When considering whether to enter into a contract to buy or sell property, you may come across various types of deeds by which title may be transferred. In Washington State, there are three common types of deeds that may be...more
Real property tax certificate sales provide a way for taxing authorities to collect delinquent taxes without having to foreclose on properties and take ownership. When the purchaser of the tax sale certificate obtains the...more
In a recent opinion by the Alabama Supreme Court in Smith v. Cameron (SC-2023-0495), the court issued an opinion affirming a trial court’s refusal to award mesne profits to a tax deed holder following the trial court’s order...more
You're negotiating to buy a piece of real estate and your attorney tells you that the seller is proposing to give you a "Special Warranty Deed" in exchange for all of the money you will pay. Special Warranty Deed - that...more
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •A federal district court in Montana has ruled that a conveyance of property by policyholders under a title...more
Daughter with Power of Attorney Had Burden to Show No Undue Influence over Father - Coscia v. Sweezey, 2021 WL 4765696 (Mass App. Ct. October 13, 2021) - Does holding a power of attorney from a parent in declining...more
Most bills filed in each legislative session fail. For the most part we are thankful for that. But today we summarize a few that survived while you weren’t paying attention. ...more
When Dad bought a house solely in his name, can Stepmother claim a community property interest after Dad has died? Perhaps yes. The answer lies at tricky intersections of California probate law and family law. While family...more
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •An appellate court in New York has ruled that a title insurance policy excluded coverage for a “Declaration and...more
Title insurance is inexpensive for a reason - Unlike other insurance policies, it is not prospective in nature. It does not cover title defects or liens that come into being after the effective date of the policy. ...more
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •The Supreme Court of Texas has ruled that a special warranty deed conveying real property limited the grantor’s...more
In my last post, “Real Estate Alphabet Soup: P is for Property” I continued my primer on the “alphabet soup” of real estate. This post continues to stir the “alphabet soup” with the letter “Q.”...more
“And if you believe that, I have a bridge I’ll sell you!” We’ve all heard this shop-worn expression. Its origin is the shenanigans of George C. Parker, who was famous (or, rather, infamous) for selling the Brooklyn Bridge...more
A Google search will reveal dozens of websites touting deed forms. It’s unnecessary to go to a website like that, because most states have official, statutory deed forms in their code. Deed forms may look simple. However,...more
Identity Theft in the Digital and Physical Worlds - Common sense is the best defense against identity theft – creating strong passwords for online accounts and monitoring personal credit reports and credit card statements...more
Considering transferring real estate by quit claim deed when your client is transferring his or her home to his or her Trust? Instead, consider transferring by warranty deed, in most instances, as a best practice. ...more
We frequently represent clients who have engaged in some type of transaction with his or her spouse during the marriage that inadvertently causes them to lose certain rights to property unknowingly. This often happens in the...more
After going through a divorce, many became so consumed about the divorce itself that it’s hard to know where to turn next. For many, it’s hard to finally accept that the divorce itself is done and now it’s time to move on and...more
Federal Circuit Summaries - Before Newman, O’Malley, and Reyna. Appeal from the United States District Court for the Southern District of New York. Summary: A co-inventor did not transfer ownership interests in a...more
In Arizona, a party successfully quieting title to property may recover its attorneys’ fees if it satisfies three requirements: (1) the party requests a quitclaim deed from the party adversely claiming title twenty days...more
In Roth v. Newpol et al., 91 Mass. App. Ct. 699 (May 31, 2017), the Appeals Court considered whether a residuary clause in a decedent’s last will and testament disposing of "any monies remaining in [her] estate" encompassed...more
In September 2014, the Nevada Supreme Court, in SFR Investments Pool 1, LLC v. U.S. Bank, N.A., held that a portion of a homeowners’ association (HOA) lien for delinquent assessments has true super-priority status over a...more
I will share a small secret – or perhaps, it is not a secret at all. As CLE presentations go, “drafting tip” presentations tend to be very practical in their orientation and are, therefore, more enjoyable and less stressful...more
If you examine titles or read title opinions, this post is for you. I was recently examining instruments for an East Texas title opinion when I came across an instrument that, at first glance, appeared to be an...more
In this presentation: - Creation - Conveyance Problems - Allocation of Royalties - Partial Quitclaim Problem - Pooling - Foreclosure Issues - Excerpt from: Conveyance Problems...more