Difference between revisions of "IN Underwriting References"

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==Entities==
 
==Entities==
 
==Escrows==
 
==Escrows==
 +
 +
===State Licensure===
 +
 +
In Indiana, any employee who has the authority to initiate wires, cut checks, or prepare, edit, or sign CD’s and ALTA Settlement Statements has to have an Indiana Title Producers License.
 +
 
==Estates of Decedents==
 
==Estates of Decedents==
 
==Federal Estate Tax==
 
==Federal Estate Tax==
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==Indian Titles==
 
==Indian Titles==
 
==Judgments and Liens==
 
==Judgments and Liens==
 +
 +
===In Indiana, when a judgment for monetary damages is entered in favor of a plaintiff, that judgment automatically becomes a lien for the judgment amount upon any and all real estate owned by the judgment defendant in the county where the judgment was entered. See, Ind. Code § 34-55-9-2===
 +
 
==Land Trust==
 
==Land Trust==
 
==Leases  ==
 
==Leases  ==
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===Creation & Recognition===
 
===Creation & Recognition===
 
===Lady Bird Deeds===
 
===Lady Bird Deeds===
 +
 +
==Litigation Issues==
 +
===Ex Parte Orders===
 +
I would not be comfortable insuring this one.  The Judge’s order is an Ex Parte Order, becomes a temporary order and is subject to being rescinded should she show up and object.  That’s not a good situation for us to insure the buyer when potentially the court could rescind the order in its entirety.  Nothing says reversal like an Ex Parte Order where the affected party has no idea what’s going on and has been denied their 14th Amendment Due Process rights.
  
 
==Maps==
 
==Maps==
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==Probate & Estates==
 
==Probate & Estates==
  
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TODI: Indiana has a Transfer on Death Act that covers real estate.  You’re correct, they TOD beneficiaries do not need to join in the execution of a deed/mortgage as by statute, they have no present interest in the property.  The owner has to die first.   
+
===TODI===  
 +
 
 +
Indiana has a Transfer on Death Act that covers real estate.  You’re correct, they TOD beneficiaries do not need to join in the execution of a deed/mortgage as by statute, they have no present interest in the property.  The owner has to die first.   
  
 
That said, you’ll find many attorneys will screw up the TOD declaration.  It needs to be checked against the statute to ensure complete compliance:
 
That said, you’ll find many attorneys will screw up the TOD declaration.  It needs to be checked against the statute to ensure complete compliance:
Line 93: Line 107:
  
