When There Is An Extra “E”?

Weiss v. JPMorgan Chase Bank, N.A. (In re Thibault), 518 B.R. 635 (Bankr. D. Mass. 2014) – A chapter 7 trustee sought to avoid a mortgage using his “strong-arm” powers on the basis that it was not properly recorded...more

Recorded Documents: Who Loses When A Document Is Not Properly Indexed?

Agin v. Dookhan (In re Hultin), 516 B.R. 190 (Bankr. D. Mass. 2014) – A chapter 7 trustee sought to avoid a transfer of the debtor’s real property using his “strong arm” powers based on an argument that the deed...more

Waiver of Florida Spousal Homestead Rights by Deed Upheld

A recent Florida appellate decision finds that the joinder of a spouse on a deed of homestead property to a trust constitutes a valid waiver of homestead rights, even though the deed contains no waiver language....more

Subordination Agreements with General Contractors are Enforceable

Lenders know that recording their construction deeds of trust after the commencement of construction is risky because of the possibility of losing priority to mechanic’s liens. A recent case sheds light on a strategy lenders...more

Real Estate Tip – Confusing Precision with Accuracy

In a recent EPA case, Natural Resources Defense Council, v. United States Environmental Protection Agency, a federal circuit court found against the agency’s decision to allow a product’s registration because of a rounding...more

Real Estate and Land Use - October 2014

Accepting a Permit “Under Protest” Does Not Work in the Coastal Zone - (Lynch v. California Coastal Commission (2014) 229 Cal. App. 4th 658): Why it matters: Lynch v. California Coastal Commission firmly dispels the...more

Illinois Court Holds That Tax Deed Was Not Void For Lack Of Proper Notice

Excalibur Energy (“Excalibur”) attempted to void a tax deed for certain property for which the defendant, Marilyn Rochman, also claimed ownership. To achieve this end, Excalibur filed a new action in circuit court for...more

“Ladybird Deed” Language Removed from Michigan Tax Guidelines

Many people have heard of a "Ladybird Deed," but few understand how Ladybird Deeds work. In essence, this type of deed allows property to pass automatically upon an individual's death without the need of probate, offering a...more

Freddie Mac Announces Numerous Servicing Policy Updates

On June 3, Freddie Mac announced revisions to numerous servicing policies, including policies regarding, among other things, short sales and deeds-in-lieu of foreclosure (DILs), the CFPB’s mortgage servicing rules, and...more

Rumors of the Death of “Title Washing” Are Greatly Exaggerated

On May 9, 2014, the Pennsylvania Superior Court reinvigorated a practice in Pennsylvania known as “title washing,” which has gained importance in recent years due to the development of the Marcellus Shale. Herder Spring...more

Mainebiz Real Estate Insider – Enfeoffing Your Emblements: Losing Lawyer Language

The next time you review a deed that you receive from your lawyer, check it for the word “behoof.” It typically occurs in the phrase “..and to its and their use and behoof forever.” If you find it, call your attorney and ask...more

When’s it OK to Re-record a Deed?

To err is human. Even careful people sometimes make mistakes. When deeds contain errors, correction and re-recordation may be an acceptable remedy. But what kinds of corrections are acceptable? Who may make the corrections?...more

An Action To Quiet Title Is Necessary To Lift A Condition Recorded In A Deed Restriction

During the land use approval process the reviewing board often grants an approval subject to the imposition of certain conditions. An applicant is usually so thrilled to secure an approval that they readily agree to the...more

NEW CASE ALERT (Easement Law): The Area Of An Express Easement May Be Limited By Its Historical Use

If an express easement does not specifically identify the area of use, then the scope of permitted use may be limited to the historical use of the easement. (Rye v. Tahoe Truckee Sierra Disposal Company, Inc., 2013 WL 6578784...more

Agreements for Sale of Portions of Parcels may be Invalid

A recent decision by the California First District Court of Appeal serves as a useful reminder of the importance of properly documenting any agreement to sell a portion of a legal parcel....more

Transfer on Death Deed

Here is an estate planning note that will help those who are using living trusts — consider using a transfer on death deed. Kudos to the Virginia General Assembly for recently enacting legislation allowing for the...more

Title Troubles In Texas, North Dakota And Montana: Mineral Reservations To Third Parties

The Title Question - Harold Smith, the owner of Blackacre, and his wife, Wendy Smith, execute a deed covering all of their interest in Blackacre to Tiger Drilling....more

Trustee Could Void Sale Due To Mistake Discovered Before Delivery Of Deed

The California Supreme Court recently addressed the issue of whether a trustee may void a nonjudicial foreclosure sale of real property because the trustee discovered prior to the delivery of the deed to the highest bidder...more

Side Agreement Voids Charitable Deduction

Most tax attorneys perk up when they hear the term “side agreement.” Oftentimes, the side agreement is simply a method to hide a part of a transaction from the IRS, that if known to the IRS would likely have adverse tax...more

Legal Alert: Holder of Deed Need Not Be Holder of Note to Foreclose, Georgia Supreme Court Rules

The Georgia Supreme Court held this week that the holder of a security deed need not also hold the underlying note to exercise the power of sale in accordance with the terms of the security deed. You v. JP Morgan Chase Bank,...more

McAfee & Taft AgLINC Ag & Equine Industry Newsletter - May 2013: What does your deed say?

McAfee & Taft regularly represents clients in connection with the purchase, sale and financing of agricultural real estate. Issues that arise in these transactions include all the issues that are routinely attendant to real...more

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