WFG Wiki - User contributions [en]

Missouri

2022-01-12T17:46:53Z

Bartbodkin:

[[MO Operations Summary]]

[[MO Underwriting Summary]]

[[MO Underwriting References]]

==Alphabetical Index==

{| class="wikitable"
|-
| style="background-color:#87CEEB; text-align:center;" |A-E
| style="background-color:#87CEEB; text-align:center;" |F-Q
| style="background-color:#87CEEB; text-align:center;" |R-Z
|-
| style="vertical-align: top;" |
* [[Abandonment in Missouri|Abandonment]]
* [[Abstracters in Missouri|Abstracters]]
* [[Abstractors in Missouri|Abstractors]]
* [[Access in Missouri|Access]]
* [[Acknowledgments in Missouri|Acknowledgments]]
* [[Actions in Partition in Missouri|Actions in Partition]]
* [[Actions to Quiet Title in Missouri|Actions to Quiet Title]]
* [[Ad Valorem Taxes in Missouri|Ad Valorem Taxes]]
* [[Adverse Possession in Missouri|Adverse Possession]]
* [[Affidavits in Missouri|Affidavits]]
* [[Affidavits of Heirship in Missouri|Affidavits of Heirship]]
* [[Affidavits of Title in Missouri|Affidavits of Title]]
* [[After-Acquired Title in Missouri|After-Acquired Title]]
* [[Agency in Missouri|Agency]]
* [[Agreements for Deed in Missouri|Agreements for Deed]]
* [[Agreements of Sale in Missouri|Agreements of Sale]]
* [[Agricultural Lands in Missouri|Agricultural Lands]]
* [[Air Rights and Air Space in Missouri|Air Rights and Air Space]]
* [[Aliens in Missouri|Aliens]]
* [[Alimony in Missouri|Alimony]]
* [[Appeals in Missouri|Appeals]]
* [[Apostilles in Missouri|Apostilles]]
* [[Approved Attorneys in Missouri|Approved Attorneys]]
* [[Appurtenant Easements in Missouri|Appurtenant Easements]]
* [[Arbitration in Missouri|Arbitration]]
* [[Assignments in Missouri|Assignments]]
* [[Attachment in Missouri|Attachment]]
* [[Attorney Certifications in Missouri|Attorney Certifications]]
* [[Attorney Title Certifications in Missouri|Attorney Title Certifications]]
* [[Attorney Title Opinions in Missouri|Attorney Title Opinions]]
* [[Bankruptcy in Missouri|Bankruptcy]]
* [[Beneficiary Deeds in Missouri|Beneficiary Deeds]]
* [[Boat Slips in Missouri|Boat Slips]]
* [[Boundaries in Missouri|Boundaries]]
* [[Bricks and Mortar Requirements in Missouri|Bricks and Mortar Requirements]]
* [[Cabin Clubs in Missouri|Cabin Clubs]]
* [[Canals in Missouri|Canals]]
* [[Capital and Surplus Requirements in Missouri|Capital and Surplus Requirements]]
* [[Cemeteries in Missouri|Cemeteries]]
* [[Certifications of Trust in Missouri|Certifications of Trust]]
* [[Chains of Title in Missouri|Chains of Title]]
* [[Chattels in Missouri|Chattels]]
* [[Child Support Liens in Missouri|Child Support Liens]]
* [[Church Titles in Missouri|Church Titles]]
* [[Civil Money Judgments in Missouri|Civil Money Judgments]]
* [[Claims in Missouri|Claims]]
* [[Closing and Escrow in Missouri|Closing and Escrow]]
* [[Closing Protection Letters in Missouri|Closing Protection Letters]]
* [[Commitments in Missouri|Commitments]]
* [[Common Law Marriage in Missouri|Common Law Marriage]]
* [[Community Associations in Missouri|Community Associations]]
* [[Community Property in Missouri|Community Property]]
* [[Compliance in Missouri|Compliance]]
* [[Condemnations in Missouri|Condemnations]]
* [[Condominium Association Liens in Missouri|Condominium Association Liens]]
* [[Condominiums in Missouri|Condominiums]]
* [[Conservatorships in Missouri|Conservatorships]]
* [[Construction Liens in Missouri|Construction Liens]]
* [[Contracts for Sale in Missouri|Contracts for Sale]]
* [[Contracts for Deed in Missouri|Contracts for Deed]]
* [[Cooperatives in Missouri|Cooperatives]]
* [[Corporate Dissolution in Missouri|Corporate Dissolution]]
* [[Corporations in Missouri|Corporations]]
* [[Corrective Affidavits in Missouri|Corrective Affidavits]]
* [[Corrective Instruments in Missouri|Corrective Instruments]]
* [[Counties in Missouri|Counties]]
* [[Courts in Missouri|Courts]]
* [[Covenants in Missouri|Covenants]]
* [[Creditor's Rights in Missouri|Creditor's Rights]]
* [[Criminal Money Judgments in Missouri|Criminal Money Judgments]]
* [[Death Taxes in Missouri|Death Taxes]]
* [[Dedications in Missouri|Dedications]]
* [[Deeds in Missouri|Deeds]]
* [[Deeds of Trust in Missouri|Deeds of Trust]]
* [[Derivation Clauses in Missouri|Derivation Clauses]]
* [[Descriptions in Missouri|Descriptions]]
* [[Disabilities in Missouri|Disabilities]]
* [[Disabled Persons in Missouri|Disabled Persons]]
* [[Disbursements in Missouri|Disbursements]]
* [[Disclosures in Missouri|Disclosures]]
* [[Disclosure Requirements in Missouri|Disclosure Requirements]]
* [[Dissolution of Corporations in Missouri|Dissolution of Corporations]]
* [[Divorces in Missouri|Divorces]]
* [[Dockominiums in Missouri|Dockominiums]]
* [[Document Execution in Missouri|Document Execution]]
* [[Document Preparation in Missouri|Document Preparation]]
* [[Document Recording in Missouri|Document Recording]]
* [[Doing Business Requirements in Missouri|Doing Business Requirements]]
* [[Easements in Missouri|Easements]]
* [[Easements Appurtenant in Missouri|Easements Appurtenant]]
* [[Easements by Implication in Missouri|Easements by Implication]]
* [[Easements by Necessity in Missouri|Easements by Necessity]]
* [[Easements by Prescription in Missouri|Easements by Prescription]]
* [[Eminent Domain in Missouri|Eminent Domain]]
* [[Endorsements in Missouri|Endorsements]]
* [[Entities in Missouri|Entities]]
* [[Environmental Law in Missouri|Environmental Law]]
* [[Environmental Liens in Missouri|Environmental Liens]]
* [[Equitable Subordination in Missouri|Equitable Subordination]]
* [[Equitable Subrogation in Missouri|Equitable Subrogation ]]
* [[Escheat in Missouri|Escheat]]
* [[Estate Taxes in Missouri|Estate Taxes]]
* [[Estates in Missouri|Estates]]
* [[Exceptions in Missouri|Exceptions]]
* [[Execution in Missouri|Execution]]
* [[Extended Coverage in Missouri|Extended Coverage]]
| style="vertical-align: top;" |
* [[Fiduciaries in Missouri|Fiduciaries]]
* [[File Retention Requirements in Missouri|File Retention Requirements]]
* [[Financing Statements in Missouri|Financing Statements]]
* [[Flood Searches in Missouri|Flood Searches]]
* [[Foreclosures in Missouri|Foreclosures]]
* [[Forfeitures in Missouri|Forfeitures]]
* [[Forms in Missouri|Forms]]
* [[General Partnerships in Missouri|General Partnerships]]
* [[Generic Exceptions in Missouri|Generic Exceptions]]
* [[Good Funds in Missouri|Good Funds]]
* [[Government of Missouri|Government]]
* [[Ground Rents in Missouri|Ground Rents]]
* [[Guardianships in Missouri|Guardianships]]
* [[HELOCS in Missouri|HELOCS]]
* [[Heirs Property in Missouri|Heirs Property]]
* [[Highways in Missouri|Highways]]
* [[Homestead in Missouri|Homestead]]
* [[Homeowners' Association Liens in Missouri|Homeowners' Association Liens]]
* [[Hospital Liens in Missouri|Hospital Liens]]
* [[Implied Easements in Missouri|Implied Easements]]
* [[Incapacity in Missouri|Incapacity]]
* [[Incompetents in Missouri|Incompetents]]
* [[Indemnifications in Missouri|Indemnifications]]
* [[Indian Titles in Missouri|Indian Titles]]
* [[Inheritance Taxes in Missouri|Inheritance Taxes]]
* [[Installment Contracts in Missouri|Installment Contracts]]
* [[Insured Closing Letters in Missouri|Insured Closing Letters]]
* [[Intestacy in Missouri|Intestacy]]
* [[Islamic Financing in Missouri|Islamic Financing]]
* [[Joinder of Non-Titled Spouses in Missouri|Joinder of Non-Titled Spouses]]
* [[Judicial Foreclosures in Missouri|Judicial Foreclosures]]
* [[Judicial Proceedings in Missouri|Judicial Proceedings]]
* [[Ladybird Deeds in Missouri|Ladybird Deeds]]
* [[Land Trusts in Missouri|Land Trusts]]
* [[Leasehold Interests in Missouri|Leasehold Interests]]
* [[Leases in Missouri|Leases]]
* [[Legal Descriptions in Missouri|Legal Descriptions]]
* [[Legislation in Missouri|Legislation]]
* [[Letters of Indemnification in Missouri|Letters of Indemnification]]
* [[Liens in Missouri|Liens]]
* [[Life Estates in Missouri|Life Estates]]
* [[Limited Partnerships in Missouri|Limited Partnerships]]
* [[Lis Pendens in Missouri|Lis Pendens]]
* [[Mandatory Disclosures in Missouri|Mandatory Disclosures]]
* [[Manufactured Homes in Missouri|Manufactured Homes]]
* [[Marital Interests in Missouri|Marital Interests]]
* [[Marital Rights in Missouri|Marital Rights]]
* [[Marketability of Title in Missouri|Marketability of Title]]
* [[Marketable Title Act in Missouri|Marketable Title Act]]
* [[Marketable Record Title Acts in Missouri|Marketable Record Title Acts]]
* [[Mechanic's Liens in Missouri|Mechanic's Liens]]
* [[Mineral Estates in Missouri|Mineral Estates]]
* [[Mineral Rights in Missouri|Mineral Rights]]
* [[Minerals in Missouri|Minerals]]
* [[Minimum Title Search Requirements in Missouri|Minimum Title Search Requirements]]
* [[Minors in Missouri|Minors]]
* [[Mobile Homes in Missouri|Mobile Homes]]
* [[Modular Homes in Missouri|Modular Homes]]
* [[Mortgages in Missouri|Mortgages]]
* [[Municipal Assessments in Missouri|Municipal Assessments]]
* [[Municipal Liens in Missouri|Municipal Liens]]
* [[Mutual Indemnification Agreements in Missouri|Mutual Indemnification Agreements]]
* [[New Construction in Missouri|New Construction]]
* [[Non-Judicial Foreclosures in Missouri|Non-Judicial Foreclosures]]
* [[Non-Resident Withholding in Missouri|Non-Resident Withholding]]
* [[Notaries in Missouri|Notaries]]
* [[Notices of Settlement in Missouri|Notices of Settlement]]
* [[Options in Missouri|Options]]
* [[Parties in Possession in Missouri|Parties in Possession]]
* [[Partition Actions in Missouri|Partition Actions]]
* [[Partnerships in Missouri|Partnerships]]
* [[Party Walls in Missouri|Party Walls]]
* [[Prescriptive Easements in Missouri|Prescriptive Easements]]
* [[Persons Under Disability in Missouri|Persons Under Disability]]
* [[Plain Language in Missouri|Plain Language]]
* [[Planned Unit Developments in Missouri|Planned Unit Developments]]
* [[Plats in Missouri|Plats]]
* [[Powers of Attorney in Missouri|Powers of Attorney]]
* [[Pre-Foreclosure Commitments in Missouri|Pre-Foreclosure Commitments]]
* [[Pre-Foreclosure Policies in Missouri|Pre-Foreclosure Policies]]
* [[Pricing in Missouri|Pricing]]
* [[Private Condemnation in Missouri|Private Condemnation]]
* [[Private Road Actions in Missouri|Private Road Actions]]
* [[Pro Forma Title Insurance Policies in Missouri|Pro Forma Title Insurance Policies]]
* [[Public Lands in Missouri|Public Lands]]
* [[Publicly Owned Lands in Missouri|Publicly Owned Lands]]
* [[Public Records in Missouri|Public Records]]
* [[Purchase Agreements in Missouri|Purchase Agreements]]
* [[Purchase Money Deeds of Trust in Missouri|Purchase Money Deeds of Trust]]
* [[Purchase Money Mortgages in Missouri|Purchase Money Mortgages]]
* [[Purchase Money Security Instruments in Missouri|Purchase Money Security Instruments]]
* [[Quiet Title Actions in Missouri|Quiet Title Actions]]
| style="vertical-align: top;" |
* [[Railroad Titles in Missouri|Railroad Titles]]
* [[Rate and Form Filings in Missouri|Rate and Form Filings]]
* [[Religious Congregations in Missouri|Religious Congregations]]
* [[Real Estate Broker Liens in Missouri|Real Estate Broker Liens]]
* [[Real Property Taxes in Missouri|Real Property Taxes]]
* [[Receiverships in Missouri|Receiverships]]
* [[Record Retention Requirements in Missouri|Record Retention Requirements]]
* [[Recording in Missouri|Recording]]
* [[Recording Forms in Missouri|Recording Forms]]
* [[Recording Jurisdictions in Missouri|Recording Jurisdictions]]
* [[Recording Offices in Missouri|Recording Offices]]
* [[Recording Requirements in Missouri|Recording Requirements]]
* [[Recording Transfer Taxes in Missouri|Recording Transfer Taxes]]
* [[Redemption Rights in Missouri|Redemption Rights]]
* [[Registered Land in Missouri|Registered Land]]
* [[Regulatory Filings in Missouri|Regulatory Filings]]
* [[Remittances in Missouri|Remittances]]
* [[Restrictions in Missouri|Restrictions]]
* [[Restrictive Covenants in Missouri|Restrictive Covenants]]
* [[Rights of First Refusal in Missouri|Rights of First Refusal]]
* [[Riparian Rights in Missouri|Riparian Rights]]
* [[Roads in Missouri|Roads]]
* [[Rule Against Perpetuities in Missouri|Rule Against Perpetuities]]
* [[Schools in Missouri|Schools]]
* [[Scrivener's Affidavits in Missouri|Scrivener's Affidavits]]
* [[Security Instruments in Missouri|Security Instruments]]
* [[Settlement Statements in Missouri|Settlement Statements]]
* [[Signatures in Missouri|Signatures]]
* [[Slayer's Act in Missouri|Slayer's Act]]
* [[Sources of Authority in Missouri|Sources of Authority]]
* [[Spousal Joinder in Missouri|Spousal Joinder]]
* [[Standard Exceptions in Missouri|Standard Exceptions ]]
* [[Standard Requirements in Missouri|Standard Requirements]]
* [[Standard Title Search Period in Missouri|Standard Title Search Period]]
* [[State Tax Liens in Missouri|State Tax Liens]]
* [[Streets in Missouri|Streets]]
* [[Subdivisions in Missouri|Subdivisions]]
* [[Superfund Liens in Missouri|Superfund Liens]]
* [[Survey Requirements in Missouri|Survey Requirements]]
* [[Surveys in Missouri|Surveys]]
* [[Survivorship Estates in Missouri|Survivorship Estates]]
* [[Tax Certifications in Missouri|Tax Certifications]]
* [[Tax Deeds in Missouri|Tax Deeds]]
* [[Tax Liens in Missouri|Tax Liens]]
* [[Tax Sales in Missouri|Tax Sales]]
* [[Tenancies in Missouri|Tenancies]]
* [[Tidelands in Missouri|Tidelands]]
* [[Timeshares in Missouri|Timeshares]]
* [[Timberlands in Missouri|Timberlands]]
* [[Title Agent Audits in Missouri|Title Agent Audits]]
* [[Title Agent Audit Requirements in Missouri|Title Agent Audit Requirements]]
* [[Title Agent Banking Requirements in Missouri|Title Agent Banking Requirements]]
* [[Title Agent Insurance Requirements in Missouri|Title Agent Insurance Requirements]]
* [[Title Agent Licensing in Missouri|Title Agent Licensing]]
* [[Title Agent Marketing in Missouri|Title Agent Marketing]]
* [[Title Agent Remittance Requirements in Missouri|Title Agent Remittance Requirements]]
* [[Title Agent Reporting Requirements in Missouri|Title Agent Reporting Requirements]]
* [[Title Agent Residency Requirements in Missouri|Title Agent Residency Requirements]]
* [[Title Curative in Missouri|Title Curative]]
* [[Title Examinations in Missouri|Title Examinations]]
* [[Title Examinations Standards in Missouri|Title Examinations Standards]]
* [[Title Insurance Commitments in Missouri|Title Insurance Commitments]]
* [[Title Insurance Endorsements in Missouri|Title Insurance Endorsements]]
* [[Title Insurance Policies in Missouri|Title Insurance Policies]]
* [[Title Insurance Rates in Missouri|Title Insurance Rates]]
* [[Title Insurance Waivers in Missouri|Title Insurance Waivers]]
* [[Title Plants in Missouri|Title Plants]]
* [[Title Production in Missouri|Title Production]]
* [[Title Searching in Missouri|Title Searching]]
* [[Title Underwriting in Missouri|Title Underwriting]]
* [[Torrens Property in Missouri|Torrens Property]]
* [[Transfer on Death Deeds in Missouri|Transfer on Death Deeds]]
* [[Transfer Taxes in Missouri|Transfer Taxes]]
* [[Trusts in Missouri|Trusts]]
* [[Trustee Sale Guarantees in Missouri|Trustee Sale Guarantees]]
* [[Trustees in Missouri|Trustees]]
* [[Unauthorized Practice of Law in Missouri|Unauthorized Practice of Law]]
* [[Uniform Commercial Code in Missouri|Uniform Commercial Code]]
* [[Unincorporated Associations in Missouri|Unincorporated Associations]]
* [[Usury in Missouri|Usury]]
* [[Vacation Proceedings in Missouri|Vacation Proceedings]]
* [[Vendees' Liens in Missouri|Vendees' Liens]]
* [[Vendors' Liens in Missouri|Vendors' Liens]]
* [[Water and Water Rights in Missouri|Water and Water Rights]]
* [[Wills in Missouri|Wills]]
* [[Withholding in Missouri|Withholding]]
* [[Witnesses in Missouri|Witnesses]]
* [[Zoning in Missouri|Zoning]]
* [[Zoning Ordinances in Missouri|Zoning Ordinances]]
|}

TN Underwriting Summary

2021-03-09T13:57:12Z

Bartbodkin: /* Homestead */

==Tennessee Tenancy by Entirety==

*Tenancy by the entirety is presumed whenever husband and wife take title together. No express statement is required.
*Conveyance from one to T by E status may be done by direct conveyance without a "strawman" but conveyance should state intent to create T by E. T. C. A. § 66-1-109
* A conveyance from A to B ( instead of from A to A and B) where A and B are married creates a tenancy by the entirety so long as the intent of the conveyance is to create a tenancy by the entirety is clearly expressed in the Deed. Bible v. State, 26 McCanless 361 (1968) citing T. C. A. § 66-1-109.
*Between 1914 and 1919, a conveyance to Husband and Wife created a tenancy in common, not a Tenancy by the Entireties.