 
TOD section is IC 32-17-14-11
 
TOD section is IC 32-17-14-11
 +
 +
===Heirship Conveyances===
 +
 +
the real estate can be transferred with a Devolution Affidavit or an Heirship Affidavit without requiring a probate provided that 7 months have passed since the date of death of the decedent.  The Devolution Affidavit is the one most commonly used:
 +
 +
As of July 1, 2020, certain changes went into effect regarding Indiana’s Probate and Trust statutes pursuant to Senate Enrolled Act 50.  Once such change was Indiana Code § 29-1-7-3 regarding the devolution of real property of a decedent. This statute may provide an avenue for distributees to transfer real property without opening a formal Probate Estate.
 +
Under Indiana Code § 29-1-7-23, when a person dies, the person’s real property passes to persons whom it is devised to by their will, or in the absence of a will, to the person’s heirs at law.  This passing of real property is, however, subject to the possession of the property by a personal representative if a formal Probate Estate is opened, the election of the surviving spouse and the expenses of administration and the payment of other claims and allowances.
 +
Under the changes to Indiana Code § 29-1-7-23, a person can sign and record a devolution affidavit to establish prima facie evidence of the passage of title to the real property.  Under the changes to the statute, that affidavit may contain the following information: (i) the decedent’s name and date of birth; (ii) a statement of the affiant’s relationship to the decedent; (iii) a description of how the decedent acquired an ownership or leasehold interest in the real property including deeds or other instruments recorded in the Office of the Recorder; (iv) a legal description of the real property as it appears in deeds or other instruments; (v) the names of all distributees known to the affiant, (vi) an explanation of how each interest in the property was acquired; and (vii) how any fractional interest to each distributee was calculated and how interests in the real property will be apportioned.  The devolution affidavit can then be presented to the county auditor where the real property is located, and then is also recorded with the Office of the Recorder in the same county.
 +
A devolution affidavit, properly filed and recorded in good faith, may be relied upon as prima facie evidence of transfer of the decedent’s title to the real property interest, if the affidavit is filed and at least seven (7) months have elapsed since the decedents death, the clerk of a court has not issued letters testamentary or letters of administration to a court appointed personal representative within the time limits to open a formal Probate Estate and the court has not issued an order otherwise preventing this chapter from applying to the real property.
 +
Several of the changes to the statute that took effect on July 1, 2020, were changes that clarified information in the statute and the affidavit procedure.  There were several changes that are worth noting.  First, the addition to the word “may” regarding the information that is contained in the devolution affidavit was a significant change. Whereas, the prior statute required certain information to be included in the devolution affidavit, the changes ensure that the affidavit can still be filed absent some of the information that used to be mandatory.
 +
Additionally, one of the big changes to the statute that is of importance to note is that the devolution affidavit no longer requires a statement in the affidavit that seven (7) months has elapsed since the decedent’s death.  This means that a devolution affidavit could be filed prior to seven (7) months from the decedent’s death.  In light of the statute still containing the provision for reliance on the devolution affidavit after seven (7) months from the decedent’s death, it still may be beneficial to wait until after seven (7) months to file and record the affidavit.
 +
 +
 +
Indiana Code 29-1-7-23
 +
 +
Sec. 23 . (a) When a person dies, the person's real and personal property passes to persons to whom it is devised by the person's last will or, in the absence of such disposition, to the persons who succeed to the person's estate as the person's heirs;  but it shall be subject to the possession of the personal representative and to the election of the surviving spouse and shall be chargeable with the expenses of administering the estate, the payment of other claims and the allowances under IC 29-1-4-1 , except as otherwise provided in IC 29-1.
 +
(b) A person may sign and record an affidavit to establish prima facie evidence of the passage of real estate title to distributees under this section.  An affidavit under this section may contain the following information:
 +
(1) The decedent's name and date of death.
 +
(2) A statement of the affiant's relationship to the decedent.
 +
(3) A description of how the following deeds or other instruments vested in the decedent an ownership or leasehold interest in real property, with a cross-reference if applicable, under IC 36-2-7-10(l) to each deed or other instrument:
 +
(A) Deeds or other instruments recorded in the office of the recorder where the real property is located.
 +
(B) Deeds or other instruments that disclose a title transaction (as defined in IC 32-20-2-7 ).
 +
(4) The legal description of the conveyed real property as it appears in instruments described in subdivision (3).
 +
(5) The names of all distributees known to the affiant.
 +
(6) An explanation of how each interest in the real property passed upon the decedent's death to each distributee by:
 +
(A) intestate succession under IC 29-1-2-1 ;  or
 +
(B) the decedent's last will and testament that has been admitted to probate under section 13 of this chapter, with references to:
 +
(i) the name and location of the court that issued the order admitting the will to probate;  and
 +
(ii) the date when the court admitted the decedent's will to probate.
 +
(7) An explanation of how any fractional interests in the real property that may have passed to multiple distributees were calculated and apportioned.
 +
(c) Upon presentation of an affidavit described in subsection (b), the auditor of the county where the real property described in the affidavit is located must endorse the affidavit as an instrument that is exempt from the requirements to file a sales disclosure form and must enter the names of the distributees shown on the affidavit on the tax duplicate on which the real property is transferred, assessed, and taxed under IC 6-1.1-5-7 .
 +
(d) Upon presentation of an affidavit described in subsection (b), the recorder of the county where the real property described in the affidavit is located must:
 +
(1) record the affidavit;  and
 +
(2) index the affidavit as the most recent instrument responsible for the transfer of the real property described in subsection (b)(4).
 +
(e) Any person may rely upon an affidavit recorded with the county recorder:
 +
(1) made in good faith;  and
 +
(2) under this section;
 +
as prima facie evidence of an effective transfer of the decedent's title to the real property interest under subsection (a) to the distributee described in the affidavit.
 +
(f) If:
 +
(1) at least seven (7) months have elapsed since the decedent's death;
 +
(2) the clerk of the court described in subsection (b)(6)(B) has not issued letters testamentary or letters of administration to the court appointed personal representative for the decedent within the time limits specified under section 15.1(d) of this chapter;  and
 +
(3) the court described in subsection (b)(6)(B) has not issued findings and an accompanying order preventing the limitations in section 15.1(b) of this chapter from applying to the decedent's real property;
 +
any person may rely upon the affidavit described in subsection (e) as evidence that the real property may not be sold by an executor or administrator of the decedent's estate to pay a debt or obligation of the decedent, which is not a lien of record in the county in which the real property is located, or to pay any costs of administration of the decedent's estate.
  
