Difference between revisions of "UT Underwriting References"
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==Common Law Syndicates or Trusts== | ==Common Law Syndicates or Trusts== | ||
==Community and Separate Real Property== | ==Community and Separate Real Property== | ||
| + | Utah is not a community property state | ||
| + | |||
==Condominiums, Homeowners’ Associations and Common Interest Developments== | ==Condominiums, Homeowners’ Associations and Common Interest Developments== | ||
==Construction Liens== | ==Construction Liens== | ||
| Line 78: | Line 80: | ||
==Mobile homes, Manufactured Homes And Commercial Coaches== | ==Mobile homes, Manufactured Homes And Commercial Coaches== | ||
==Mortgages & Deeds of Trust== | ==Mortgages & Deeds of Trust== | ||
| + | |||
| + | The Utah Supreme Court case that affirms a Purchase Money Deed of Trust has priority over prior judgments affecting a Buyer is Nelson v. Stoker, 1983. Below is a link to that decision. | ||
| + | |||
| + | https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwiY26Hemen-AhU-JkQIHeVMBX0QFnoECA4QAQ&url=https%3A%2F%2Flaw.justia.com%2Fcases%2Futah%2Fsupreme-court%2F1983%2F18244-0.html&usg=AOvVaw0CsnwYULsHsTQ7K6exDemd | ||
| + | |||
| + | Based on this Utah Supreme Court decision, the prior judgment, even a child support judgment is junior to the purchase money Deed of Trust. For title insurance purposes, I recommend the agent show the judgments of record in Schedule B, Part ll of the proposed Lender’s policy. | ||
| + | |||
==Notary & Acknowledgments== | ==Notary & Acknowledgments== | ||
==Plats & Subdivisions== | ==Plats & Subdivisions== | ||
Latest revision as of 14:25, 9 May 2023
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 Trust
- 48 Leases
- 49 Letters of Indemnity Between Title Companies, Reliance on Mutual Indemnification Agreement
- 50 Life Estates
- 51 Maps
- 52 Marital Homestead in Probate Proceedings
- 53 Marital Property
- 54 Marketable Record Title Act & Curative Acts
- 55 Minerals
- 56 Missing Persons
- 57 Mobile homes, Manufactured Homes And Commercial Coaches
- 58 Mortgages & Deeds of Trust
- 59 Notary & Acknowledgments
- 60 Plats & Subdivisions
- 61 Plats And Streets
- 62 Pre-U.S. Land Grants (British, Spanish, Mexican, French, Russian)
- 63 Probate & Estates
- 64 Public Lands
- 65 Restrictions And Reverters
- 66 Servicemembers Civil Relief Act
- 67 Special Risks/Ultra-Hazardous Risks
- 68 Spousal Interests
- 69 State and Local Transfer Taxes
- 70 State Law Reservations
- 71 Streets
- 72 Surveys And Title Insurance
- 73 Tax Liens
- 74 Taxation And Tax Titles
- 75 Taxes And Assessments
- 76 Tenancies
- 77 Trusts And Trustees
- 78 Truth-In-Lending
- 79 Unauthorized Practice of Law
- 80 Uniform Commercial Code (UCC)
- 81 Uniform Federal Lien Registration Act
- 82 Usury
- 83 Utilities
- 84 Water And Water Rights
- 85 Waters And Watercourses
- 86 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
Utah is not a community property state
Condominiums, Homeowners’ Associations and Common Interest Developments
Construction Liens
Contracts for Sale
Conveyances
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
Identity of Persons
Incompetents & Minors
Indian Titles
Judgments and Liens
The Utah Supreme Court case that affirms a Purchase Money Deed of Trust has priority over prior judgments affecting a Buyer is Nelson v. Stoker, 1983. Below is a link to that decision.
Based on this Utah Supreme Court decision, the prior judgment, even a child support judgment is junior to the purchase money Deed of Trust. For title insurance purposes, I recommend the agent show the judgments of record in Schedule B, Part ll of the proposed Lender’s policy.
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
Marketable Record Title Act & Curative Acts
Minerals
Missing Persons
Mobile homes, Manufactured Homes And Commercial Coaches
Mortgages & Deeds of Trust
The Utah Supreme Court case that affirms a Purchase Money Deed of Trust has priority over prior judgments affecting a Buyer is Nelson v. Stoker, 1983. Below is a link to that decision.
Based on this Utah Supreme Court decision, the prior judgment, even a child support judgment is junior to the purchase money Deed of Trust. For title insurance purposes, I recommend the agent show the judgments of record in Schedule B, Part ll of the proposed Lender’s policy.
