Difference between revisions of "MI Underwriting References"
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==Probate & Estates== | ==Probate & Estates== | ||
==Public Lands== | ==Public Lands== | ||
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| + | ==QTA== | ||
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| + | WFG does not insure from quiet title actions brought against just the property address. We would consider a quiet title action when it is brought against a specific person who owns the property. The court cannot eliminate a parties interest in the property if they are not named in the lawsuit to do so. | ||
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==Restrictions And Reverters== | ==Restrictions And Reverters== | ||
==Servicemembers Civil Relief Act== | ==Servicemembers Civil Relief Act== | ||
Revision as of 10:02, 5 February 2021
Contents
- 1 Agency
- 2 Agreement for Deed
- 3 Agreement Not to Transfer or Encumber
- 4 Agreements
- 5 Agricultural Lands
- 6 Alien Land Ownership
- 7 Aliens Ineligible To Citizenship
- 8 Alteration of Instruments
- 9 Bankruptcy
- 10 Cemeteries
- 11 Chattel and Crop Mortgages
- 12 Churches
- 13 Common Law Syndicates or Trusts
- 14 Community and Separate Real Property
- 15 Condominiums, Homeowners’ Associations and Common Interest Developments
- 16 Construction Liens
- 17 Contracts for Sale
- 18 Conveyances
- 19 Corporations
- 20 Courts
- 21 Covenants, Conditions and Restrictions
- 22 Creditors’ Rights & Fraudulent Transfers
- 23 Deeds
- 24 Descriptions
- 25 Dissolution of Marriage
- 26 Easements
- 27 Eminent Domain
- 28 Entities
- 29 Escrows
- 30 Estates of Decedents
- 31 Federal Estate Tax
- 32 Federal Housing Administration Loans
- 33 Federal Land Bank Loans
- 34 Federal Tax Liens
- 35 Fissionable Materials Reservations
- 36 Flexible Purpose Corporations
- 37 Foreclosure Of Mortgages
- 38 Forfeiture
- 39 General Partnerships
- 40 Generally
- 41 Guardianship, Conservatorships and Other Protective Proceedings
- 42 Homestead
- 43 Identity of Persons
- 44 Incompetents & Minors
- 45 Indian Titles
- 46 Judgments and Liens
- 47 Land Title Standards
- 48 Land Trust
- 49 Leases
- 50 Letters of Indemnity Between Title Companies, Reliance on Mutual Indemnification Agreement
- 51 Life Estates
- 52 Maps
- 53 Marital Homestead in Probate Proceedings
- 54 Marital Property
- 55 Marketable Record Title Act & Curative Acts
- 56 Minerals
- 57 Missing Persons
- 58 Mobile homes, Manufactured Homes And Commercial Coaches
- 59 Mortgages & Deeds of Trust
- 60 Notary & Acknowledgments
- 61 Plats & Subdivisions
- 62 Plats And Streets
- 63 Pre-U.S. Land Grants (British, Spanish, Mexican, French, Russian)
- 64 Probate & Estates
- 65 Public Lands
- 66 QTA
- 67 Restrictions And Reverters
- 68 Servicemembers Civil Relief Act
- 69 Special Risks/Ultra-Hazardous Risks
- 70 Spousal Interests
- 71 State and Local Transfer Taxes
- 72 State Law Reservations
- 73 Streets
- 74 Surveys And Title Insurance
- 75 Tax Liens
- 76 Taxation And Tax Titles
- 77 Taxes And Assessments
- 78 Tenancies
- 79 Trusts And Trustees
- 80 Truth-In-Lending
- 81 Unauthorized Practice of Law
- 82 Uniform Commercial Code (UCC)
- 83 Uniform Federal Lien Registration Act
- 84 Usury
- 85 Utilities
- 86 Water And Water Rights
- 87 Waters And Watercourses
- 88 Zoning
Agency
Powers of Attorney
Corporate Authority
Agreement for Deed
Agreement Not to Transfer or Encumber
Agreements
Agricultural Lands
Alien Land Ownership
Aliens Ineligible To Citizenship
Alteration of Instruments
Bankruptcy
State Specific
General
Cemeteries
Chattel and Crop Mortgages
Churches
Common Law Syndicates or Trusts
Community and Separate Real Property
Condominiums, Homeowners’ Associations and Common Interest Developments
Construction Liens
Contracts for Sale
Conveyances
QTA
WFG does not insure from quiet title actions brought against just the property address. We would consider a quiet title action when it is brought against a specific person who owns the property. The court cannot eliminate a parties interest in the property if they are not named in the lawsuit to do so.