 
==Public Lands==
 
==Public Lands==
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==State Law Reservations==
 
==State Law Reservations==
 
==Streets==
 
==Streets==
 +
===Streets Exception===
 +
====Metes & Bounds====
 +
We must take exception to it on all metes and bounds because the streets may have either shifted over time or more land is being used for it than how large the road legally is.  The only way to remove it would be to require a staked survey that accurately depicts the road and research the roads chain to see if it can be removed.
 +
===Abandonment & Vacation===
 +
add an exception for the vacated street/alley even though they had an exception for the Notice vacating them.  Sometimes, the vacation ordinance will grant an easement to public utilities, sometimes not.  It’s always a good idea to add:
 +
 +
Rights, if any, of public utilities installed in vacated ________________ Street and the vacated, unnamed alley prior to the vacation thereof together with the right to enter onto the Land for the purposes of maintaining, repairing and replacing said utilities.
 +
 +
In some states, adjoining landowners may have a statutory easement for ingress/egress if the vacation would land lock them though it’s rare that you’ll have that situation.
 +
 
===Vesting===
 
===Vesting===
 
===Usage Rights===
 
===Usage Rights===
 
===Abandonment & Vacation===
 
===Abandonment & Vacation===
 +
 
==Surveys And Title Insurance==
 
==Surveys And Title Insurance==
 
==Tax Liens==
 
==Tax Liens==
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===Property Tax===
 
===Property Tax===
  
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====Tax Sales====
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=== Other State and Local Taxes===
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==Tax Sales==
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 +
 
  
 
Effective immediately, we have revised our Indiana tax sale requirements. You will recall, that previous underwriting guidelines required a quiet title action if a tax deed was found within the past 10 years. One of the basic changes in our new guidelines is a reduction in the time frame after execution of a tax deed from 10 years to 3 years. After 3 years have passed since the execution of the tax deed, we will no longer require a quiet title to insure the tax sale.
 
Effective immediately, we have revised our Indiana tax sale requirements. You will recall, that previous underwriting guidelines required a quiet title action if a tax deed was found within the past 10 years. One of the basic changes in our new guidelines is a reduction in the time frame after execution of a tax deed from 10 years to 3 years. After 3 years have passed since the execution of the tax deed, we will no longer require a quiet title to insure the tax sale.
 +
 
Additionally, we have eliminated the quiet title requirement within the 3 years period when presented with a smaller liability owner’s policy from another underwriter if substantial improvements have been made to the property. Note: use of the substantial improvements option requires underwriter approval.
 
Additionally, we have eliminated the quiet title requirement within the 3 years period when presented with a smaller liability owner’s policy from another underwriter if substantial improvements have been made to the property. Note: use of the substantial improvements option requires underwriter approval.
 +
 
Our new tax sale requirements are as follows:
 
Our new tax sale requirements are as follows:
 +
 
TAX SALE REQUIREMENTS:
 
TAX SALE REQUIREMENTS:
 
A search of the Land revealed a tax deed within the past 3 years. In order to insure the proposed transaction, we require one of the following:
 
A search of the Land revealed a tax deed within the past 3 years. In order to insure the proposed transaction, we require one of the following:
 +
 
 A copy of a prior Owners Policy insuring the Seller/Borrower; OR
 
 A copy of a prior Owners Policy insuring the Seller/Borrower; OR
 +
 
 Quitclaim Deeds/Releases from:
 
 Quitclaim Deeds/Releases from:
 +
 
 All parties with an interest in the Land at the date of tax sale; and
 
 All parties with an interest in the Land at the date of tax sale; and
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NOTE: The information contained in this Bulletin is intended solely for the use of employees of WFG National Title
+
 
−
Insurance Company, its title insurance agents and approved attorneys. Disclosure to any other person is expressly
 
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prohibited unless approved in writing by the WFG National Title Insurance Company’s Underwriting Department.
 