==Joint Tenancy==

Tennessee has by statute deviated from the common law rules of Joint tenancies. By statute, they provided that a joint tenancy does not automatically include a right of survivorship in T. C. A. § 66–1–107. The courts made clear that an express statement in a deed does create a survivorship interest regardless of the type of tenancy.

*The statute providing that an estate in joint tenancy shall not descend to surviving tenant does not abridge the right of the owner of property to expressly provide for survivorship by deed. Williams' Code, § 7604. Jones v. Jones, 1947, 206 S.W.2d 801, 185 Tenn. 586.

*Since the enactment of the statute providing that an estate in joint tenancy shall not descend to surviving tenant, a tenancy in common results if no contrary intent is expressed regardless of presence of unities of time, title, interest, and possession, and, when the intent to establish an estate by survivorship is clear, the existence or nonexistence of the unities becomes immaterial. Williams' Code, § 7604. Jones v. Jones, 1947, 206 S.W.2d 801, 185 Tenn. 586.

==Homestead==

To insure refinances of investment property that is in the name of one spouse only:

1. A notarized affidavit from husband that these are rental properties; and

2. A clause in each deed of trust stating at the end of the legal description stating “This property is not used as a personal residence”.

TN Underwriting Summary

2021-03-09T13:56:52Z

Bartbodkin:

==Tennessee Tenancy by Entirety==

*Tenancy by the entirety is presumed whenever husband and wife take title together. No express statement is required.
*Conveyance from one to T by E status may be done by direct conveyance without a "strawman" but conveyance should state intent to create T by E. T. C. A. § 66-1-109
* A conveyance from A to B ( instead of from A to A and B) where A and B are married creates a tenancy by the entirety so long as the intent of the conveyance is to create a tenancy by the entirety is clearly expressed in the Deed. Bible v. State, 26 McCanless 361 (1968) citing T. C. A. § 66-1-109.
*Between 1914 and 1919, a conveyance to Husband and Wife created a tenancy in common, not a Tenancy by the Entireties.

==Joint Tenancy==

Tennessee has by statute deviated from the common law rules of Joint tenancies. By statute, they provided that a joint tenancy does not automatically include a right of survivorship in T. C. A. § 66–1–107. The courts made clear that an express statement in a deed does create a survivorship interest regardless of the type of tenancy.

*The statute providing that an estate in joint tenancy shall not descend to surviving tenant does not abridge the right of the owner of property to expressly provide for survivorship by deed. Williams' Code, § 7604. Jones v. Jones, 1947, 206 S.W.2d 801, 185 Tenn. 586.

*Since the enactment of the statute providing that an estate in joint tenancy shall not descend to surviving tenant, a tenancy in common results if no contrary intent is expressed regardless of presence of unities of time, title, interest, and possession, and, when the intent to establish an estate by survivorship is clear, the existence or nonexistence of the unities becomes immaterial. Williams' Code, § 7604. Jones v. Jones, 1947, 206 S.W.2d 801, 185 Tenn. 586.

==Homestead==

To insure refinances of investment property that is in the name of one spouse only:

1. A notarized affidavit from husband that these are rental properties; and
2. A clause in each deed of trust stating at the end of the legal description stating “This property is not used as a personal residence”.

Child Support Liens in Oregon

2021-01-07T19:06:25Z

Bartbodkin: Created page with "A Child Support Judgment does create a lien against the real property. See ORS 18.180(5), ORS 25.529 and ORS 24.115. We typically handle these by obtaining a satisfaction (or..."

A Child Support Judgment does create a lien against the real property. See ORS 18.180(5), ORS 25.529 and ORS 24.115.

We typically handle these by obtaining a satisfaction (or partial satisfaction) from the judgment creditor (i.e., ex-spouse).

TX Underwriting Summary

2020-12-15T23:32:32Z

Bartbodkin: /* Construction Liens */

==Search/Exam==
*Minimum Search Requirements -- Full plant search (can bring forward a starter if it is a full owners or loan policy – not short form)
*Plant or other search restrictions -- Yes, geographic plant in every county licensed must cover period back to 1979

*Additional Requirements for REO Searches -- NO
*Foreclosure Checklist -- N/A
*Special Searches Required (Code, HOA, Utilities)? -- No
*Survey Requirements -- YES – for survey deletions (and any short form policy); either new survey or existing survey and T-47 Survey Affidavit
*UPL Hot Button Issues -- Doc prep only
==Default Vesting==

If title is held by two individuals the presumption is that title is held as community property. Upon the death of the first to die, title does NOT automatically vest in the survivor. Title will pass by heirship or by the terms of the decedent's will.

Title MAY be held by joint tenants with right of survivorship, but such must be clearly indicated and must be backed up by a written agreement between the parties. Merely holding or taking title as joint tenants does not imply a right of survivorship, and merely taking title as JTWROS without a written agreement does not establish a right of survivorship.

==UPL==
*Attorney involvement not required other than for doc preparation
*Fee attorneys act as escrow officers for title companies and receive a percent of premium and can have the title company’s name on door in return for audit of their escrow accounts.
*Third party attorneys operate under authority of Procedural Rule P-22, are not escrow officers and cannot receive Insured Closing Protection.
*Search, exam and closing the transaction can all be done by layperson.
*Title insurance agents must provide title evidence from a licensed abstract plant. Attorneys can, for an agreed upon fee, examine or close the transaction as defined in procedural rule P-1f of the [http://www.tdi.texas.gov/title/titleman.html Texas Basic Manual for Writing of Title Insurance] promulgated by the Texas Insurance Department.

==Witness Requirements==
None Required. Two witnesses may substitute for notary acknowledgement but not a common or desireable practice.
==Mortgage/Transfer Tax==
None
==Spousal Joinder Requirements/Homestead==
*If the property is homestead of the owner and non-title holding spouse, joinder of the spouse is required.
*for mortgages, the non-titled spouse may sign only the lien instrument and not the debt instrument.
*A rural homestead is limited to 100 acres for a single person and 200 acres for a family.
*An urban homestead is limited to a lot or contiguous lots which do not exceed 10 acres.
*In order to be effective, a homestead disclaimer must designate other property then owned as homestead, and the other property must use up all of the declarant’s homestead allotment.
*Homestead property may not be conveyed or mortgaged without the joinder of both spouses. The rule applies whether the homestead is community property or the separate property of one spouse.

==Community Property==

*Texas is a community property state.
*All property acquired during marriage is presumed to be community, unless acquired by gift, devise or descent.
*A divorce decree should divest one spouse of the property and award the property to the other spouse.
*If community property is not disposed of in a divorce decree the parties thereafter hold the property as tenants in common.
*Community property cannot be conveyed or mortgaged without the consent of both spouses.
*A deed by one spouse of community property to a third party is void, but creates a cloud on title.
*Texas follows the “inception of title” rule. Whether something is separate or community is determined by the facts existing at the time the property was acquired.

==Power Of Attorney==
*The statutory form for a durable POA is found in [http://www.statutes.legis.state.tx.us/Docs/ES/htm/ES.751.htm Ch. 751] and [http://www.statutes.legis.state.tx.us/Docs/ES/htm/ES.752.htm 752] of the Estates Code.
*The POA must be recorded if it is used in a real property transaction.
*A POA may be used in a home equity transaction only if the POA was signed in the office of a lender, an attorney, or a title company, all of which must be in Texas. Refer to the Texas Underwriting Bulletin on this subject.
*POAs signed in other states are acceptable in Texas if they are executed in conformity with the laws of the state where they were signed.
*Agent may only exercise authority specifically granted in the power of attorney and any authority reasonably necessary to give effect to that express grant of specific authority.
*A general POA, such as “to do all acts that the principal can do” are not express grants of specific authority and are not accepted by WFG.

==Construction Liens==

If the property is homestead, any lien securing a construction loan must be evidenced by a mechanic’s lien contract signed by both spouses and filed for record prior to the commencement of construction. If this requirement is not satisfied, the lien is void.

Additionally, if the property is homestead and the construction constitutes “repairs and renovation” as opposed to “new construction” the lien is void unless at least 5 days elapsed between the application for credit and the signing of the lien contract. Additionally, the contract must provide for a 3 day right of rescission, and must be signed at the office of the lender, an attorney or a title company, any of which must be in Texas. Texas Constitution, Art. XVI, Sect. 50(a)(5).
On non-homestead property, a valid construction lien may be evidenced by a deed of trust securing advances for the purpose of construction.

An MLC (Mechanic's Lien Contract) is the vehicle in which a homestead may be encumbered for construction work (a voluntary mechanic’s lien is one of the 8 permissible liens against a homestead in Texas, but only so long as it meets certain constitutional and statutory requirements, hence the “Mechanic’s Lien Contract”). The builder on the MLC is paid via a loan from a lender (which has its own DOT), and the builder assigns the MLC to the lender (that’s either done within the MLC itself (and the lender will also sign the MLC) or through a separate assignment. So the MLC is effectively subsumed into the lender’s DOT (and there should be a renewal and extension rider on the DOT referencing the MLC). If the MLC is assigned separately and the lender's DOT properly refers to the MLC, then upon release of the DOT, we can remove the MLC from the commitment.

==Surveys==

Survey coverage, also known as amending the survey exception, can be requested either on the loan policy or the owner policy.

Here is the standard survey exception, which is the same in the OP and the LP:

“Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements.”

By amending the exception, everything is stricken except “shortages in area”. We never insure the amount of acreage, under any circumstances.

The amended exception looks like this:

“Any <strike>discrepancies, conflicts, or</strike> shortages in area <strike>or boundary lines, or any encroachments or protrusions, or any overlapping of improvements</strike>.

We must have an acceptable survey to give the coverage. It must be signed and contain a proper certification. If it is not a current survey, we might still be able to use it if the seller or borrower executes an affidavit (the T-47) detailing any changes to the land or improvements since the survey was made.

Survey coverage is free on a LP. It is pretty rare to have a survey matter so severe that we cannot give survey coverage to a lender. We frequently take the risk of minor encroachments on an LP.

Survey coverage on an OP is an additional 5% of the basic premium on a residential policy, and 15% of the basic premium on a regular OP. Whether the T 1 or the T 1R is being issued is irrelevant.

We never give the owner coverage over a known survey issue. For example, suppose we have an acceptable survey and it shows the house encroaches into the front set back line by 1.0 foot. We can amend the survey exception as shown above, BUT we still take a specific exception to the encroachment on Sch B. For example:

“Encroachment of the structure into the front set back line, as shown on survey (date and name of surveyor). In the event of a conflict between this exception and exception B2, this exception shall control.”

Bottom line is that we take exception on the OP to anything shown on the survey. In essence, we are insuring that the survey is correct … we are not insuring there are no encroachments unless there really are none.

The only situations where we can give survey coverage w/o a survey is if the property is a condominium or if it’s a platted subdivision lot with no improvements, in which case we accept the plat itself as a survey.

WFG’s rule on issuing a T 19 w/o a survey is that we will consent to that if the transaction is a rate/term refi, a HEL or a reverse mortgage, and the land is in a platted subdivision, subject to a $500,000.00 cap. Anything over that must be on a case by case basis.

This does not affect the requirement of P-2 that a survey is necessary to give a lender the survey amendment. We will accept a plat as a survey if the land is platted and unimproved. We will also accept a condo declaration as a survey under P 2.

[https://uww.wfgnationaltitle.com/images/2/23/Texas_rules.docx Copies of the applicable rules are here]

==Mortgages And Trust Deeds==
*Most mortgages in Texas take the form of deeds of trust. The property owner conveys the property, in trust, to the trustee; the trustee has no authority to do anything unless and until the beneficiary (the lender) instructs the trustee to act.
*When the loan is paid off, the release comes from the beneficiary (the lender) and not from the trustee.
*A mortgage lien on real property is barred by limitations 4 years after the date of maturity of the loan, which is the date the final payment is due.
*Texas recognizes the Purchase Money Mortgage doctrine and a purchase money mortgage will take priority over a judgment lien (even if previously recorded) against the BUYER.

==Homestead Protection Against Creditors==

Abstracts of Judgment (AJs a/k/a judgment liens) do not attach to homestead, but it’s a question of how we document that. If the AJ were under $5K, I would say move on, no need to address, but with this amount plus the accrued interest and a sale (as opposed to a refi of purchase money), we should address, either through a partial release from the judgment creditor or through the property code section 52.0012 (release by affidavit) – see the attached bulletin on the procedure (which takes at least 30 days to complete, and I require strict compliance with the statutory requirements and recommend the borrowers/sellers get counsel to assist with sending the forms). Alternatively, he can go ahead and pay and get a release, if he just wants to be done with it.

But if this were a refi of a purchase money or a home equity loan, I would insure around it, as the purchase money DOT will always be superior to the AJ and in the home equity loan scenario, you are already obtaining the evidence that it’s homestead, so the risk is minimal.

And you are correct, the SOL for a state AJ (to a private creditor) is 10 years, 20 years if to the state or a state agency. However, if the judgment has gone dormant (more than 10 years since the date of the judgment, not recording of the AJ), let me know, as we may be able to bar the AJ even if the AJ itself has not expired.

==Foreclosure Review==

*We will not insure the title of someone who was the purchaser at a foreclosure sale; we will not insure until there is a subsequent arm’s length sale.
*Always leave the ‘rights of parties in possession’ exception in the commitment/policies. You may remove this exception when requested by the proposed lender. You may remove this exception when requested by the proposed buyer only upon compliance with Rule P-3, which allows the agent to make a reasonable charge for inspecting the property.
#Review the Appointment of Substitute Trustee; contact Underwriting if you believe the Appointment was signed by someone other than the mortgagee, the mortgage servicer, or an attorney authorized by the mortgage servicer.
Note: The “mortgage servicer” is the last entity to whom a debtor has been instructed by the current mortgagee to send payments; the mortgagee and the mortgage servicer may be the same entity.
*You may accept as true the recitals contained in an affidavit or incorporated into the substitute trustees’ deed. The recitals should cover the following:
**A Notice of Sale was posted at the courthouse door of each county in which the property is located, at least 21 days before the sale;
**A copy of the posted Notice of Sale was filed in the office of the county clerk of each county in which the property is located, at least 21 days before the sale;
**At least 21 days before the sale, the servicer sent written notice of the sale to each debtor who is obligated to pay the debt, according to the records of the servicer; the notice was sent by certified mail to the debtor’s last known address, according to the records of the servicer.
**The property was sold between the hours of 10:00 AM and 4:00 PM, and the sale commenced not later than 3 hours after the earliest time stated in the Notice of Sale;
**If the property was the debtor's residence, the servicer served written notice of default on the debtor, at the debtor’s last known address according to the records of the servicer, and the debtor was given at least 20 days to cure the default before the debt was accelerated and notice of sale was given;
**The debtor was alive at the time of the foreclosure; and,
**The debtor was not on active military duty at the time of the sale, or within 9 months prior to the sale.

If you have reason to believe that any recital is inaccurate, please contact Underwriting before proceeding.

*We will also insure subsequent sales and mortgages by parties who acquired title from a foreclosure sale purchaser, provided (1) your exam does not uncover any foreclosure related issues and (2) the seller or borrower has an existing owner policy. If no prior policy is available, contact Regional Underwriting for guidance.

==Instrument Requirements==
==Who May Serve As Trustee On Deed Of Trust==

*Any person or entity may be named as the trustee. Trustee does not have to be a resident of Texas.
*An underwriter or title agent may be designated as the trustee, but it is not customary or required.
*In actual practice, the named trustee is almost always removed and a substitute trustee (usually an attorney) is appointed by the lender to handle the foreclosure.