Corporations
Courts
Actions affecting Title
Due Process
Lis Pendens
Documenting the Record
Enforcement of Judgments
Servicemembers Civil Relief Act (Soldiers & Sailors)
Covenants, Conditions and Restrictions
Creditors’ Rights & Fraudulent Transfers
Deeds
Descriptions
Dissolution of Marriage
Easements
Eminent Domain
Entities
Escrows
Estates of Decedents
Federal Estate Tax
Federal Housing Administration Loans
Federal Land Bank Loans
Federal Tax Liens
Fissionable Materials Reservations
Flexible Purpose Corporations
Foreclosure Of Mortgages
Forfeiture
General Partnerships
Generally
Guardianship, Conservatorships and Other Protective Proceedings
Homestead
FOR MORTGAGES - MORE JOINDER ISSUE
The non-owning spouse must join in a mortgage other than a purchase money mortgage. The non-owning spouse is not required to join in a purchase money mortgage. A non-owning wife must sign on a deed to sell property to release her Dower interest, but a non-owning husband does not need to join in on a conveyance by the wife.
Identity of Persons
Incompetents & Minors
Indian Titles
Judgments and Liens
Land Title Standards
Land Trust
Leases
Letters of Indemnity Between Title Companies, Reliance on Mutual Indemnification Agreement
Life Estates
Creation & Recognition
Lady Bird Deeds
Maps
Marital Homestead in Probate Proceedings
Marital Property
FOR MORTGAGES: The non-owning spouse must join in a mortgage other than a purchase money mortgage. The non-owning spouse is not required to join in a purchase money mortgage. A non-owning wife must sign on a deed to sell property to release her Dower interest, but a non-owning husband does not need to join in on a conveyance by the wife.
Marketable Record Title Act & Curative Acts
Minerals
Missing Persons
Mobile homes, Manufactured Homes And Commercial Coaches
Mortgages & Deeds of Trust
JOINDER OF SPOUSE The non-owning spouse must join in a mortgage other than a purchase money mortgage. The non-owning spouse is not required to join in a purchase money mortgage. A non-owning wife must sign on a deed to sell property to release her Dower interest, but a non-owning husband does not need to join in on a conveyance by the wife.
Notary & Acknowledgments
Plats & Subdivisions
Plats And Streets
Pre-U.S. Land Grants (British, Spanish, Mexican, French, Russian)
Probate & Estates
Public Lands
QTA
WFG does not insure from quiet title actions brought against just the property address. We would consider a quiet title action when it is brought against a specific person who owns the property. The court cannot eliminate a parties interest in the property if they are not named in the lawsuit to do so.
Restrictions And Reverters
Servicemembers Civil Relief Act
Special Risks/Ultra-Hazardous Risks
Spousal Interests
Divorce
Joinder Requirements
The non-owning spouse must join in a mortgage other than a purchase money mortgage. The non-owning spouse is not required to join in a purchase money mortgage. A non-owning wife must sign on a deed to sell property to release her Dower interest, but a non-owning husband does not need to join in on a conveyance by the wife.
State and Local Transfer Taxes
State Law Reservations
Streets
Vesting
Usage Rights
Abandonment & Vacation
Surveys And Title Insurance
Tax Liens
Federal Income and Other Taxes
Federal Estate Tax
State Income Tax
Property Tax
Other State and Local Taxes
Taxation And Tax Titles
Taxes And Assessments
Tenancies
Trusts And Trustees
Certificate of Trust
A trustee may now furnish a certificate of trust under MCL 700.7913 (as amended by HB-5362), in affidavit form, required to contain the following: The name of the trust, the date of the trust, and the date of each operative trust instrument. The name and address of each current trustee. The powers of the trustee relating to the purposes for which the certificate of trust is offered. The revocability or irrevocability of the trust and the identity of any person holding the power to revoke the trust. The authority of co-trustees to sign on behalf of the trust or otherwise authenticate on behalf of the trust and whether all or less than all co-trustees are required to exercise the trustee powers. A statement that the trust has not been revoked, modified or amended in any manner that would cause the representations included in the certificate of trust to be incorrect. While not required by the statute, it is recommended as a best practice that the certificate of trust include the legal description of the affected real property. One other significant change is that the certificate of trust may now be signed or otherwise authenticated by the settlor, ANY TRUSTEE (including a successor trustee), or an attorney for the settlor or the trustee.
A trustee may now furnish a certificate of trust under MCL 700.7913 (as amended by HB-5362), in affidavit form, required to contain the following: The name of the trust, the date of the trust, and the date of each operative trust instrument. The name and address of each current trustee. The powers of the trustee relating to the purposes for which the certificate of trust is offered. The revocability or irrevocability of the trust and the identity of any person holding the power to revoke the trust. The authority of co-trustees to sign on behalf of the trust or otherwise authenticate on behalf of the trust and whether all or less than all co-trustees are required to exercise the trustee powers. A statement that the trust has not been revoked, modified or amended in any manner that would cause the representations included in the certificate of trust to be incorrect. While not required by the statute, it is recommended as a best practice that the certificate of trust include the legal description of the affected real property. One other significant change is that the certificate of trust may now be signed or otherwise authenticated by the settlor, ANY TRUSTEE (including a successor trustee), or an attorney for the settlor or the trustee.