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The Agent may be held responsible for any loss sustained as a result of the failure to follow the standards set
 
−
forth above.
 
 
 All parties who acquired an interest between date of tax sale and date of commitment but have not conveyed or released their interest; OR
 
 All parties who acquired an interest between date of tax sale and date of commitment but have not conveyed or released their interest; OR
 +
 
 A prior Owner’s Policy from another underwriter insuring the Seller/Borrower in an amount within 90% of, equal to, or greater than the amount of insurance on the current transaction. Seller in the current transaction must convey by general warranty deed; OR
 
 A prior Owner’s Policy from another underwriter insuring the Seller/Borrower in an amount within 90% of, equal to, or greater than the amount of insurance on the current transaction. Seller in the current transaction must convey by general warranty deed; OR
 +
 
 A prior Owner’s Policy from another underwriter insuring the Seller/Borrower for less than an amount within 90% of the proposed amount of insurance in the current transaction if Seller/Borrower has proof of having added substantial improvements the value of which combined with the liability amount of the prior policy is sufficient to support the proposed amount of insurance. Seller in the current transaction must convey by general warranty deed. (NOTE: Use of this option requires underwriter approval); OR
 
 A prior Owner’s Policy from another underwriter insuring the Seller/Borrower for less than an amount within 90% of the proposed amount of insurance in the current transaction if Seller/Borrower has proof of having added substantial improvements the value of which combined with the liability amount of the prior policy is sufficient to support the proposed amount of insurance. Seller in the current transaction must convey by general warranty deed. (NOTE: Use of this option requires underwriter approval); OR
 +
 
 A Quiet Title suit in which the following parties are properly named and served:
 
 A Quiet Title suit in which the following parties are properly named and served:
 +
 
 All parties with an interest in the Land at the date of tax sale; and
 
 All parties with an interest in the Land at the date of tax sale; and
 +
 
 All parties who acquired an interest between the date of tax sale and the date of the Quiet Title complaint but have not conveyed or released their interest.
 
 All parties who acquired an interest between the date of tax sale and the date of the Quiet Title complaint but have not conveyed or released their interest.
 +
 
 If the Quiet Title option is chosen, the current transaction cannot close until the occurrence of one of the following:
 
 If the Quiet Title option is chosen, the current transaction cannot close until the occurrence of one of the following:
 +
 
 The expiration of the appeal period (30 days after the quiet title judgment) if service was personal, copy, registered or certified mail, or if an appearance was filed by a party.
 
 The expiration of the appeal period (30 days after the quiet title judgment) if service was personal, copy, registered or certified mail, or if an appearance was filed by a party.
 +
 
 The expiration of the period for filing a TR 60(B)(4) motion (1 year after quiet title judgment) if service was by publication only; OR
 
 The expiration of the period for filing a TR 60(B)(4) motion (1 year after quiet title judgment) if service was by publication only; OR
 +
 
 Passage of 3 years from date of tax deed.
 
 Passage of 3 years from date of tax deed.
  
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=== Other State and Local Taxes===
 
−
==Taxation And Tax Titles==
 
 
==Taxes And Assessments==
 
==Taxes And Assessments==
 
==Tenancies==
 
==Tenancies==
 
==Trusts And Trustees==
 
==Trusts And Trustees==
 +
 +
===Trust Vesting - Trust vs. Trustee===
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 +
When vesting in name of Trust only, The conveyance is not void; this is a guideline rather than a hard rule.  See below:
 +
 +
IC 30-4-2-6(a) provides that the trustee takes title to the trust property.  The definition of trust property in IC 30-4-1-2(26) states that trust property is property acquired by the trustee for the trust regardless of whether the trust property is titled in the name of the trustee or the name of the trust.
 +
 
==Truth-In-Lending==
 
==Truth-In-Lending==
 
==Unauthorized Practice of Law==
 
==Unauthorized Practice of Law==

Latest revision as of 06:43, 1 November 2022

Contents

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

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

State Licensure

In Indiana, any employee who has the authority to initiate wires, cut checks, or prepare, edit, or sign CD’s and ALTA Settlement Statements has to have an Indiana Title Producers License.