==Time Limitations==
===Liens Imposed by Multiple Jurisdictions===
====Ad Valorem Taxes====

*The lien “exists in favor of each taxing unit having power to tax the property.”
*The lien is prior to a federal tax lien unless US law determines otherwise. Sect. 32.04.

Sec. 32.05. PRIORITY OF TAX LIENS OVER OTHER PROPERTY INTERESTS.
(a) A tax lien on real property takes priority over a homestead interest in the property.
(b) Except as provided by Subsection (c)(1), a tax lien provided by this chapter takes priority over:
(1) the claim of any creditor of a person whose property is encumbered by the lien;
(2) the claim of any holder of a lien on property encumbered by the tax lien, including any lien held by a property owners' association, homeowners' association, condominium unit owners' association, or council of owners of a condominium regime under a restrictive covenant, condominium declaration, master deed, or other similar instrument that secures regular or special maintenance assessments, fees, dues, interest, fines, costs, attorney's fees, or other monetary charges against the property; and
(3) any right of remainder, right or possibility of reverter, or other future interest in, or encumbrance against, the property, whether vested or contingent.
(b-1) The priority given to a tax lien by Subsection (b) prevails, regardless of whether the debt, lien, future interest, or other encumbrance existed before attachment of the tax lien.
(c) A tax lien provided by this chapter is inferior to:
(1) a claim for any survivor's allowance, funeral expenses, or expenses of the last illness of a decedent made against the estate of a decedent as provided by law;
(2) except as provided by Subsection (b)(2), a recorded restrictive covenant that runs with the land and was recorded before January 1 of the year the tax lien arose; or
(3) a valid easement of record recorded before January 1 of the year the tax lien arose.

*Delinquent HOA assessments are inferior to the lien unless there is a notice of lien in a liquidated amount filed of record before the tax suit is commenced. Sect. 32.05(d). In that situation, the HOA must be joined as a party defendant. Setting up the lien in the restrictions does not constitute ‘notice’ to the tax collector.

*“A tax delinquent for more than the limitation period prescribed by this section and any penalty and interest on the tax is presumed paid unless a suit to collect the tax is pending.” Sect. 33.05(b). “If there is no pending litigation concerning the delinquent tax at the time of the cancellation and removal, the collector for a taxing unit shall cancel and remove from the delinquent tax roll: (1) a tax on real property that has been delinquent for more than 20 years; (3) a tax on real property that has been delinquent more than 10 years if the property has been owned for at least the preceding 8 years by a home-rule municipality in a county with a population of more than 3.3 million.” Sect. 33.05(c).

*A tax lien cannot be foreclosed non judicially, there must be a law suit. The plaintiff must obtain a judgment, which, like all judgments is only binding on the defendants who were joined and properly served.

*The tax lien attaches to reversionary and remainder interests but the holders of those interests must be joined in order to wipe them out.

*Foreclosure of the tax lien will not wipe out a recorded easement or a recorded restrictive covenant which was placed of record prior to January 1st of the calendar year for which taxes are due.

*Beware of AJs based on tax suit judgments.

===Liens Imposed by Counties===

====Assessments for Road Improvements====
*Citation: Transportation Code 253.009
*Priority: Date of filing
*Duration: No limitation
*Inferior To: Ad valorem tax liens; existing liens and interests

====Repair/Removal of Shoreline Protection Structure====
*Citation: Local Govt. Code 233.001
*Priority: Date of filing, but has priority over any judgment lien
*Duration: No limitation
*Inferior To: Ad valorem tax liens; previously recorded mortgage liens
*Superior To: Any judgment lien; later recorded liens and interests

*Applies to bulkheads or “other methods of shoreline protection.”
*The assessed lien is superior to all other previously recorded judgment liens and is inferior to previously recorded mortgage liens. Sect. 233.001 (c).

====Litter Lien (Litter near a public highway)====
*Citation: Health & Safety Code 365.034
*Priority: Date of filing
*Duration: No limitations
*Inferior To: Ad valorem tax liens; previously recorded mortgage liens
*Superior To: Any judgment liens; later recorded liens and interests

====Public Nuisance ====
*Citation: Health & Safety Code, 343.011; 343.0111; 343.022; 343.023
*Priority: Date of filing
*Duration: No limitations
*Inferior To: Ad valorem tax liens; previously recorded mortgage liens
*Superior To: Later recorded liens and interests

*This declares various situations to be a public nuisance. Sect. 343.001(a).
*Weeds, rubbish, junk, refuse, hazardous and abandoned structures, etc.
*The lien is effective upon filing, Sect. 342.023(d) and is inferior to ad valorem taxes and to preexisting mortgage liens.

===Liens Imposed by Water Districts===

====Standby Fees====
*Citation: Water Code, 49.231
*Priority: Same as ad valorem tax lien
*Duration: Same as ad valorem tax lien

*A standby fee is “a charge, other than a tax, imposed on undeveloped property for the availability of potable water, sanitary sewer or drainage facilities and service. Sect. 49.231(1).
*“On January 1 of each year, a lien attaches to undeveloped property to secure payment of any standby fee, interest on the fee, and any penalty imposed under this section. The lien has the same priority as a lien for taxes of the district.” Sect. 49.231(k).
**“For purposes of title insurance policies issued under the authority of Title 11, Insurance Code, standby fees are considered taxes.” Sect. 49.231(n).

====Water District Assessment Liens====
*Citation: Water Code, 55.604; Tax Code 32.01
*Priority: Based on filing
*Duration: No limitations
*Inferior To: Ad valorem tax liens

*“Assessments made by the board for maintenance and operation of the district are liens against the land on which the assessments were made and remain liens on the land until the assessments are paid. No law which provides for a period of limitation against actions for debt shall apply under this section, and these debts cannot be barred by limitation.” Sect. 55.604

===Liens Imposed by Municipalities===
====Demolition Lien====
*Citation: Local Govt. Code, 214.001; 214.0015
*Priority: Date of filing
*Duration: No limitations
*Inferior To: Ad valorem tax liens; possibly previously recorded mortgage liens
*Superior To: All judgment liens and later recorded liens and interests

*This lien does not apply to homesteads. Sect. 214.001(n).
*The lien is prior to any existing mortgage lien who was provided the proper notices throughout the assessment process, otherwise the previously recorded mortgage lien is superior. Sect. 214.001(o).
*The lien has priority over a previously recorded judgment lien. Sect. 214.0015(e).

====Assessments for Street Improvements====
*Citation: Transportation Code 253.009; 313.054
*Priority: Date of filing notice of assessment
*Duration: No limitations
*Inferior To: Ad valorem tax liens
*Superior To: Other liens and interests

====Municipal Utility Services Lien====
*Citation: Local Govt. Code 552.0025
*Priority: Superior to all except for previously recorded mortgage lien
*Duration: No limitations
*Inferior To: Ad valorem tax liens; previously recorded mortgage liens
*Superior To: All judgment liens and later recorded liens and interests

*“The municipality’s lien is inferior to a bona fide mortgage lien that is recorded before the recording of the municipality’s lien in the real property records of the county where the property is located. The municipality’s lien is superior to all other liens, including previously recorded judgment liens and any liens recorded after the municipality’s lien.” Sect. 552.0025(h).

====Assessments for Municipal Water/Sewer Systems====
*Citation: Local Govt. Code 552.065
*Priority: Superior to all other liens, except for State, County, School or City ad valorem tax liens
*Duration: No limitations
*Inferior To: Ad valorem tax liens
*Superior To: All other liens and interests.

*The lien is a first and prior lien on the assessed property and the lien takes effect on the date that a notice of proposed improvements is made under Section 552.067. The lien is superior to any other lien or claim except a state, county, school district or municipal property tax lien.” Sect. 552.065(c).
*“All property, including church and school property, is subject to a tax or assessment authorized for local improvements under this subchapter.” Art. 552.068(a).

====Weed and Sanitary Lien====
*Citation: Health & Safety Code, 342.007; 342.008
*Priority: Date of filing of lien statement
*Duration: No limitations
*Inferior To: Ad valorem tax liens; street improvement liens
*Superior To: All other liens and interests
* “The lien attaches upon the filing of the lien statement with the county clerk.” Sect. 342.007(b).

===Liens Imposed by the State===

====Miscellaneous State Tax Liens====
*Citation: Tax Code, 113.001; 113.101; 113.103
*Priority: Based on date of filing
*Duration: No limitation
*Inferior To: Ad valorem tax liens

*“All taxes, fines, interest, and penalties due by a person to the state under this title are secured by a lien on all of the person’s property that is subject to execution. (b) The lien for taxes attaches to all of the property of a person liable for the taxes.” Sect. 113.001(a)

*No lien created by this title is effective against a person listed in Subsection (b) of this section who acquires a lien, title or other right or interest in property before the filing, recording and indexing of the lien: (1) on real property, in the county where the property is located. (b) This section applies to a bona fide purchaser, mortgagee, holder of a deed of trust, judgment creditor, or any other person who acquired the lien, title, or right or interest in the property for bona fide consideration.” Sect. 113.101(a)

*The lien continues until the taxes are paid. Sect. 113.105.

*The Comptroller, upon receipt of payment, may transfer the tax lien and all accompanying rights. Sect. 111.251

====Judgment Lien====
*Citation: Property Code 52.006; Civil Practices and Remedies Code, 34.001
*Priority: Based on filing.
*Duration: 10 years from filing; 20 years if the AJ was filed on or after April 23, 2007.
*Inferior To: Ad valorem tax liens; existing mortgage liens and interests
*Superior To: Later recorded liens and interests

====Lien to Secure Unpaid Wages====
*Citation: Labor Code, 61.081; 61.0825
*Priority: Based on filing
*Duration: No limitations
*Inferior To: Ad valorem tax liens
*Superior To: All other liens and interests

*Must be based on final order of the TWC against an employer indebted to the state for penalties or wages. The lien can be transferred to the worker.

====Solid Waste Disposal Act (Texas Natural Resource Conservation Commission)====
*Citation: Health & Safety Code, 361.001, 361.194
*Priority: Based on date of filing
*Duration: Until the liability for the costs is satisfied or the lien becomes unenforceable through operation of law.
*Inferior To: Ad valorem tax liens; other existing liens and interests
*Superior To: Later recorded liens and interests

*Regulates the storage and disposal of hazardous waste at municipal solid waste facilities.
*“For the purpose of determining rights of all affected parties, the lien does not relate back to a time before the date on which the affidavit is recorded, which date is the lien inception date.” Sect. 361.194(b).
*The lien may be bonded around. “In acquiring an interest in real property, a purchaser or lender may rely on and is absolutely protected by the record of the bond, notice, and return.” Sect. 361.194(i).

====Inheritance Taxes====
*Citation: Tax Code, 113.001; 113.105
*Priority: Based on filing
*Duration: No limitations
*Inferior To: Ad valorem tax liens; previously filed mortgage liens
*Superior To: All other liens and interests

====Restitution Lien====
*Citation: Code of Criminal Procedure, 42.21
*Priority: Based on filing date of instrument creating lien
*Duration: 10 years from date of filing
*Inferior To: Ad valorem tax liens; previously filed mortgage liens
*Superior To: All other liens and interests.

====Abandoned Coal Mine Reclamation====
*Citation: Natural Resource Code, 134.150
*Priority: Date of filing
*Duration: No limitations
*Inferior To: Ad valorem tax liens
*Superior To: All other liens and interests

*“The statement is a lien on the land second only to a property tax lien.” Sect. 134.150(b).

====Unemployment Taxes====
*Citation: Labor Code, 213.057; 213.058
*Priority: Based on filing
*Duration: No limitations
*Inferior To: Ad valorem tax liens; previously filed mortgage liens
*Superior To: Same as state tax liens

*“The amount due from an employing unit to the commission under this subtitle is secured by a lien on property belonging to the employing unit or to any individual indebted for the sum.” Sect. 213.058(a).
*Chapter 113 of the Tax Code applies to this lien.

===Liens Imposed by the Federal Government===

====Federal Tax Lien====
*Citation: 26 USCS 6321; 6323
*Priority: Date of filing
*Duration: 10 years and 30 days
*Inferior To: Ad valorem tax liens; existing mortgage liens; later purchase money liens; public improvement assessment liens and utilities liens.
*Superior To: All other liens and interests

*“If any person liable to pay any tax neglects or refuses to pay the same after demand, the amount … shall be a lien in favor or the United States upon all property and rights to property, whether real or personal, belonging to such person.”
*Federal tax liens are inferior to ad valorem tax liens, liens securing assessments by a taxing authority for public improvements, and liens securing charges for utilities or public services.” Sect. 6323(b)(6).

====Estate Tax Lien====
*Citation: 26 USCS 6324
*Priority: Based on lien inception on date of death
*Duration: 10 year from date of death
*Inferior To: Ad valorem tax liens, expenses of administration and existing liens and interests
*Superior To: All other later filed liens and interests
*“Unless the estate tax imposed by chapter 11 is sooner paid in full, or becomes unenforceable by reason of lapse of time, it shall be a lien upon the gross estate of the decedent for 10 years from the date of death, except that such part of the gross estate as is used for the payment of charges against the estate and expenses of its administration, allowed by any court having jurisdiction thereof, shall be divested of such lien.” Sect. 6324(a)(1).

====Judgment Lien====
*Citation: 28 USCS 3201
*Priority: Based on filing.
*Duration: 20 years from filing
*Inferior To: Ad valorem tax liens and existing liens and interests
*Superior To: All other liens and interests later in time except for purchase money liens.
*“A lien created under (this) subsection shall have priority over any other lien or encumbrance which is perfected later in time.” Sect. 3201(b). *Probably has priority over a purchase money lien.

====Federal lien securing a criminal fine====
*Citation: 18 USCS 3613
*Priority: Based on filing
*Duration: 20 years after entry of judgment or death of defendant
*Inferior To: Ad valorem tax liens and existing liens and interests
*Superior To: All other liens and interests later in time except for purchase money liens.
*“The liability to pay a fine shall terminate the later of 20 years from the entry of judgment or 20 years after the release from imprisonment of the person fined, or upon the death of the individual fined.” Sect. 3613(b).*“The lien arises on the entry of judgment and continues for 20 years or until the liability is satisfied, remitted, set aside or is terminated under subsection (b). Sect. 3613(c).

===Liens Imposed by Private Parties===

====Judgment Lien====
*Citation: Property Code 52.006; Civil Practices and Remedies Code, 34.001
*Priority: Based on filing.
*Duration: 10 years from filing, so long as the judgment supporting it has not become dormant
*Inferior To: Ad valorem tax liens and previously recorded liens and interests and purchase money liens of the obligor
*Superior To: Later created liens and interests *There is a procedure for effecting a release of the AJ by way of an affidavit claiming homestead. Property Code 52.0012.*Merely posting a supersedeas bond on appeal does not eliminate the risk presented by the AJ. Property Code 52.0011.
====Broker’s Lien====
*Citation: Property Code, Ch. 62
*Priority: Based on filing.
*Duration: 2 years from filing date to file suit to foreclose. Sect. 62.062
*Inferior To: Ad valorem tax liens and previously recorded liens and interests
*Superior To: Later created liens and interests

====Child Support Lien====
*Citation: Family Code, 157.318; 157.320
*Priority: Based on filing.
*Duration: Varies
*Inferior To: Ad valorem tax liens, existing liens and later filed purchase money liens
*Superior To: Later created liens and interests
*The lien does not attach to exempt property. Sect. 157.317(a)(b).*The lien exists until the amounts secured by it are paid. CSLs filed on or after May 26, 2009 are valid for 10 years, but may be renewed for unlimited additional 10 year periods. Sect. 157.318(d)*“A conveyance of real property by the obligor after a lien notice has been recorded in the county where the real property is located is subject to the lien and may not impair the enforceability of the lien against the real property.” Sect. 157.320(c).*“A lien created under this subchapter is subordinate to a vendor’s lien retained in a conveyance to the obligor.” Sect. 157.320(d).*There is now a procedure for effecting a release of the CSL by way of an affidavit claiming homestead. Sect. 157.3171.

====HOA Lien for Assessments====
*Citation: Civil Practices & Remedies Code, 16.051
*Priority: Based on filing date of restrictions establishing lien;
*Duration: 4 years from date assessments became delinquent
*Inferior To: Ad valorem taxes and any liens expressly subordinated in the restrictions
*Superior To: Later filed liens and interests
*There is a statutory redemption period after foreclosure.* Beware the effect on mortgage liens.