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

In Indiana, when a judgment for monetary damages is entered in favor of a plaintiff, that judgment automatically becomes a lien for the judgment amount upon any and all real estate owned by the judgment defendant in the county where the judgment was entered. See, Ind. Code § 34-55-9-2

Land Trust

Leases

Letters of Indemnity Between Title Companies, Reliance on Mutual Indemnification Agreement

Life Estates

Indiana has a Transfer on Death Act that covers real estate. You’re correct, they TOD beneficiaries do not need to join in the execution of a deed/mortgage as by statute, they have no present interest in the property. The owner has to die first.

That said, you’ll find many attorneys will screw up the TOD declaration. It needs to be checked against the statute to ensure complete compliance:

https://law.justia.com/codes/indiana/2012/title32/article17/chapter14/

TOD section is IC 32-17-14-11


Creation & Recognition

Lady Bird Deeds

Litigation Issues

Ex Parte Orders

I would not be comfortable insuring this one. The Judge’s order is an Ex Parte Order, becomes a temporary order and is subject to being rescinded should she show up and object. That’s not a good situation for us to insure the buyer when potentially the court could rescind the order in its entirety. Nothing says reversal like an Ex Parte Order where the affected party has no idea what’s going on and has been denied their 14th Amendment Due Process rights.

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

Notary & Acknowledgments

Plats & Subdivisions

Plats And Streets

Pre-U.S. Land Grants (British, Spanish, Mexican, French, Russian)

Probate & Estates

TODI

Indiana has a Transfer on Death Act that covers real estate. You’re correct, they TOD beneficiaries do not need to join in the execution of a deed/mortgage as by statute, they have no present interest in the property. The owner has to die first.

That said, you’ll find many attorneys will screw up the TOD declaration. It needs to be checked against the statute to ensure complete compliance:

https://law.justia.com/codes/indiana/2012/title32/article17/chapter14/

TOD section is IC 32-17-14-11

Heirship Conveyances

the real estate can be transferred with a Devolution Affidavit or an Heirship Affidavit without requiring a probate provided that 7 months have passed since the date of death of the decedent. The Devolution Affidavit is the one most commonly used:

As of July 1, 2020, certain changes went into effect regarding Indiana’s Probate and Trust statutes pursuant to Senate Enrolled Act 50. Once such change was Indiana Code § 29-1-7-3 regarding the devolution of real property of a decedent. This statute may provide an avenue for distributees to transfer real property without opening a formal Probate Estate. Under Indiana Code § 29-1-7-23, when a person dies, the person’s real property passes to persons whom it is devised to by their will, or in the absence of a will, to the person’s heirs at law. This passing of real property is, however, subject to the possession of the property by a personal representative if a formal Probate Estate is opened, the election of the surviving spouse and the expenses of administration and the payment of other claims and allowances. Under the changes to Indiana Code § 29-1-7-23, a person can sign and record a devolution affidavit to establish prima facie evidence of the passage of title to the real property. Under the changes to the statute, that affidavit may contain the following information: (i) the decedent’s name and date of birth; (ii) a statement of the affiant’s relationship to the decedent; (iii) a description of how the decedent acquired an ownership or leasehold interest in the real property including deeds or other instruments recorded in the Office of the Recorder; (iv) a legal description of the real property as it appears in deeds or other instruments; (v) the names of all distributees known to the affiant, (vi) an explanation of how each interest in the property was acquired; and (vii) how any fractional interest to each distributee was calculated and how interests in the real property will be apportioned. The devolution affidavit can then be presented to the county auditor where the real property is located, and then is also recorded with the Office of the Recorder in the same county. A devolution affidavit, properly filed and recorded in good faith, may be relied upon as prima facie evidence of transfer of the decedent’s title to the real property interest, if the affidavit is filed and at least seven (7) months have elapsed since the decedents death, the clerk of a court has not issued letters testamentary or letters of administration to a court appointed personal representative within the time limits to open a formal Probate Estate and the court has not issued an order otherwise preventing this chapter from applying to the real property. Several of the changes to the statute that took effect on July 1, 2020, were changes that clarified information in the statute and the affidavit procedure. There were several changes that are worth noting. First, the addition to the word “may” regarding the information that is contained in the devolution affidavit was a significant change. Whereas, the prior statute required certain information to be included in the devolution affidavit, the changes ensure that the affidavit can still be filed absent some of the information that used to be mandatory. Additionally, one of the big changes to the statute that is of importance to note is that the devolution affidavit no longer requires a statement in the affidavit that seven (7) months has elapsed since the decedent’s death. This means that a devolution affidavit could be filed prior to seven (7) months from the decedent’s death. In light of the statute still containing the provision for reliance on the devolution affidavit after seven (7) months from the decedent’s death, it still may be beneficial to wait until after seven (7) months to file and record the affidavit.