====Mechanic’s Liens by Affidavit====
*Citation: Property Code, 53.158
*Priority: Commencement of construction
*Duration: Suit must be filed to foreclose lien within 2 years after the last day the affidavit could have been filed, or within 1 year after completion, abandonment or termination of construction(non residential). Suit must be filed to foreclose lien within 1 year after the last day the affidavit could have been filed, or within 1 year after completion, abandonment or termination of construction(residential).
*Inferior To: Ad valorem tax liens; liens and interests filed before commencement of construction
*Superior To: Later filed liens and interests

====Owelty Lien====
*Citation: Texas Constitution Art. XVI, Sect. 50 (homestead)
*Priority: Based upon date of instrument creating lien
*Duration: 4 years from date of maturity of the obligation, or from the date of maturity and acceleration of the debt
*Inferior To: Ad valorem tax liens; pre existing liens and interests
*Superior To: Later created liens and interests

===Other Liens===

*US Judgment Liens -- 20 years, renewable for 20 years
*State Court Judgment Liens -- Money judgments – 10 years renewable for 10 years
*Federal Tax Liens -- 10 years (+30 days); can be refiled
*State Tax Liens --
*Estate Tax Lien -- Federal 10 years
*State Inheritance Tax Liens --
*Mechanics Liens -- ___ if homestead; ___ for non-homestead property unless action to foreclose is commenced
*Financing Statements -- 5 years; 30 years for Manufactured Housing
*Mortgages -- 4 years from Maturity Date
*HOA Liens --
*Condominium assessments --
*Child Support Liens --

==Odd Stuff==
*Underwriter can sign a release affidavit after settlement agent has paid the loan and given lender notice that the loan was paid, no release has been sent by lender, and that the affidavit is being filed as a release. Proof of payment must be attached to the letter to the lender.
*Texas practices are highly regulated with details set forth in the [http://www.tdi.texas.gov/title/titleman.html Texas Basic Manual for Writing of Title Insurance]
*General exceptions are not allowed if an insured objects (P-5). Parties in possession is governed by P-3. Mechanic’s liens are governed by P-8. Taxes and rollback taxes are printed in the commitment and policy.
*Texas forms, policies, commitments, binders and endorsements are promulgated by the Insurance Commissioner. After May 1, 2008, they are essentially the ALTA forms with minor variations.
*By law, Texas title insurance policies may not insure marketable title.Texas policies insure good and indefeasible title.
*No usury coverage available.
*Definitions in Texas Rules:
**Escrow Officer - An attorney, or bona fide employee of either an attorney licensed as an escrow officer, bona fide employee of a title insurance agent, or bona fide employee of a direct operation whose duties include any or all of the following: (1) countersigning title insurance forms; or (2) supervising the preparation and supervising the delivery of title insurance forms; (3) signing escrow checks; or (4) closing the transaction.
**Closing the Transaction - The investigation made on behalf of a title insurance company, title insurance agent or direct operation before the actual issuance of the title policy to determine proper execution, acknowledgment and delivery of all conveyances, mortgage papers, and other title instruments which may be necessary to the consummation of the transaction and includes the determination that all delinquent taxes are paid, all current taxes, based on the latest available information, have been properly prorated between the purchaser and seller in the case of an Owner’s Policy, the consideration has been passed, all proceeds have been properly disbursed, a final search of the title has been made, and all necessary papers have been filed for record.

Divorces in Pennsylvania

2020-01-08T21:44:11Z

Bartbodkin: Created page with "When title is held by either a husband OR a wife alone, and a divorce proceeding has begun, then the non-titled spouse must sign the deed or mortgage."

When title is held by either a husband OR a wife alone, and a divorce proceeding has begun, then the non-titled spouse must sign the deed or mortgage.

Criminal Money Judgments in Pennsylvania

2020-01-08T21:42:53Z

Bartbodkin: Created page with "No limitations--the lien is indefinite. Does not affect after-acquired property; Can include restitution, reparations, fines and costs; Is a judgment in favor of Probation De..."

No limitations--the lien is indefinite.

Does not affect after-acquired property; Can include restitution, reparations, fines and costs; Is a judgment in favor of Probation Dept. or Clerk of Courts

Counties in Pennsylvania

2020-01-08T21:41:28Z

Bartbodkin: Created page with "This site offers links to all PA counties: https://www.pacounties.org/PAsCounties/Pages/County-Websites.aspx"

This site offers links to all PA counties: https://www.pacounties.org/PAsCounties/Pages/County-Websites.aspx

Condominium Association Liens in Pennsylvania

2020-01-08T21:37:20Z

Bartbodkin:

Effective: June 20, 2016
68 Pa.C.S.A. § 3315
§ 3315. Lien for assessments

(a) General rule.--The association has a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner from the time the assessment or fine becomes due. The association's lien may be foreclosed in like manner as a mortgage on real estate. A judicial or other sale of the unit in execution of a common element lien or any other lien shall not affect the lien of a mortgage thereon, except the mortgage for which the sale is being held, if the mortgage is or shall be prior to all other liens upon the same property except those liens identified in 42 Pa.C.S. § 8152(a) (relating to judicial sale as affecting lien of mortgage) and liens for condominium assessments created under this section. Unless the declaration otherwise provides, fees, charges, late charges, fines and interest charged pursuant to section 3302(a)(10), (11) and (12) (relating to powers of unit owners' association) and reasonable costs and expenses of the association, including legal fees, incurred in connection with collection of any sums due the association by the unit owner or enforcement of the provisions of the declaration, bylaws, rules or regulations against the unit owner are enforceable as assessments under this section. If an assessment is payable in installments and one or more installments is not paid when due, the entire outstanding balance of the assessment becomes effective as a lien from the due date of the delinquent installment.

(b) Priority of lien.--

(1) General rule.--A lien under this section is prior to all other liens and encumbrances on a unit except:

(i) Liens and encumbrances recorded before the recordation of the declaration.

(ii) (A) Mortgages and deeds of trust on the unit securing first mortgage holders and recorded before the due date of the assessment, if the assessment is not payable in installments, or the due date of the unpaid installment, if the assessment is payable in installments.

(B) Judgments obtained for obligations secured by mortgages or deeds of trust under clause (A).

(iii) Liens for real estate taxes and other governmental assessments or charges against the unit.

(2) Limited nondivestiture.--The association's lien for assessments shall be divested by a judicial sale of the unit:

(i) As to unpaid common expense assessments made under section 3314(b) (relating to assessments for common expenses) that come due during the six months immediately preceding the date of a judicial sale of a unit in an action to enforce collection of a lien against a unit by a judicial sale, only to the extent that the six months' unpaid assessments are paid out of the proceeds of the sale.

(ii) As to unpaid common expense assessments made under section 3314(b) other than the six months assessment referred to in subparagraph (i), in the full amount of these unpaid assessments, whether or not the proceeds of the judicial sale are adequate to pay these assessments. To the extent the proceeds of the sale are sufficient to pay some or all of these additional assessments, after satisfaction in full of the costs of the judicial sale, and the liens and encumbrances of the types described in paragraph (1) and the unpaid common expense assessments that come due during the six-month period described in subparagraph (i), they shall be paid before any remaining proceeds may be paid to any other claimant, including the prior owner of the unit.

(3) Monetary exemption.--The lien is not subject to the provisions of 42 Pa.C.S. § 8123 (relating to general monetary exemption).

(c) Notice and perfection of lien.--Subject to the provisions of subsection (b), recording of the declaration constitutes record notice and perfection of the lien.

(d) Limitation of actions.--A lien for unpaid assessments is extinguished unless proceedings to enforce the lien or actions or suits to recover sums for which subsection (a) establishes a lien are instituted within four years after the assessments become payable.

(e) Other remedies preserved.--Nothing in this section shall be construed to prohibit actions or suits to recover sums for which subsection (a) creates a lien or to prohibit an association from taking a deed in lieu of foreclosure.

(f) Costs and attorney's fees.--A judgment or decree in any action or suit brought under this section shall include costs and reasonable attorney's fees for the prevailing party.

(g) Statement of unpaid assessments.--The association shall furnish to a unit owner upon written request a recordable statement setting forth the amount of unpaid assessments currently levied against his unit and any credits of surplus in favor of his unit pursuant to section 3313 (relating to surplus funds). The statement shall be furnished within ten business days after receipt of the request and is binding on the association, the executive board and every unit owner.

(h) Application of payments.--Unless the declaration otherwise provides, any payment received by an association in connection with the lien under this section shall be applied first to any interest accrued by the association, then to any late fee, then to any costs and reasonable attorney fees incurred by the association in collection or enforcement and then to the delinquent assessment. The foregoing shall be applicable, notwithstanding any restrictive endorsement, designation or instructions placed on or accompanying a payment.

Condominium Association Liens in Pennsylvania

2020-01-08T21:36:16Z

Bartbodkin: Created page with "Effective: June 20, 2016 68 Pa.C.S.A. § 3315 § 3315. Lien for assessments (a) General rule.--The association has a lien on a unit for any assessment levied against that un..."

Effective: June 20, 2016
68 Pa.C.S.A. § 3315
§ 3315. Lien for assessments

(a) General rule.--The association has a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner from the time the assessment or fine becomes due. The association's lien may be foreclosed in like manner as a mortgage on real estate. A judicial or other sale of the unit in execution of a common element lien or any other lien shall not affect the lien of a mortgage thereon, except the mortgage for which the sale is being held, if the mortgage is or shall be prior to all other liens upon the same property except those liens identified in 42 Pa.C.S. § 8152(a) (relating to judicial sale as affecting lien of mortgage) and liens for condominium assessments created under this section. Unless the declaration otherwise provides, fees, charges, late charges, fines and interest charged pursuant to section 3302(a)(10), (11) and (12) (relating to powers of unit owners' association) and reasonable costs and expenses of the association, including legal fees, incurred in connection with collection of any sums due the association by the unit owner or enforcement of the provisions of the declaration, bylaws, rules or regulations against the unit owner are enforceable as assessments under this section. If an assessment is payable in installments and one or more installments is not paid when due, the entire outstanding balance of the assessment becomes effective as a lien from the due date of the delinquent installment.
(b) Priority of lien.--
(1) General rule.--A lien under this section is prior to all other liens and encumbrances on a unit except:
(i) Liens and encumbrances recorded before the recordation of the declaration.
(ii) (A) Mortgages and deeds of trust on the unit securing first mortgage holders and recorded before the due date of the assessment, if the assessment is not payable in installments, or the due date of the unpaid installment, if the assessment is payable in installments.
(B) Judgments obtained for obligations secured by mortgages or deeds of trust under clause (A).
(iii) Liens for real estate taxes and other governmental assessments or charges against the unit.
(2) Limited nondivestiture.--The association's lien for assessments shall be divested by a judicial sale of the unit:
(i) As to unpaid common expense assessments made under section 3314(b) (relating to assessments for common expenses) that come due during the six months immediately preceding the date of a judicial sale of a unit in an action to enforce collection of a lien against a unit by a judicial sale, only to the extent that the six months' unpaid assessments are paid out of the proceeds of the sale.
(ii) As to unpaid common expense assessments made under section 3314(b) other than the six months assessment referred to in subparagraph (i), in the full amount of these unpaid assessments, whether or not the proceeds of the judicial sale are adequate to pay these assessments. To the extent the proceeds of the sale are sufficient to pay some or all of these additional assessments, after satisfaction in full of the costs of the judicial sale, and the liens and encumbrances of the types described in paragraph (1) and the unpaid common expense assessments that come due during the six-month period described in subparagraph (i), they shall be paid before any remaining proceeds may be paid to any other claimant, including the prior owner of the unit.
(3) Monetary exemption.--The lien is not subject to the provisions of 42 Pa.C.S. § 8123 (relating to general monetary exemption).
(c) Notice and perfection of lien.--Subject to the provisions of subsection (b), recording of the declaration constitutes record notice and perfection of the lien.
(d) Limitation of actions.--A lien for unpaid assessments is extinguished unless proceedings to enforce the lien or actions or suits to recover sums for which subsection (a) establishes a lien are instituted within four years after the assessments become payable.
(e) Other remedies preserved.--Nothing in this section shall be construed to prohibit actions or suits to recover sums for which subsection (a) creates a lien or to prohibit an association from taking a deed in lieu of foreclosure.
(f) Costs and attorney's fees.--A judgment or decree in any action or suit brought under this section shall include costs and reasonable attorney's fees for the prevailing party.
(g) Statement of unpaid assessments.--The association shall furnish to a unit owner upon written request a recordable statement setting forth the amount of unpaid assessments currently levied against his unit and any credits of surplus in favor of his unit pursuant to section 3313 (relating to surplus funds). The statement shall be furnished within ten business days after receipt of the request and is binding on the association, the executive board and every unit owner.
(h) Application of payments.--Unless the declaration otherwise provides, any payment received by an association in connection with the lien under this section shall be applied first to any interest accrued by the association, then to any late fee, then to any costs and reasonable attorney fees incurred by the association in collection or enforcement and then to the delinquent assessment. The foregoing shall be applicable, notwithstanding any restrictive endorsement, designation or instructions placed on or accompanying a payment.

Common Law Marriage in Pennsylvania

2020-01-08T21:33:22Z

Bartbodkin: Created page with "Eliminated by statute in 2005. Effective: January 24, 2005 23 Pa.C.S.A. § 1103 § 1103. Common-law marriage No common-law marriage contracted after January 1, 2005, shall b..."

Eliminated by statute in 2005.

Effective: January 24, 2005
23 Pa.C.S.A. § 1103
§ 1103. Common-law marriage

No common-law marriage contracted after January 1, 2005, shall be valid. Nothing in this part shall be deemed or taken to render any common-law marriage otherwise lawful and contracted on or before January 1, 2005, invalid.

Credits
1990, Dec. 19, P.L. 1240, No. 206, § 2, effective in 90 days. Amended 2004, Nov. 23, P.L. 954, No. 144, § 1, effective in 60 days [Jan. 24, 2005].

After-Acquired Title in Pennsylvania

2020-01-08T20:39:36Z

Bartbodkin:

A state court judgment is a lien on real estate owned by the debtor at the time of the judgment and does not attach to after acquired property. Note that if the judgment is revived after the purchase of property, it will attach upon revival.

However, Federal judgments and tax liens do attach to after-acquired property. IRS liens are subordinate to a purchase money mortgage, but the lien must be shown on Schedule B. II. as a subordinate matter. The lender must be notified and approve, and the closing instructions must be consistent and not require that the lien be removed.

Child support liens attach to after-acquired title.

Liens for student loans attach to after-acquired title.

Unemployment compensation liens attach to after-acquired title of the employer liable for the tax.

Sales and use taxes attach to after-acquired title, according to the PA Department of Revenue.

After-Acquired Title in Pennsylvania

2020-01-08T20:38:50Z

Bartbodkin: Created page with "A state court judgment is a lien on real estate owned by the debtor at the time of the judgment and does not attach to after acquired property. Note that if the judgment is r..."

A state court judgment is a lien on real estate owned by the debtor at the time of the judgment and does not attach to after acquired property. Note that if the judgment is revived after the purchase of property, it will attach upon revival.

However, Federal judgments tax liens do attach to after acquired property. IRS liens are subordinate to a purchase money mortgage, but the lien must be shown on Schedule B. II. as a subordinate matter. The lender must be notified and approve, and the closing instructions must be consistent and not require that the lien be removed.

Child support liens attach to after-acquired title.

Liens for student loans attach to after-acquired title.

Unemployment compensation liens attach to after-acquired title of the employer liable for the tax.

Sales and use taxes attach to after-acquired title, according to the PA Department of Revenue.

Actions to Quiet Title in Pennsylvania

2020-01-08T20:25:07Z

Bartbodkin:

An action to quiet title may be brought:

(1) to compel an adverse party to commence an action of ejectment;1

(2) where an action of ejectment will not lie, to determine any right, lien, title, or interest in the land or to determine the validity or discharge of any document, obligation, or deed affecting any right, lien, title, or interest in land;2

(3) to compel an adverse party to file, record, cancel, surrender, or satisfy of record, or admit the validity, invalidity, or discharge of any document, obligation, or deed affecting any right, lien, title, or interest in land;3 or

(4) to obtain possession of land sold at a judicial or tax sale.4

Generally, an action to quiet title is designed to determine a dispute over the title to real estate of which the plaintiff is in possession;5 conversely, if the defendant is in possession of the subject property, an action to quiet title ordinarily is barred, because an action of ejectment is the proper remedy.6 An out-of-possession plaintiff may not maintain an action to quiet title because it constitutes an enlargement of that party's substantive rights as defined by statute, thus exceeds the court's jurisdiction to proceed.7

There is no precise definition of what constitutes "possession" of real property for purposes of determining whether a plaintiff is out of possession and thus not entitled to maintain an action to quiet title; a determination of possession is dependent upon the facts of each case, and to a large extent upon the character of the land in question. In general, "actual possession of land" means dominion over the property; it is not the equivalent of occupancy.8

Observation:
There are situations, however, where an action to quiet title may be brought by a plaintiff not in possession, such as where the plaintiff is only an equitable owner of the property and has no present right to possession.9 In addition, an action to quiet title can be utilized by a lessor against a lessee who is in actual possession under a written lease.10 An action to quiet title, therefore, may be authorized regardless of whether the plaintiff is in possession of the subject property.11

In keeping with its underlying purpose of unifying into one single procedure all the diverse procedures by which clouds on title were tried formerly, an action to quiet title provides a full and complete remedy for the removal of every type of cloud on a title to real estate.12

In particular, actions to quiet title are available to:13

• determine any right, lien, title, or interest in land

• determine the validity of any document, obligation, or deed affecting any right, lien, title, or interest in land

• determine the discharge of any such document, obligation, or deed

• compel an adverse party to file or record any such document, obligation, or deed

• compel an adverse party to cancel or surrender any such document, obligation, or deed

• compel an adverse party to satisfy of record any such document, obligation, or deed

• compel an adverse party to admit the validity of any such document, obligation, or deed

• compel an adverse party to admit the invalidity of any such document, obligation, or deed

• compel an adverse party to admit the discharge of any such document, obligation, or deed

CUMULATIVE SUPPLEMENT
Cases:
An action to quiet title is designed to resolve a dispute over the title to real estate of which the plaintiff is in possession. Woodhouse Hunting Club, Inc. v. Hoyt, 2018 PA Super 78, 183 A.3d 453 (2018).
[END OF SUPPLEMENT]
Westlaw. © 2019 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.

Footnotes
1
Pa. R. Civ. P. 1061(b)(1), discussed in § 120:142.
As to actions of ejectment, generally, see §§ 120:1 to 120:29.
As to a comparison of ejectment and quiet title actions, see § 120:2.
As to procedure in ejectment proceedings, see §§ 120:30 to 120:126.

2
Pa. R. Civ. P. 1061(b)(2), discussed in § 120:144.

3
Pa. R. Civ. P. 1061(b)(3), discussed in § 120:150.

4
Pa. R. Civ. P. 1061(b)(4), discussed in § 120:147.

5
Moore v. Duran, 455 Pa. Super. 124, 687 A.2d 822 (1996); Seven Springs Farm, Inc. v. King, 235 Pa. Super. 450, 344 A.2d 641 (1975).

6
Brennan v. Shore Bros., 380 Pa. 283, 110 A.2d 401 (1955); Bruker v. Burgess and Town Council of Borough of Carlisle, 376 Pa. 330, 102 A.2d 418 (1954); Moore v. Duran, 455 Pa. Super. 124, 687 A.2d 822 (1996); Versailles Tp. Authority of Allegheny County v. City of McKeesport, 171 Pa. Super. 377, 90 A.2d 581 (1952).

As to actions of ejectment, generally, see §§ 120:1 to 120:29.
As to a comparison of ejectment and quiet title actions, see § 120:2.

7
Moore v. Duran, 455 Pa. Super. 124, 687 A.2d 822 (1996); Plauchak v. Boling, 439 Pa. Super. 156, 653 A.2d 671 (1995).

8
Moore v. Duran, 455 Pa. Super. 124, 687 A.2d 822 (1996).

9
City of Philadelphia to Use of Eastern Asphalt Co. v. Kelly, 78 Pa. D. & C. 445, 1952 WL 4255 (C.P. 1952); Brennan v. Shore Bros., 380 Pa. 283, 110 A.2d 401 (1955).

10
Deaven v. School Dist. of West Hanover Tp., 1 Pa. D. & C.2d 293, 1955 WL 5061 (C.P. 1955); Brennan v. Shore Bros., 380 Pa. 283, 110 A.2d 401 (1955).

11
McCullough v. Main Line Federal Sav. and Loan Ass'n, 75 Pa. D. & C.2d 442, 1976 WL 17458 (C.P. 1976); Hanson v. Berenfield, 24 Pa. D. & C.2d 361, 1961 WL 6394 (C.P. 1961).

12
Valente v. Northampton Nat. Bank of Easton, 2 Pa. D. & C.3d 623, 1976 WL 459 (C.P. 1976); Roskwitalski v. Reiss, 338 Pa. Super. 85, 487 A.2d 864 (1985).

13
Goodrich-Amram § 1061(b):2 (2d ed.).

Actions to Quiet Title in Pennsylvania

2020-01-08T20:24:12Z

Bartbodkin:

An action to quiet title may be brought:

(1) to compel an adverse party to commence an action of ejectment;1

(2) where an action of ejectment will not lie, to determine any right, lien, title, or interest in the land or to determine the validity or discharge of any document, obligation, or deed affecting any right, lien, title, or interest in land;2

(3) to compel an adverse party to file, record, cancel, surrender, or satisfy of record, or admit the validity, invalidity, or discharge of any document, obligation, or deed affecting any right, lien, title, or interest in land;3 or

(4) to obtain possession of land sold at a judicial or tax sale.4

Generally, an action to quiet title is designed to determine a dispute over the title to real estate of which the plaintiff is in possession;5 conversely, if the defendant is in possession of the subject property, an action to quiet title ordinarily is barred, because an action of ejectment is the proper remedy.6 An out-of-possession plaintiff may not maintain an action to quiet title because it constitutes an enlargement of that party's substantive rights as defined by statute, thus exceeds the court's jurisdiction to proceed.7

There is no precise definition of what constitutes "possession" of real property for purposes of determining whether a plaintiff is out of possession and thus not entitled to maintain an action to quiet title; a determination of possession is dependent upon the facts of each case, and to a large extent upon the character of the land in question. In general, "actual possession of land" means dominion over the property; it is not the equivalent of occupancy.8

Observation:
There are situations, however, where an action to quiet title may be brought by a plaintiff not in possession, such as where the plaintiff is only an equitable owner of the property and has no present right to possession.9 In addition, an action to quiet title can be utilized by a lessor against a lessee who is in actual possession under a written lease.10 An action to quiet title, therefore, may be authorized regardless of whether the plaintiff is in possession of the subject property.11

In keeping with its underlying purpose of unifying into one single procedure all the diverse procedures by which clouds on title were tried formerly, an action to quiet title provides a full and complete remedy for the removal of every type of cloud on a title to real estate.12

In particular, actions to quiet title are available to:13

• determine any right, lien, title, or interest in land

• determine the validity of any document, obligation, or deed affecting any right, lien, title, or interest in land

• determine the discharge of any such document, obligation, or deed

• compel an adverse party to file or record any such document, obligation, or deed

• compel an adverse party to cancel or surrender any such document, obligation, or deed

• compel an adverse party to satisfy of record any such document, obligation, or deed

• compel an adverse party to admit the validity of any such document, obligation, or deed

• compel an adverse party to admit the invalidity of any such document, obligation, or deed

• compel an adverse party to admit the discharge of any such document, obligation, or deed

CUMULATIVE SUPPLEMENT
Cases:
An action to quiet title is designed to resolve a dispute over the title to real estate of which the plaintiff is in possession. Woodhouse Hunting Club, Inc. v. Hoyt, 2018 PA Super 78, 183 A.3d 453 (2018).
[END OF SUPPLEMENT]
Westlaw. © 2019 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.

Footnotes
1
Pa. R. Civ. P. 1061(b)(1), discussed in § 120:142.
As to actions of ejectment, generally, see §§ 120:1 to 120:29.
As to a comparison of ejectment and quiet title actions, see § 120:2.
As to procedure in ejectment proceedings, see §§ 120:30 to 120:126.
2
Pa. R. Civ. P. 1061(b)(2), discussed in § 120:144.
3
Pa. R. Civ. P. 1061(b)(3), discussed in § 120:150.
4
Pa. R. Civ. P. 1061(b)(4), discussed in § 120:147.
5
Moore v. Duran, 455 Pa. Super. 124, 687 A.2d 822 (1996); Seven Springs Farm, Inc. v. King, 235 Pa. Super. 450, 344 A.2d 641 (1975).
6
Brennan v. Shore Bros., 380 Pa. 283, 110 A.2d 401 (1955); Bruker v. Burgess and Town Council of Borough of Carlisle, 376 Pa. 330, 102 A.2d 418 (1954); Moore v. Duran, 455 Pa. Super. 124, 687 A.2d 822 (1996); Versailles Tp. Authority of Allegheny County v. City of McKeesport, 171 Pa. Super. 377, 90 A.2d 581 (1952).
As to actions of ejectment, generally, see §§ 120:1 to 120:29.
As to a comparison of ejectment and quiet title actions, see § 120:2.
7
Moore v. Duran, 455 Pa. Super. 124, 687 A.2d 822 (1996); Plauchak v. Boling, 439 Pa. Super. 156, 653 A.2d 671 (1995).
8
Moore v. Duran, 455 Pa. Super. 124, 687 A.2d 822 (1996).
9
City of Philadelphia to Use of Eastern Asphalt Co. v. Kelly, 78 Pa. D. & C. 445, 1952 WL 4255 (C.P. 1952); Brennan v. Shore Bros., 380 Pa. 283, 110 A.2d 401 (1955).
10
Deaven v. School Dist. of West Hanover Tp., 1 Pa. D. & C.2d 293, 1955 WL 5061 (C.P. 1955); Brennan v. Shore Bros., 380 Pa. 283, 110 A.2d 401 (1955).
11
McCullough v. Main Line Federal Sav. and Loan Ass'n, 75 Pa. D. & C.2d 442, 1976 WL 17458 (C.P. 1976); Hanson v. Berenfield, 24 Pa. D. & C.2d 361, 1961 WL 6394 (C.P. 1961).
12
Valente v. Northampton Nat. Bank of Easton, 2 Pa. D. & C.3d 623, 1976 WL 459 (C.P. 1976); Roskwitalski v. Reiss, 338 Pa. Super. 85, 487 A.2d 864 (1985).
13
Goodrich-Amram § 1061(b):2 (2d ed.).

Actions to Quiet Title in Pennsylvania

2020-01-08T20:23:43Z

Bartbodkin:

An action to quiet title may be brought:

(1) to compel an adverse party to commence an action of ejectment;1

(2) where an action of ejectment will not lie, to determine any right, lien, title, or interest in the land or to determine the validity or discharge of any document, obligation, or deed affecting any right, lien, title, or interest in land;2

(3) to compel an adverse party to file, record, cancel, surrender, or satisfy of record, or admit the validity, invalidity, or discharge of any document, obligation, or deed affecting any right, lien, title, or interest in land;3 or

(4) to obtain possession of land sold at a judicial or tax sale.4

Generally, an action to quiet title is designed to determine a dispute over the title to real estate of which the plaintiff is in possession;5 conversely, if the defendant is in possession of the subject property, an action to quiet title ordinarily is barred, because an action of ejectment is the proper remedy.6 An out-of-possession plaintiff may not maintain an action to quiet title because it constitutes an enlargement of that party's substantive rights as defined by statute, thus exceeds the court's jurisdiction to proceed.7

There is no precise definition of what constitutes "possession" of real property for purposes of determining whether a plaintiff is out of possession and thus not entitled to maintain an action to quiet title; a determination of possession is dependent upon the facts of each case, and to a large extent upon the character of the land in question. In general, "actual possession of land" means dominion over the property; it is not the equivalent of occupancy.8

Observation:
There are situations, however, where an action to quiet title may be brought by a plaintiff not in possession, such as where the plaintiff is only an equitable owner of the property and has no present right to possession.9 In addition, an action to quiet title can be utilized by a lessor against a lessee who is in actual possession under a written lease.10 An action to quiet title, therefore, may be authorized regardless of whether the plaintiff is in possession of the subject property.11

In keeping with its underlying purpose of unifying into one single procedure all the diverse procedures by which clouds on title were tried formerly, an action to quiet title provides a full and complete remedy for the removal of every type of cloud on a title to real estate.12

In particular, actions to quiet title are available to:13

• determine any right, lien, title, or interest in land
• determine the validity of any document, obligation, or deed affecting any right, lien, title, or interest in land
• determine the discharge of any such document, obligation, or deed
• compel an adverse party to file or record any such document, obligation, or deed
• compel an adverse party to cancel or surrender any such document, obligation, or deed
• compel an adverse party to satisfy of record any such document, obligation, or deed
• compel an adverse party to admit the validity of any such document, obligation, or deed
• compel an adverse party to admit the invalidity of any such document, obligation, or deed
• compel an adverse party to admit the discharge of any such document, obligation, or deed

CUMULATIVE SUPPLEMENT
Cases:
An action to quiet title is designed to resolve a dispute over the title to real estate of which the plaintiff is in possession. Woodhouse Hunting Club, Inc. v. Hoyt, 2018 PA Super 78, 183 A.3d 453 (2018).
[END OF SUPPLEMENT]
Westlaw. © 2019 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.

Footnotes
1
Pa. R. Civ. P. 1061(b)(1), discussed in § 120:142.
As to actions of ejectment, generally, see §§ 120:1 to 120:29.
As to a comparison of ejectment and quiet title actions, see § 120:2.
As to procedure in ejectment proceedings, see §§ 120:30 to 120:126.
2
Pa. R. Civ. P. 1061(b)(2), discussed in § 120:144.
3
Pa. R. Civ. P. 1061(b)(3), discussed in § 120:150.
4
Pa. R. Civ. P. 1061(b)(4), discussed in § 120:147.
5
Moore v. Duran, 455 Pa. Super. 124, 687 A.2d 822 (1996); Seven Springs Farm, Inc. v. King, 235 Pa. Super. 450, 344 A.2d 641 (1975).
6
Brennan v. Shore Bros., 380 Pa. 283, 110 A.2d 401 (1955); Bruker v. Burgess and Town Council of Borough of Carlisle, 376 Pa. 330, 102 A.2d 418 (1954); Moore v. Duran, 455 Pa. Super. 124, 687 A.2d 822 (1996); Versailles Tp. Authority of Allegheny County v. City of McKeesport, 171 Pa. Super. 377, 90 A.2d 581 (1952).
As to actions of ejectment, generally, see §§ 120:1 to 120:29.
As to a comparison of ejectment and quiet title actions, see § 120:2.
7
Moore v. Duran, 455 Pa. Super. 124, 687 A.2d 822 (1996); Plauchak v. Boling, 439 Pa. Super. 156, 653 A.2d 671 (1995).
8
Moore v. Duran, 455 Pa. Super. 124, 687 A.2d 822 (1996).
9
City of Philadelphia to Use of Eastern Asphalt Co. v. Kelly, 78 Pa. D. & C. 445, 1952 WL 4255 (C.P. 1952); Brennan v. Shore Bros., 380 Pa. 283, 110 A.2d 401 (1955).
10
Deaven v. School Dist. of West Hanover Tp., 1 Pa. D. & C.2d 293, 1955 WL 5061 (C.P. 1955); Brennan v. Shore Bros., 380 Pa. 283, 110 A.2d 401 (1955).
11
McCullough v. Main Line Federal Sav. and Loan Ass'n, 75 Pa. D. & C.2d 442, 1976 WL 17458 (C.P. 1976); Hanson v. Berenfield, 24 Pa. D. & C.2d 361, 1961 WL 6394 (C.P. 1961).
12
Valente v. Northampton Nat. Bank of Easton, 2 Pa. D. & C.3d 623, 1976 WL 459 (C.P. 1976); Roskwitalski v. Reiss, 338 Pa. Super. 85, 487 A.2d 864 (1985).
13
Goodrich-Amram § 1061(b):2 (2d ed.).

Actions to Quiet Title in Pennsylvania

2020-01-08T20:23:01Z

Bartbodkin:

An action to quiet title may be brought:
(1) to compel an adverse party to commence an action of ejectment;1
(2) where an action of ejectment will not lie, to determine any right, lien, title, or interest in the land or to determine the validity or discharge of any document, obligation, or deed affecting any right, lien, title, or interest in land;2
(3) to compel an adverse party to file, record, cancel, surrender, or satisfy of record, or admit the validity, invalidity, or discharge of any document, obligation, or deed affecting any right, lien, title, or interest in land;3 or
(4) to obtain possession of land sold at a judicial or tax sale.4
Generally, an action to quiet title is designed to determine a dispute over the title to real estate of which the plaintiff is in possession;5 conversely, if the defendant is in possession of the subject property, an action to quiet title ordinarily is barred, because an action of ejectment is the proper remedy.6 An out-of-possession plaintiff may not maintain an action to quiet title because it constitutes an enlargement of that party's substantive rights as defined by statute, thus exceeds the court's jurisdiction to proceed.7
There is no precise definition of what constitutes "possession" of real property for purposes of determining whether a plaintiff is out of possession and thus not entitled to maintain an action to quiet title; a determination of possession is dependent upon the facts of each case, and to a large extent upon the character of the land in question. In general, "actual possession of land" means dominion over the property; it is not the equivalent of occupancy.8
Observation:
There are situations, however, where an action to quiet title may be brought by a plaintiff not in possession, such as where the plaintiff is only an equitable owner of the property and has no present right to possession.9 In addition, an action to quiet title can be utilized by a lessor against a lessee who is in actual possession under a written lease.10 An action to quiet title, therefore, may be authorized regardless of whether the plaintiff is in possession of the subject property.11
In keeping with its underlying purpose of unifying into one single procedure all the diverse procedures by which clouds on title were tried formerly, an action to quiet title provides a full and complete remedy for the removal of every type of cloud on a title to real estate.12
In particular, actions to quiet title are available to:13
• determine any right, lien, title, or interest in land
• determine the validity of any document, obligation, or deed affecting any right, lien, title, or interest in land
• determine the discharge of any such document, obligation, or deed
• compel an adverse party to file or record any such document, obligation, or deed
• compel an adverse party to cancel or surrender any such document, obligation, or deed
• compel an adverse party to satisfy of record any such document, obligation, or deed
• compel an adverse party to admit the validity of any such document, obligation, or deed
• compel an adverse party to admit the invalidity of any such document, obligation, or deed
• compel an adverse party to admit the discharge of any such document, obligation, or deed

CUMULATIVE SUPPLEMENT
Cases:
An action to quiet title is designed to resolve a dispute over the title to real estate of which the plaintiff is in possession. Woodhouse Hunting Club, Inc. v. Hoyt, 2018 PA Super 78, 183 A.3d 453 (2018).
[END OF SUPPLEMENT]
Westlaw. © 2019 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.

Footnotes
1
Pa. R. Civ. P. 1061(b)(1), discussed in § 120:142.
As to actions of ejectment, generally, see §§ 120:1 to 120:29.
As to a comparison of ejectment and quiet title actions, see § 120:2.
As to procedure in ejectment proceedings, see §§ 120:30 to 120:126.
2
Pa. R. Civ. P. 1061(b)(2), discussed in § 120:144.
3
Pa. R. Civ. P. 1061(b)(3), discussed in § 120:150.
4
Pa. R. Civ. P. 1061(b)(4), discussed in § 120:147.
5
Moore v. Duran, 455 Pa. Super. 124, 687 A.2d 822 (1996); Seven Springs Farm, Inc. v. King, 235 Pa. Super. 450, 344 A.2d 641 (1975).
6
Brennan v. Shore Bros., 380 Pa. 283, 110 A.2d 401 (1955); Bruker v. Burgess and Town Council of Borough of Carlisle, 376 Pa. 330, 102 A.2d 418 (1954); Moore v. Duran, 455 Pa. Super. 124, 687 A.2d 822 (1996); Versailles Tp. Authority of Allegheny County v. City of McKeesport, 171 Pa. Super. 377, 90 A.2d 581 (1952).
As to actions of ejectment, generally, see §§ 120:1 to 120:29.
As to a comparison of ejectment and quiet title actions, see § 120:2.
7
Moore v. Duran, 455 Pa. Super. 124, 687 A.2d 822 (1996); Plauchak v. Boling, 439 Pa. Super. 156, 653 A.2d 671 (1995).
8
Moore v. Duran, 455 Pa. Super. 124, 687 A.2d 822 (1996).
9
City of Philadelphia to Use of Eastern Asphalt Co. v. Kelly, 78 Pa. D. & C. 445, 1952 WL 4255 (C.P. 1952); Brennan v. Shore Bros., 380 Pa. 283, 110 A.2d 401 (1955).
10
Deaven v. School Dist. of West Hanover Tp., 1 Pa. D. & C.2d 293, 1955 WL 5061 (C.P. 1955); Brennan v. Shore Bros., 380 Pa. 283, 110 A.2d 401 (1955).
11
McCullough v. Main Line Federal Sav. and Loan Ass'n, 75 Pa. D. & C.2d 442, 1976 WL 17458 (C.P. 1976); Hanson v. Berenfield, 24 Pa. D. & C.2d 361, 1961 WL 6394 (C.P. 1961).
12
Valente v. Northampton Nat. Bank of Easton, 2 Pa. D. & C.3d 623, 1976 WL 459 (C.P. 1976); Roskwitalski v. Reiss, 338 Pa. Super. 85, 487 A.2d 864 (1985).
13
Goodrich-Amram § 1061(b):2 (2d ed.).

Actions to Quiet Title in Pennsylvania

2020-01-08T20:21:54Z

Bartbodkin: Created page with "An action to quiet title may be brought: (1) to compel an adverse party to commence an action of ejectment;1 (2) where an action of ejectment will not lie, to determine any ri..."

An action to quiet title may be brought:
(1) to compel an adverse party to commence an action of ejectment;1
(2) where an action of ejectment will not lie, to determine any right, lien, title, or interest in the land or to determine the validity or discharge of any document, obligation, or deed affecting any right, lien, title, or interest in land;2
(3) to compel an adverse party to file, record, cancel, surrender, or satisfy of record, or admit the validity, invalidity, or discharge of any document, obligation, or deed affecting any right, lien, title, or interest in land;3 or
(4) to obtain possession of land sold at a judicial or tax sale.4
Generally, an action to quiet title is designed to determine a dispute over the title to real estate of which the plaintiff is in possession;5 conversely, if the defendant is in possession of the subject property, an action to quiet title ordinarily is barred, because an action of ejectment is the proper remedy.6 An out-of-possession plaintiff may not maintain an action to quiet title because it constitutes an enlargement of that party's substantive rights as defined by statute, thus exceeds the court's jurisdiction to proceed.7
There is no precise definition of what constitutes "possession" of real property for purposes of determining whether a plaintiff is out of possession and thus not entitled to maintain an action to quiet title; a determination of possession is dependent upon the facts of each case, and to a large extent upon the character of the land in question. In general, "actual possession of land" means dominion over the property; it is not the equivalent of occupancy.8
Observation:
There are situations, however, where an action to quiet title may be brought by a plaintiff not in possession, such as where the plaintiff is only an equitable owner of the property and has no present right to possession.9 In addition, an action to quiet title can be utilized by a lessor against a lessee who is in actual possession under a written lease.10 An action to quiet title, therefore, may be authorized regardless of whether the plaintiff is in possession of the subject property.11
In keeping with its underlying purpose of unifying into one single procedure all the diverse procedures by which clouds on title were tried formerly, an action to quiet title provides a full and complete remedy for the removal of every type of cloud on a title to real estate.12
In particular, actions to quiet title are available to:13
• determine any right, lien, title, or interest in land
• determine the validity of any document, obligation, or deed affecting any right, lien, title, or interest in land
• determine the discharge of any such document, obligation, or deed
• compel an adverse party to file or record any such document, obligation, or deed
• compel an adverse party to cancel or surrender any such document, obligation, or deed
• compel an adverse party to satisfy of record any such document, obligation, or deed
• compel an adverse party to admit the validity of any such document, obligation, or deed
• compel an adverse party to admit the invalidity of any such document, obligation, or deed
• compel an adverse party to admit the discharge of any such document, obligation, or deed
CUMULATIVE SUPPLEMENT
Cases:
An action to quiet title is designed to resolve a dispute over the title to real estate of which the plaintiff is in possession. Woodhouse Hunting Club, Inc. v. Hoyt, 2018 PA Super 78, 183 A.3d 453 (2018).
[END OF SUPPLEMENT]
Westlaw. © 2019 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.
Footnotes
1
Pa. R. Civ. P. 1061(b)(1), discussed in § 120:142.
As to actions of ejectment, generally, see §§ 120:1 to 120:29.
As to a comparison of ejectment and quiet title actions, see § 120:2.
As to procedure in ejectment proceedings, see §§ 120:30 to 120:126.
2
Pa. R. Civ. P. 1061(b)(2), discussed in § 120:144.
3
Pa. R. Civ. P. 1061(b)(3), discussed in § 120:150.
4
Pa. R. Civ. P. 1061(b)(4), discussed in § 120:147.
5
Moore v. Duran, 455 Pa. Super. 124, 687 A.2d 822 (1996); Seven Springs Farm, Inc. v. King, 235 Pa. Super. 450, 344 A.2d 641 (1975).
6
Brennan v. Shore Bros., 380 Pa. 283, 110 A.2d 401 (1955); Bruker v. Burgess and Town Council of Borough of Carlisle, 376 Pa. 330, 102 A.2d 418 (1954); Moore v. Duran, 455 Pa. Super. 124, 687 A.2d 822 (1996); Versailles Tp. Authority of Allegheny County v. City of McKeesport, 171 Pa. Super. 377, 90 A.2d 581 (1952).
As to actions of ejectment, generally, see §§ 120:1 to 120:29.
As to a comparison of ejectment and quiet title actions, see § 120:2.
7
Moore v. Duran, 455 Pa. Super. 124, 687 A.2d 822 (1996); Plauchak v. Boling, 439 Pa. Super. 156, 653 A.2d 671 (1995).
8
Moore v. Duran, 455 Pa. Super. 124, 687 A.2d 822 (1996).
9
City of Philadelphia to Use of Eastern Asphalt Co. v. Kelly, 78 Pa. D. & C. 445, 1952 WL 4255 (C.P. 1952); Brennan v. Shore Bros., 380 Pa. 283, 110 A.2d 401 (1955).
10
Deaven v. School Dist. of West Hanover Tp., 1 Pa. D. & C.2d 293, 1955 WL 5061 (C.P. 1955); Brennan v. Shore Bros., 380 Pa. 283, 110 A.2d 401 (1955).
11
McCullough v. Main Line Federal Sav. and Loan Ass'n, 75 Pa. D. & C.2d 442, 1976 WL 17458 (C.P. 1976); Hanson v. Berenfield, 24 Pa. D. & C.2d 361, 1961 WL 6394 (C.P. 1961).
12
Valente v. Northampton Nat. Bank of Easton, 2 Pa. D. & C.3d 623, 1976 WL 459 (C.P. 1976); Roskwitalski v. Reiss, 338 Pa. Super. 85, 487 A.2d 864 (1985).
13
Goodrich-Amram § 1061(b):2 (2d ed.).

Attorney Certifications in Pennsylvania

2020-01-08T19:47:48Z

Bartbodkin: Created page with "No statutory requirement"

No statutory requirement

Adverse Possession in Pennsylvania

2020-01-08T19:44:26Z

Bartbodkin: Created page with "Twenty-one years. But we do not rely on the statute alone to insure. Typically we require a quiet title action in addition to the time period. 68 P.S. § 81 § 81. Statement..."

Twenty-one years. But we do not rely on the statute alone to insure. Typically we require a quiet title action in addition to the time period.

68 P.S. § 81
§ 81. Statement of claim under statute of limitations, by claimant out of possession

Every person who now has or shall hereafter acquire, or does or shall claim to have acquired, title to any real estate by twenty-one years' adverse possession, under the provisions of the act of twenty-sixth March, one thousand seven hundred and eighty-five,1 and the several supplements thereto, and shall not be in the possession of the said real estate, shall, within six months from the time of withdrawing from or being out of the said possession, file in the recorder's office of the county where the said real estate is situate a written statement of his claim, by him subscribed and sworn to, in substance as follows, viz.:

Closing and Escrow in Pennsylvania

2020-01-08T18:34:13Z

Bartbodkin:

(NOTE: You must confirm pricing shown herein with the most recent TIRBOP rate manual.)

*Who can prepare the Settlement Statement -- No restrictions

*Who can sign the Settlement Statement EO/LTP/Attorney) -- No restrictions

*Who orders hazard insurance -- Customary -

*When is transaction consummated for new Settlement Statement --

*Record before/after disburse -- Record first

*Filed/restricted escrow rates -- If yes, see <<HUD OR SEPARATE SHEET>>

*Record retention requirements --

*Is an attorney involved in the closing -- If yes, explanation attached

*Who can handle loan document signing -- Notary signing permitted but cannot pass thru charge

*Doc Prep Restrictions -- Non-standard docs must be prepared by attorney

*Use Escrow Instructions or not -- No

*Use Estimated Settlement Statement or Final -- Final

*Pass-thru charges -- Limited – Rate Manual Sections 2.1 & 3.4

*Rates Inclusive or not – Inclusive with exceptions

**Section 2.3 of the Pennsylvania Rate Manual allows a separate search and/or examination fee "in specially difficult title matters". Those matters would include "multiple chains of title, land under water, coal, oil, gas or mineral searches, railroad property searches, land in beds of streets, rights-of-way, driveways, foreclosures, tax sales, proceedings under federal bankruptcy or state insolvency related statutes, or … other unusual difficulties or unusual expenditures".

**Pass through Charges permitted for Tax Searches or certifications,water and sewer searches, municipal lien searches, domestic relations and support lien searches, corporate lien searches, corporate good standing certificates, UCC, condo & coop certificates.

**Settlement fee included in title premium. Settlement conducted outside of office or after hours could be considered an unusual expenditure and passed through to customer. Fee must be reasonably related to expenditure.

**Escrow Fees permitted where the closing agent is going to hold funds for an extended period of time after closing. Otherwise part of inclusive premium.
Must be written Escrow Agreement; $25 for first 6 months and minimum charge of $25 for each year beyond initial 6 months.

**No disbursement fee, but wire fees may be passed through at cost.

**Courier/Overnight fees may be charged at cost, but only if a party to the transaction requests overnight delivery

*Cancellation Fee -- minimum $100.00 for cancellation. §3.1 of the Pennsylvania Rate Manual

*Up Charging -- No

*Junk Charges -- No

*Special Settlement Statement Requirements --

*Special Disclosures -- Yes – Rate Manual Section 2.9 & 5.1A

*CPL -- $125, remitted entirely to underwriter

*UPL Issues -- No

*Joinder of non-titled spouse – No, unless pending divorce

*Survey Required -- No

*Tax Year -- Local: Calendar; County: Calendar; School: Fiscal (July 1 through June 30) except for school districts of the first class, which are calendar year.

*Due Dates - County and Local taxes or Philadelphia, Pittsburgh and Scranton City taxes--By April 31 of the taxing year; October 31 of the taxing year for School Districts other than Philadelphia, after which time the taxes are considered delinquent and an automatic lien dating as the first day of the taxing year.

*Lien Date: If not paid, taxes become a lien against the property as of the first day of the taxing year.

*Lien Duration: Once filed, the lien endures until paid or 20 years from the date of filing the claim, if not revived within that time for an additional 20 year period.

==Payment Customs==
*Owner’s Policy? Purchaser
*Transfer Tax & Recording Fee? Transfer tax costs are split evenly between the parties. Recording fees are split as follows: purchaser for deed; seller for releases/satisfactions
*Survey Charges? Purchaser
*Closing/Settlement Fees? Purchaser; seller for municipal certificates

Forms in Pennsylvania

2020-01-08T18:33:05Z

Bartbodkin:

* PA policies are a modified version of the 2006 ALTA policies; PA has omitted survey coverage from the policy and requires such coverage to be purchased by endorsement.
* All forms, and all rates, up to 30 million dollars are handled through the Title Insurance Rating Bureau of Pennsylvania. Please see the Pennsylvania Manual of Rules and Rates available in our PA Business Practices/Real Estate Practices Section.
* Usury coverage is not available in Pennsylvania.

*Who can sign Commitment/Policy -- Pennsylvania Licensed Producer

Closing and Escrow in Pennsylvania

2020-01-08T18:31:36Z

Bartbodkin:

Closing and Escrow in Pennsylvania

2020-01-08T18:29:18Z

Bartbodkin:

(NOTE: You must confirm pricing shown herein with the most recent TIRBOP rate manual.)

*Who can prepare the Settlement Statement -- No restrictions
*Who can sign the Settlement Statement EO/LTP/Attorney) -- No restrictions
*Who orders hazard insurance -- Customary -
*When is transaction consummated for new Settlement Statement --
*Record before/after disburse -- Record first
*Filed/restricted escrow rates -- If yes, see <<HUD OR SEPARATE SHEET>>
*Record retention requirements --
*Is an attorney involved in the closing -- If yes, explanation attached
*Who can handle loan document signing -- Notary signing permitted but cannot pass thru charge
*Doc Prep Restrictions -- Non-standard docs must be prepared by attorney
*Use Escrow Instructions or not -- No
*Use Estimated Settlement Statement or Final -- Final
*Pass-thru charges -- Limited – Rate Manual Sections 2.1 & 3.4
*Rates Inclusive or not – Inclusive with exceptions
**Section 2.3 of the Pennsylvania Rate Manual allows a separate search and/or examination fee "in specially difficult title matters". Those matters would include "multiple chains of title, land under water, coal, oil, gas or mineral searches, railroad property searches, land in beds of streets, rights-of-way, driveways, foreclosures, tax sales, proceedings under federal bankruptcy or state insolvency related statutes, or … other unusual difficulties or unusual expenditures".
**Pass through Charges permitted for Tax Searches or certifications,water and sewer searches, municipal lien searches, domestic relations and support lien searches, corporate lien searches, corporate good standing certificates, UCC, condo & coop certificates.
**Settlement fee included in title premium. Settlement conducted outside of office or after hours could be considered an unusual expenditure and passed through to customer. Fee must be reasonably related to expenditure.
**Escrow Fees permitted where the closing agent is going to hold funds for an extended period of time after closing. Otherwise part of inclusive premium.
Must be written Escrow Agreement; $25 for first 6 months and minimum charge of $25 for each year beyond initial 6 months.
**No disbursement fee, but wire fees may be passed through at cost.
**Courier/Overnight fees may be charged at cost, but only if a party to the transaction requests overnight delivery
*Cancellation Fee -- minimum $100.00 for cancellation. §3.1 of the Pennsylvania Rate Manual
*Up Charging -- No
*Junk Charges -- No
*Special Settlement Statement Requirements --
*Special Disclosures -- Yes – Rate Manual Section 2.9 & 5.1A
*CPL -- $125, remitted entirely to underwriter
*UPL Issues -- No
*Joinder of non-titled spouse – No, unless pending divorce
*Survey Required -- No

*Tax Year -- Local: Calendar; County: Calendar; School: Fiscal (July 1 through June 30) except for school districts of the first class, which are calendar year.
*Due Dates - County and Local taxes or Philadelphia, Pittsburgh and Scranton City taxes--By April 31 of the taxing year; October 31 of the taxing year for School Districts other than Philadelphia, after which time the taxes are considered delinquent and an automatic lien dating as the first day of the taxing year.
*Lien Date: If not paid, taxes become a lien against the property as of the first day of the taxing year.
*Lien Duration: Once filed, the lien endures until paid or 20 years from the date of filing the claim, if not revived within that time for an additional 20 year period.

Tax Certifications in Pennsylvania

2020-01-08T18:28:27Z

Bartbodkin:

Caution
Tax Years, assessment dates and due dates may vary depending on the assessing body – Care should be exercised in computing pro-rations

*Tax Year -- Local: Calendar; County: Calendar; School: Fiscal (July 1 through June 30) except for school districts of the first class, which are calendar year.
*Due Dates - County and Local taxes or Philadelphia, Pittsburgh and Scranton City taxes--By April 31 of the taxing year; October 31 of the taxing year for School Districts other than Philadelphia, after which time the taxes are considered delinquent and an automatic lien dating as the first day of the taxing year.
*Lien Date: If not paid, taxes become a lien against the property as of the first day of the taxing year.
*Lien Duration: Once filed, the lien endures until paid or 20 years from the date of filing the claim, if not revived within that time for an additional 20 year period.

Tax Certifications in Pennsylvania

2020-01-08T18:26:32Z

Bartbodkin: Created page with "Caution Tax Years, assessment dates and due dates may vary depending on the assessing body – Care should be exercised in computing pro-rations"

Caution
Tax Years, assessment dates and due dates may vary depending on the assessing body – Care should be exercised in computing pro-rations

Tenancies in Pennsylvania

2020-01-08T18:25:52Z

Bartbodkin: /* Overview */

==Overview==
*Tenants in Common -- Yes & presumed
*Joint Tenants -- Yes
*Tenancy by Entireties -- Yes
*Community Property -- No
*Homestead -- No
*Joinder of Non-titled Spouse -- Only if pending divorce

==Tenancy by the Entirety==

===Creation Language===
Tenancy by the Entirety is presumed in a deed to a husband and wife. The deed does not have to recite the tenancy, nor must it state that they are married. The law presumes TbE unless the deed states differently.

If the deed states TbE but the parties are not married, case law finds that the intent to create a survivorship exists (394 Pa. 627,
Supreme Court of Pennsylvania. John Michael BOVE, Executor of the Last Will and Testament of Michael Bove, Deceased, Appellant, v.
Mabel Blanche BOVE. March 16, 1959.) But caution should prevail--if the circumstances demonstrate someone that may contest, be wary.

==Joint Tenancy with Right of Survivorship==

===Creation Language===

"Joint tenants" alone does not create survivorship. The deed must state "joint tenants with right of survivorship." Without the survivorship language, title passes as tenants in common.

68 P.S. § 110
§ 110. Lands held by joint tenancy to descend as estates of tenants in common

If partition be not made between joint tenants, whether they be such as might have been compelled to make partition or
not, or of whatever kind the estates or thing holden or possessed be, the parts of those who die first shall not accrue to the
survivors, but shall descend or pass by devise, and shall be subject to debts, charges, curtesy or dower, or transmissible to
executors or administrators, and be considered to every other intent and purpose in the same manner as if such deceased
joint tenants had been tenants in common: Provided always, That nothing in this act shall be taken to affect any trust
estate.

§ 6:5. Presumption against survivorship

While, at common law, joint tenancies were favored, and the doctrine of survivorship was a recognized incident to a joint estate, the statute providing that lands held by joint tenancy are to descend as estates of tenants in common abolishes survivorship as an incident of joint tenancy, although it does not prevent the creation of the right of survivorship. Thus, joint tenancy with a right of survivorship is a legitimate and permissible means by which individuals may hold title. The presumption now, however, is that all tenants, who are not husband and wife or trustees, hold jointly as tenants in common, unless a clear intention to the contrary is shown.

==Tenancy in Common==
In absence of any stated tenancy, the law presumes tenants in common. If a joint tenancy deed does not include survivorship language, then presume tenants in common.

==Cross-References==
* [[Pennsylvania]]
* [[Tenancies]]

Recording in Pennsylvania

2020-01-08T18:24:55Z

Bartbodkin: Created page with "*Marital Status Stated -- Not Required (but customary) *Transfer Tax -- 2% - 4% purchase price depending on county. Customary to divide the tax equally between buyer and selle..."

*Marital Status Stated -- Not Required (but customary)
*Transfer Tax -- 2% - 4% purchase price depending on county. Customary to divide the tax equally between buyer and seller. If one of the parties is exempt from the tax, the other party must pay the entire tax (tax is imposed on the transaction, not the parties). If both parties are exempt, no tax due.
*Mortgage Tax -- No
*Address for grantor/grantee/property -- Required for grantee and mortgagee
*Witnesses -- Not required
*Names typed/printed -- Yes-under all signatories
*Prepared by/return to -- Required
*Notary Stamp/requirements -- Ink stamp with name of municipality and county in which notary maintains an office and the expiration date of the notary’s commission
*Parcel or tax index number -- Required
*Recitation of Consideration -- Required
*Derivation Clause -- Not required but customary
*Corporate Signatures/Attestation -- Corporate Officer
*Ink Color/Font -- No specific requirement
*Legal Description -- State, County, Municipality, Uniform Parcel ID, (filed map or metes & bounds description generally required for insurability).
*Margins -- Most counties require 1 inch margin on all sides with first page of document also having a 3 inch margin at the top.

Closing and Escrow in Pennsylvania

2020-01-08T18:23:34Z

Bartbodkin: Created page with "(NOTE: You must confirm pricing shown herein with the most recent TIRBOP rate manual.) *Who can prepare the Settlement Statement -- No restrictions *Who can sign the Settleme..."

(NOTE: You must confirm pricing shown herein with the most recent TIRBOP rate manual.)

*Who can prepare the Settlement Statement -- No restrictions
*Who can sign the Settlement Statement EO/LTP/Attorney) -- No restrictions
*Who orders hazard insurance -- Customary -
*When is transaction consummated for new Settlement Statement --
*Record before/after disburse -- Record first
*Filed/restricted escrow rates -- If yes, see <<HUD OR SEPARATE SHEET>>
*Record retention requirements --
*Is an attorney involved in the closing -- If yes, explanation attached
*Who can handle loan document signing -- Notary signing permitted but cannot pass thru charge
*Doc Prep Restrictions -- Non-standard docs must be prepared by attorney
*Use Escrow Instructions or not -- No
*Use Estimated Settlement Statement or Final -- Final
*Pass-thru charges -- Limited – Rate Manual Sections 2.1 & 3.4
*Rates Inclusive or not – Inclusive with exceptions
**Section 2.3 of the Pennsylvania Rate Manual allows a separate search and/or examination fee "in specially difficult title matters". Those matters would include "multiple chains of title, land under water, coal, oil, gas or mineral searches, railroad property searches, land in beds of streets, rights-of-way, driveways, foreclosures, tax sales, proceedings under federal bankruptcy or state insolvency related statutes, or … other unusual difficulties or unusual expenditures".
**Pass through Charges permitted for Tax Searches or certifications,water and sewer searches, municipal lien searches, domestic relations and support lien searches, corporate lien searches, corporate good standing certificates, UCC, condo & coop certificates.
**Settlement fee included in title premium. Settlement conducted outside of office or after hours could be considered an unusual expenditure and passed through to customer. Fee must be reasonably related to expenditure.
**Escrow Fees permitted where the closing agent is going to hold funds for an extended period of time after closing. Otherwise part of inclusive premium.
Must be written Escrow Agreement; $25 for first 6 months and minimum charge of $25 for each year beyond initial 6 months.
**No disbursement fee, but wire fees may be passed through at cost.
**Courier/Overnight fees may be charged at cost, but only if a party to the transaction requests overnight delivery
*Cancellation Fee -- minimum $100.00 for cancellation. §3.1 of the Pennsylvania Rate Manual
*Up Charging -- No
*Junk Charges -- No
*Special Settlement Statement Requirements --
*Special Disclosures -- Yes – Rate Manual Section 2.9 & 5.1A
*CPL -- $125, remitted entirely to underwriter
*UPL Issues -- No
*Joinder of non-titled spouse – No, unless pending divorce
*Survey Required -- No

Settlement Statements in Pennsylvania

2020-01-08T18:21:01Z

Bartbodkin: Created page with "*Who can prepare the Settlement Statement-- No restrictions *Who can sign the Settlement Statement (EO/LTP/Attorney) -- No restrictions"

*Who can prepare the Settlement Statement-- No restrictions
*Who can sign the Settlement Statement (EO/LTP/Attorney) -- No restrictions

Forms in Pennsylvania

2020-01-08T18:17:33Z

Bartbodkin: Created page with "* PA policies are a modified version of the 2006 ALTA policies; PA has omitted survey coverage from the policy and requires such coverage to be purchased by endorsement. * All..."

Security Instruments in Pennsylvania

2020-01-08T18:16:58Z

Bartbodkin: /* Satisfaction */

==Overview==

===Sources===

===Compliance===

===Forms===

===Search===

===Examination===

===Underwriting===

===Recording===

===Pricing===
* Preparation
* Recording
* Taxes -
**No Mortgage Tax
**The State Transfer Tax is always 1% of the sales price. In addition, there is a Local Transfer Tax which varies from 1% to 4% of the sales price based upon the location.

==Types==

==Content==

==Duration==
*Mortgages -- Presumption of payment after 20 years after maturity; title then insurable if maturity date is stated in or can be calculated from the mortgage.

==Execution Requirements==

==Satisfaction==

Security Instruments in Pennsylvania are satisfied by recording a document which typically titled as a Satisfaction or Satisfaction Piece. In prior decades, security instruments were satisfied by a stamp and signature from a representative of the lender coming into the land records office and physically stamping and signing that a security instrument was paid in full in the margin of the first page of the recorded mortgage. Many lenders will accidentally recorded a Release of Mortgage instead of a Satisfaction when a mortgage has been paid in full.

Settlement Officer who is a licensed title agent, employee of an underwriter or Pennsylvania licensed attorney who conducted closing or directly supervised closing through which Mortgage was paid off may satisfy. "Mortgage Satisfaction Act" (Act 197 of 2002 - effective 2/7/03)

==Trustees==

Pennsylvania only uses mortgage and not deeds of trust, so no trustee is required on any security instruments.

==Vendor Liens==

==Cross-References==
* [[Main Subject]]
* [[State]]
** [[Related Subject 1 in State]]
** [[Related Subject 2 in State]]

Security Instruments in Pennsylvania

2020-01-08T18:16:43Z

Bartbodkin: /* Satisfaction */

==Overview==

===Sources===

===Compliance===

===Forms===

===Search===

===Examination===

===Underwriting===

===Recording===

===Pricing===
* Preparation
* Recording
* Taxes -
**No Mortgage Tax
**The State Transfer Tax is always 1% of the sales price. In addition, there is a Local Transfer Tax which varies from 1% to 4% of the sales price based upon the location.

==Types==

==Content==

==Duration==
*Mortgages -- Presumption of payment after 20 years after maturity; title then insurable if maturity date is stated in or can be calculated from the mortgage.

==Execution Requirements==

==Satisfaction==

Security Instruments in Pennsylvania are satisfied by recording a document which typically titled as a Satisfaction or Satisfaction Piece. In prior decades, security instruments were satisfied by a stamp and signature from a representative of the lender coming into the land records office and physically stamping and signing that a security instrument was paid in full in the margin of the first page of the recorded mortgage. Many lenders will accidentally recorded a Release of Mortgage instead of a Satisfaction when a mortgage has been paid in full.

*Settlement Officer who is a licensed title agent, employee of an underwriter or Pennsylvania licensed attorney who conducted closing or directly supervised closing through which Mortgage was paid off may satisfy. "Mortgage Satisfaction Act" (Act 197 of 2002 - effective 2/7/03)

==Trustees==

Pennsylvania only uses mortgage and not deeds of trust, so no trustee is required on any security instruments.

==Vendor Liens==

==Cross-References==
* [[Main Subject]]
* [[State]]
** [[Related Subject 1 in State]]
** [[Related Subject 2 in State]]

Liens in Pennsylvania

2020-01-08T18:15:28Z

Bartbodkin: /* Condominium Association Liens */

==Overview==

==Alimony/Support==

==Bail Liens==
==Broker Liens==
==Child Support Liens==
==Civil Money Judgments==
*State Court Judgment Liens -- Money judgments = 5 years; Can be revived for successive periods. Do not attach to after acquired property, but revived attach to property owned at that time.

==Community Association Liens==
===Condominium Association Liens===
*Condominium assessments -- 3 years from date assessment becomes payable. Special limited priority given to condo liens in mortgage foreclosure actions (amount not greater than 6 months of assessments)

===Homeowners' Association Liens===
*HOA Liens -- 3 years from date assessment becomes payable

==Community Facilities District Liens==
==Construction/Mechanic's Liens==
See [[Construction Liens in Pennsylvania#Duration|Construction Liens in Pennsylvania]].

==Criminal Money Judgments==
*Criminal restitution - indefinite 42 Pa.C.S.A. § 9728(c) and (d)

==Estate Tax Liens==
See [[Estates in Pennsylvania]].
==Financing Statements==
*Financing Statements -- 5 years

==Hospital Liens==
==Inheritance Tax Liens==
See [[Estates in Pennsylvania]].
==Lis Pendens==
==Municipal Assessments==
==Municipal Liens==
*Municipal Liens - 20 years

==Real Property Tax Liens==
See [[Real Property Taxes in Pennsylvania]].
==Security Instruments==
See [[Security Instruments in Pennsylvania#Duration|Security Instruments in Pennsylvania]]

==State Tax Liens==
*Revenue Liens, Corporate Tax Liens & Student Loans - indefinite 42 Pa.C.S.A. § 9728(c) and (d)
*State Tax Liens -- No expiration, attach to after acquired property 72 P.S. 1404.1
*Unemployment Comp Liens -- No expiration, attach to after acquired property. 43 P.S. 788.1.1
*Estate Tax Lien -- Federal 10 years
*State Inheritance Tax Liens -- 20 Years

==Other Liens==
*US Judgment Liens -- 20 years, renewable for 20 years
*Federal Tax Liens -- 10 years (+30 days); can be refiled
*Child Support Liens - 20 years

==Cross-References==
* [[Pennsylvania]]
* [[Liens]]

Liens in Pennsylvania

2020-01-08T18:15:07Z

Bartbodkin: /* Homeowners' Association Liens */

==Overview==

==Alimony/Support==

==Bail Liens==
==Broker Liens==
==Child Support Liens==
==Civil Money Judgments==
*State Court Judgment Liens -- Money judgments = 5 years; Can be revived for successive periods. Do not attach to after acquired property, but revived attach to property owned at that time.

==Community Association Liens==
===Condominium Association Liens===
===Homeowners' Association Liens===
*HOA Liens -- 3 years from date assessment becomes payable

==Community Facilities District Liens==
==Construction/Mechanic's Liens==
See [[Construction Liens in Pennsylvania#Duration|Construction Liens in Pennsylvania]].

==Criminal Money Judgments==
*Criminal restitution - indefinite 42 Pa.C.S.A. § 9728(c) and (d)

==Estate Tax Liens==
See [[Estates in Pennsylvania]].
==Financing Statements==
*Financing Statements -- 5 years

==Hospital Liens==
==Inheritance Tax Liens==
See [[Estates in Pennsylvania]].
==Lis Pendens==
==Municipal Assessments==
==Municipal Liens==
*Municipal Liens - 20 years

==Real Property Tax Liens==
See [[Real Property Taxes in Pennsylvania]].
==Security Instruments==
See [[Security Instruments in Pennsylvania#Duration|Security Instruments in Pennsylvania]]

==State Tax Liens==
*Revenue Liens, Corporate Tax Liens & Student Loans - indefinite 42 Pa.C.S.A. § 9728(c) and (d)
*State Tax Liens -- No expiration, attach to after acquired property 72 P.S. 1404.1
*Unemployment Comp Liens -- No expiration, attach to after acquired property. 43 P.S. 788.1.1
*Estate Tax Lien -- Federal 10 years
*State Inheritance Tax Liens -- 20 Years

==Other Liens==
*US Judgment Liens -- 20 years, renewable for 20 years
*Federal Tax Liens -- 10 years (+30 days); can be refiled
*Child Support Liens - 20 years

==Cross-References==
* [[Pennsylvania]]
* [[Liens]]

Security Instruments in Pennsylvania

2020-01-08T18:13:34Z

Bartbodkin: /* Duration */

==Overview==

===Sources===

===Compliance===

===Forms===

===Search===

===Examination===

===Underwriting===

===Recording===

===Pricing===
* Preparation
* Recording
* Taxes -
**No Mortgage Tax
**The State Transfer Tax is always 1% of the sales price. In addition, there is a Local Transfer Tax which varies from 1% to 4% of the sales price based upon the location.

==Types==

==Content==

==Duration==
*Mortgages -- Presumption of payment after 20 years after maturity; title then insurable if maturity date is stated in or can be calculated from the mortgage.

==Execution Requirements==

==Satisfaction==

Security Instruments in Pennsylvania are satisfied by recording a document which typically titled as a Satisfaction or Satisfaction Piece. In prior decades, security instruments were satisfied by a stamp and signature from a representative of the lender coming into the land records office and physically stamping and signing that a security instrument was paid in full in the margin of the first page of the recorded mortgage. Many lenders will accidentally recorded a Release of Mortgage instead of a Satisfaction when a mortgage has been paid in full.

==Trustees==

Pennsylvania only uses mortgage and not deeds of trust, so no trustee is required on any security instruments.

==Vendor Liens==

==Cross-References==
* [[Main Subject]]
* [[State]]
** [[Related Subject 1 in State]]
** [[Related Subject 2 in State]]

Liens in Pennsylvania

2020-01-08T18:12:31Z

Bartbodkin: /* Financing Statements */

==Overview==

==Alimony/Support==

==Bail Liens==
==Broker Liens==
==Child Support Liens==
==Civil Money Judgments==
*State Court Judgment Liens -- Money judgments = 5 years; Can be revived for successive periods. Do not attach to after acquired property, but revived attach to property owned at that time.

==Community Association Liens==
===Condominium Association Liens===
===Homeowners' Association Liens===
==Community Facilities District Liens==
==Construction/Mechanic's Liens==
See [[Construction Liens in Pennsylvania#Duration|Construction Liens in Pennsylvania]].

==Criminal Money Judgments==
*Criminal restitution - indefinite 42 Pa.C.S.A. § 9728(c) and (d)

==Estate Tax Liens==
See [[Estates in Pennsylvania]].
==Financing Statements==
*Financing Statements -- 5 years

==Hospital Liens==
==Inheritance Tax Liens==
See [[Estates in Pennsylvania]].
==Lis Pendens==
==Municipal Assessments==
==Municipal Liens==
*Municipal Liens - 20 years

==Real Property Tax Liens==
See [[Real Property Taxes in Pennsylvania]].
==Security Instruments==
See [[Security Instruments in Pennsylvania#Duration|Security Instruments in Pennsylvania]]

==State Tax Liens==
*Revenue Liens, Corporate Tax Liens & Student Loans - indefinite 42 Pa.C.S.A. § 9728(c) and (d)
*State Tax Liens -- No expiration, attach to after acquired property 72 P.S. 1404.1
*Unemployment Comp Liens -- No expiration, attach to after acquired property. 43 P.S. 788.1.1
*Estate Tax Lien -- Federal 10 years
*State Inheritance Tax Liens -- 20 Years

==Other Liens==
*US Judgment Liens -- 20 years, renewable for 20 years
*Federal Tax Liens -- 10 years (+30 days); can be refiled
*Child Support Liens - 20 years

==Cross-References==
* [[Pennsylvania]]
* [[Liens]]

Liens in Pennsylvania

2020-01-08T18:11:32Z

Bartbodkin: /* State Tax Liens */

==Overview==

==Alimony/Support==

==Bail Liens==
==Broker Liens==
==Child Support Liens==
==Civil Money Judgments==
*State Court Judgment Liens -- Money judgments = 5 years; Can be revived for successive periods. Do not attach to after acquired property, but revived attach to property owned at that time.

==Community Association Liens==
===Condominium Association Liens===
===Homeowners' Association Liens===
==Community Facilities District Liens==
==Construction/Mechanic's Liens==
See [[Construction Liens in Pennsylvania#Duration|Construction Liens in Pennsylvania]].

==Criminal Money Judgments==
*Criminal restitution - indefinite 42 Pa.C.S.A. § 9728(c) and (d)

==Estate Tax Liens==
See [[Estates in Pennsylvania]].
==Financing Statements==
==Hospital Liens==
==Inheritance Tax Liens==
See [[Estates in Pennsylvania]].
==Lis Pendens==
==Municipal Assessments==
==Municipal Liens==
*Municipal Liens - 20 years

==Real Property Tax Liens==
See [[Real Property Taxes in Pennsylvania]].
==Security Instruments==
See [[Security Instruments in Pennsylvania#Duration|Security Instruments in Pennsylvania]]

==State Tax Liens==
*Revenue Liens, Corporate Tax Liens & Student Loans - indefinite 42 Pa.C.S.A. § 9728(c) and (d)
*State Tax Liens -- No expiration, attach to after acquired property 72 P.S. 1404.1
*Unemployment Comp Liens -- No expiration, attach to after acquired property. 43 P.S. 788.1.1
*Estate Tax Lien -- Federal 10 years
*State Inheritance Tax Liens -- 20 Years

==Other Liens==
*US Judgment Liens -- 20 years, renewable for 20 years
*Federal Tax Liens -- 10 years (+30 days); can be refiled
*Child Support Liens - 20 years

==Cross-References==
* [[Pennsylvania]]
* [[Liens]]

Liens in Pennsylvania

2020-01-08T18:11:05Z

Bartbodkin: /* State Tax Liens */

==Overview==

==Alimony/Support==

==Bail Liens==
==Broker Liens==
==Child Support Liens==
==Civil Money Judgments==
*State Court Judgment Liens -- Money judgments = 5 years; Can be revived for successive periods. Do not attach to after acquired property, but revived attach to property owned at that time.

==Community Association Liens==
===Condominium Association Liens===
===Homeowners' Association Liens===
==Community Facilities District Liens==
==Construction/Mechanic's Liens==
See [[Construction Liens in Pennsylvania#Duration|Construction Liens in Pennsylvania]].

==Criminal Money Judgments==
*Criminal restitution - indefinite 42 Pa.C.S.A. § 9728(c) and (d)

==Estate Tax Liens==
See [[Estates in Pennsylvania]].
==Financing Statements==
==Hospital Liens==
==Inheritance Tax Liens==
See [[Estates in Pennsylvania]].
==Lis Pendens==
==Municipal Assessments==
==Municipal Liens==
*Municipal Liens - 20 years

==Real Property Tax Liens==
See [[Real Property Taxes in Pennsylvania]].
==Security Instruments==
See [[Security Instruments in Pennsylvania#Duration|Security Instruments in Pennsylvania]]

==State Tax Liens==
*Revenue Liens, Corporate Tax Liens & Student Loans - indefinite 42 Pa.C.S.A. § 9728(c) and (d)
*State Tax Liens -- No expiration, attach to after acquired property 72 P.S. 1404.1

==Other Liens==
*US Judgment Liens -- 20 years, renewable for 20 years
*Federal Tax Liens -- 10 years (+30 days); can be refiled
*Child Support Liens - 20 years

==Cross-References==
* [[Pennsylvania]]
* [[Liens]]

Liens in Pennsylvania

2020-01-08T18:10:21Z

Bartbodkin: /* Other Liens */

==Overview==

==Alimony/Support==

==Bail Liens==
==Broker Liens==
==Child Support Liens==
==Civil Money Judgments==
*State Court Judgment Liens -- Money judgments = 5 years; Can be revived for successive periods. Do not attach to after acquired property, but revived attach to property owned at that time.

==Community Association Liens==
===Condominium Association Liens===
===Homeowners' Association Liens===
==Community Facilities District Liens==
==Construction/Mechanic's Liens==
See [[Construction Liens in Pennsylvania#Duration|Construction Liens in Pennsylvania]].

==Criminal Money Judgments==
*Criminal restitution - indefinite 42 Pa.C.S.A. § 9728(c) and (d)

==Estate Tax Liens==
See [[Estates in Pennsylvania]].
==Financing Statements==
==Hospital Liens==
==Inheritance Tax Liens==
See [[Estates in Pennsylvania]].
==Lis Pendens==
==Municipal Assessments==
==Municipal Liens==
*Municipal Liens - 20 years

==Real Property Tax Liens==
See [[Real Property Taxes in Pennsylvania]].
==Security Instruments==
See [[Security Instruments in Pennsylvania#Duration|Security Instruments in Pennsylvania]]

==State Tax Liens==
*Revenue Liens, Corporate Tax Liens & Student Loans - indefinite 42 Pa.C.S.A. § 9728(c) and (d)

==Other Liens==
*US Judgment Liens -- 20 years, renewable for 20 years
*Federal Tax Liens -- 10 years (+30 days); can be refiled
*Child Support Liens - 20 years

==Cross-References==
* [[Pennsylvania]]
* [[Liens]]

Liens in Pennsylvania

2020-01-08T18:09:49Z

Bartbodkin: /* State Tax Liens */

Liens in Pennsylvania

2020-01-08T18:09:26Z

Bartbodkin: /* Criminal Money Judgments */

Liens in Pennsylvania

2020-01-08T18:08:39Z

Bartbodkin: /* Other Liens */

Liens in Pennsylvania

2020-01-08T18:08:21Z

Bartbodkin: /* Municipal Liens */

Liens in Pennsylvania

2020-01-08T18:07:52Z

Bartbodkin: /* Civil Money Judgments */

Liens in Pennsylvania

2020-01-08T18:07:25Z

Bartbodkin: /* Other Liens */

==Overview==

==Alimony/Support==

==Bail Liens==
==Broker Liens==
==Child Support Liens==
==Civil Money Judgments==
==Community Association Liens==
===Condominium Association Liens===
===Homeowners' Association Liens===
==Community Facilities District Liens==
==Construction/Mechanic's Liens==
See [[Construction Liens in Pennsylvania#Duration|Construction Liens in Pennsylvania]].

==Criminal Money Judgments==
==Estate Tax Liens==
See [[Estates in Pennsylvania]].
==Financing Statements==
==Hospital Liens==
==Inheritance Tax Liens==
See [[Estates in Pennsylvania]].
==Lis Pendens==
==Municipal Assessments==
==Municipal Liens==
==Real Property Tax Liens==
See [[Real Property Taxes in Pennsylvania]].
==Security Instruments==
See [[Security Instruments in Pennsylvania#Duration|Security Instruments in Pennsylvania]]

==State Tax Liens==
==Other Liens==
*US Judgment Liens -- 20 years, renewable for 20 years

==Cross-References==
* [[Pennsylvania]]
* [[Liens]]

Deeds of Trust in Pennsylvania

2020-01-08T18:04:53Z

Bartbodkin: Created page with "PA is a mortgage state"

PA is a mortgage state

Recording Requirements in Pennsylvania

2020-01-08T18:03:50Z

Bartbodkin: Created page with "* Each county is different in the way it implements the written and unwritten rules of recording. Most county recorder of deeds publish their formatting and content requireme..."

* Each county is different in the way it implements the written and unwritten rules of recording. Most county recorder of deeds publish their formatting and content requirements on their office's web site. What follows below applies to most counties, but nearly every rule has at least one county that is an exception. '''It is highly recommended to consult the county's recorder of deeds web site where your subject property is located prior to even <u>drafting</u> a document to ensure that it will conform to that county's recording requirements.'''
* Documents be submitted on letter size (8.5" x 11") paper.
* Print may only be on one side of each page.
* The first page of each document must have a 3 inch blank margin at the top. All other margins including other pages must be a minimum of 1 inch.
* Several counties now require cover sheets for each document and summary sheets if multiple documents are being submitted as a batch.
* Deeds, Mortgages, and other documents with legal descriptions must include the UPI (Tax Parcel Number/APN).
** Some counties have multiple concurrent numbering systems, only one of which is the UPI for recording purposes.
** Some counties have changed their numbering systems, so a Tax Parcel Number on a prior deed may no longer be a valid number for the property under the new system.
* Deeds, Mortgages, and other documents must be authenticated in some way in order to be recorded.
** Authentication, as in many other states, typically takes the form of a written acknowledgment of a signature taken by a notary public.
** Pennsylvania law does allow other forms of authentication and also allows many different types of officials to take acknowledgments. These are not used very often, but do appear on occasion.
* On Deeds, the address of the grantee must be included and signed off for by either the grantee or a "responsible" party.
* On Deeds where no consideration is being paid or less than fair market value is being paid, the document must be accompanied by a completed Affidavit of Value provided by the Pennsylvania Department of Revenue.

Construction Liens in Pennsylvania

2020-01-08T18:01:55Z

Bartbodkin: /* Cross-References */

==Overview==

==Cross-References==
* [[Pennsylvania]]
Pennsylvania refers to its constructions liens as mechanic's liens. They are considered to by "Type 1" mechanic's liens because they are statutory liens whose priority is based upon when construction began rather than when a notice was first filed in the public records.

Mechanic's liens are filed at the county level in the civil court records which is called the Prothonotary in most counties. 49 P.S. 1502. The lien should likewise include a description of the work performed and property encumbered although this does not require a formal legal description. 49 P.S. 1503. The lien is in rem and only encumbers the property where construction was done. <u>Id</u>. Once the lien is filed, it has priority from the date of commencement of construction except as to purchase money mortgages as defined under statute (42 Pa.C.S. 8141(1)) and open-ended mortgages as defined by statute (42 Pa.C.S. 8143(f)) where at least 60% of the proceeds of the open-ended mortgage were used or are intended to pay for all or part of the construction. 49 P.S. 1508.

Once the lien has been filed, the claimant has two (2) years from the date of filing to commence a lawsuit to enforce the lien unless that time period is extended in writing by the property owner. 49 P.S. 1701(b). Once reduced to judgment, the lien operates as a regular civil money judgment and becomes a general lien on all real estate owned by the defendants in the county where it is filed for five (5) years from the date of entry. 49 P.S 1702.

In 2015, there were some sweeping changes to the law that permitted owners to voluntarily file notices of commencement in a statewide registry similar to Utah. 49 P.S. 1501.1 ''et seq''. This sets up an elaborate procedure that must be followed by subcontractors in order to maintain their right to file mechanic's liens. 49 P.S. 1501.2. It does not otherwise effect the law with regard to contractors employed directly by owners.

* [[Liens]]
* [[Liens in Pennsylvania]]

Powers of Attorney in Pennsylvania

2020-01-08T17:57:29Z

Bartbodkin: Created page with " Effective: January 1, 2015 20 Pa.C.S.A. § 5601 § 5601. General provisions Currentness (a) General rule.--In addition to all other powers that may be delegated to an agent,..."

Effective: January 1, 2015
20 Pa.C.S.A. § 5601
§ 5601. General provisions
Currentness
(a) General rule.--In addition to all other powers that may be delegated to an agent, any or all of the powers referred to in section 5602(a) (relating to form of power of attorney) may lawfully be granted in writing to an agent and, unless the power of attorney expressly directs to the contrary, shall be construed in accordance with the provisions of this chapter.
(b) Execution.--
(1) A power of attorney shall be dated, and it shall be signed by the principal by signature or mark, or by another individual on behalf of and at the direction of the principal if the principal is unable to sign but specifically directs another individual to sign the power of attorney.
(2) If the power of attorney is executed by mark or by another individual, then it shall be witnessed by two individuals, each of whom is 18 years of age or older. A witness shall not be the individual who signed the power of attorney on behalf of and at the direction of the principal.
(3) For a power of attorney executed on or after the effective date of this paragraph,1 the signature or mark of the principal, or the signature of another individual signing a power of attorney on behalf of and at the direction of the principal, shall be:
(i) Acknowledged before a notary public or other individual authorized by law to take acknowledgments. The notary public or other individual authorized by law to take acknowledgments shall not be the agent designated in the power of attorney.
(ii) Witnessed by two individuals, each of whom is 18 years of age or older. A witness shall not be the individual who signed the power of attorney on behalf of and at the direction of the principal, the agent designated in the power of attorney or the notary public or other person authorized by law to take acknowledgments before whom the power of attorney is acknowledged. Nothing in this section shall prohibit an acknowledgment of a power of attorney before a member of the bar of the Pennsylvania Supreme Court in the manner authorized by 42 Pa.C.S. § 327(a) (relating to oaths and acknowledgments) certified in the manner provided by 57 Pa.C.S. § 316(2.1) (relating to short form certificates) provided the attorney taking the acknowledgment does not act as one of the two witnesses required by this paragraph.
(c) Notice.--All powers of attorney shall include the following notice in capital letters at the beginning of the power of attorney. The notice shall be signed by the principal. In the absence of a signed notice, upon a challenge to the authority of an agent to exercise a power under the power of attorney, the agent shall have the burden of demonstrating that the exercise of this authority is proper.
NOTICE
The purpose of this power of attorney is to give the person you designate (your “agent”) broad powers to handle your property, which may include powers to sell or otherwise dispose of any real or personal property without advance notice to you or approval by you.
This power of attorney does not impose a duty on your agent to exercise granted powers, but, when powers are exercised, your agent must use due care to act for your benefit and in accordance with this power of attorney.
Your agent may exercise the powers given here throughout your lifetime, even after you become incapacitated, unless you expressly limit the duration of these powers or you revoke these powers or a court acting on your behalf terminates your agent's authority.
Your agent must act in accordance with your reasonable expectations to the extent actually known by your agent and, otherwise, in your best interest, act in good faith and act only within the scope of authority granted by you in the power of attorney.
The law permits you, if you choose, to grant broad authority to an agent under power of attorney, including the ability to give away all of your property while you are alive or to substantially change how your property is distributed at your death. Before signing this document, you should seek the advice of an attorney at law to make sure you understand it.
A court can take away the powers of your agent if it finds your agent is not acting properly.
The powers and duties of an agent under a power of attorney are explained more fully in 20 Pa.C.S. Ch. 56.
If there is anything about this form that you do not understand, you should ask a lawyer of your own choosing to explain it to you.
I have read or had explained to me this notice and I understand its contents.

(Principal)
(Date)
(d) Acknowledgment executed by agent.--An agent shall have no authority to act as agent under the power of attorney unless the agent has first executed and affixed to the power of attorney an acknowledgment in substantially the following form:
I, .........., have read the attached power of attorney and am the person identified as the agent for the principal. I hereby acknowledge that when I act as agent:
I shall act in accordance with the principal's reasonable expectations to the extent actually known by me and, otherwise, in the principal's best interest, act in good faith and act only within the scope of authority granted to me by the principal in the power of attorney.

(Agent)
(Date)
(e) Deleted by 2014, July 2, P.L. 855, No. 95, § 1, effective Jan. 1, 2015.
(e.1) Limitation on applicability generally.--
(1) Deleted by 2014, July 2, P.L. 855, No. 95, § 1, effective Jan. 1, 2015.
(1.1) Subsections (b)(3), (c) and (d) and section 5601.3 (relating to agent's duties) do not apply to:
(i) A power contained in an instrument used in a commercial transaction which authorizes an agency relationship.
(ii) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a loan or other credit transaction.
(iii) A power exclusively granted to facilitate transfer of stock, bonds and other assets.
(iv) A power:
(A) contained in the governing document for a corporation, partnership or limited liability company or other legal entity;
(B) authorized by the law that governs the internal affairs of a legal entity;
(C) by which a director, shareholder, partner, member or manager authorizes others to do things on behalf of the entity; or
(D) contained in a proxy or other delegation to exercise voting rights or management rights with respect to a legal entity.
(v) A warrant of attorney conferring authority to confess judgment.
(vi) A power given to a dealer as defined by the act of December 22, 1983 (P.L. 306, No. 84),2 known as the Board of Vehicles Act, when using the power in conjunction with a sale, purchase or transfer of a vehicle as authorized by 75 Pa.C.S. § 1119 (relating to application for certificate of title by agent).
(vii) A power created on a form prescribed by a Commonwealth agency, political subdivision or an authority or instrumentality of the Commonwealth or a political subdivision.
(2) Powers and powers of attorney exempted by this subsection need not be dated.
(3) Powers of attorney exempted by this subsection which are recorded in the office for the recorder of deeds under section 5602(c) shall be acknowledged before recording.
(e.2) Limitation on applicability in health care and mental health care powers of attorney.--Subsections (b)(3)(i), (c) and (d) and section 5601.3 do not apply to a power of attorney which exclusively provides for health care decision making or mental health care decision making.
(f) Definitions.--The following words and phrases when used in this chapter shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
“Agent.” A person designated by a principal in a power of attorney to act on behalf of that principal.
“Good faith.” Honesty in fact.