Indiana Code 29-1-7-23

Sec. 23 . (a) When a person dies, the person's real and personal property passes to persons to whom it is devised by the person's last will or, in the absence of such disposition, to the persons who succeed to the person's estate as the person's heirs;  but it shall be subject to the possession of the personal representative and to the election of the surviving spouse and shall be chargeable with the expenses of administering the estate, the payment of other claims and the allowances under IC 29-1-4-1 , except as otherwise provided in IC 29-1. (b) A person may sign and record an affidavit to establish prima facie evidence of the passage of real estate title to distributees under this section.  An affidavit under this section may contain the following information: (1) The decedent's name and date of death. (2) A statement of the affiant's relationship to the decedent. (3) A description of how the following deeds or other instruments vested in the decedent an ownership or leasehold interest in real property, with a cross-reference if applicable, under IC 36-2-7-10(l) to each deed or other instrument: (A) Deeds or other instruments recorded in the office of the recorder where the real property is located. (B) Deeds or other instruments that disclose a title transaction (as defined in IC 32-20-2-7 ). (4) The legal description of the conveyed real property as it appears in instruments described in subdivision (3). (5) The names of all distributees known to the affiant. (6) An explanation of how each interest in the real property passed upon the decedent's death to each distributee by: (A) intestate succession under IC 29-1-2-1 ;  or (B) the decedent's last will and testament that has been admitted to probate under section 13 of this chapter, with references to: (i) the name and location of the court that issued the order admitting the will to probate;  and (ii) the date when the court admitted the decedent's will to probate. (7) An explanation of how any fractional interests in the real property that may have passed to multiple distributees were calculated and apportioned. (c) Upon presentation of an affidavit described in subsection (b), the auditor of the county where the real property described in the affidavit is located must endorse the affidavit as an instrument that is exempt from the requirements to file a sales disclosure form and must enter the names of the distributees shown on the affidavit on the tax duplicate on which the real property is transferred, assessed, and taxed under IC 6-1.1-5-7 . (d) Upon presentation of an affidavit described in subsection (b), the recorder of the county where the real property described in the affidavit is located must: (1) record the affidavit;  and (2) index the affidavit as the most recent instrument responsible for the transfer of the real property described in subsection (b)(4). (e) Any person may rely upon an affidavit recorded with the county recorder: (1) made in good faith;  and (2) under this section; as prima facie evidence of an effective transfer of the decedent's title to the real property interest under subsection (a) to the distributee described in the affidavit. (f) If: (1) at least seven (7) months have elapsed since the decedent's death; (2) the clerk of the court described in subsection (b)(6)(B) has not issued letters testamentary or letters of administration to the court appointed personal representative for the decedent within the time limits specified under section 15.1(d) of this chapter;  and (3) the court described in subsection (b)(6)(B) has not issued findings and an accompanying order preventing the limitations in section 15.1(b) of this chapter from applying to the decedent's real property; any person may rely upon the affidavit described in subsection (e) as evidence that the real property may not be sold by an executor or administrator of the decedent's estate to pay a debt or obligation of the decedent, which is not a lien of record in the county in which the real property is located, or to pay any costs of administration of the decedent's estate.

Public Lands

Restrictions And Reverters

Servicemembers Civil Relief Act

Special Risks/Ultra-Hazardous Risks

Spousal Interests

Divorce

Joinder Requirements

State and Local Transfer Taxes

State Law Reservations

Streets

Streets Exception

Metes & Bounds

We must take exception to it on all metes and bounds because the streets may have either shifted over time or more land is being used for it than how large the road legally is. The only way to remove it would be to require a staked survey that accurately depicts the road and research the roads chain to see if it can be removed.

Abandonment & Vacation

add an exception for the vacated street/alley even though they had an exception for the Notice vacating them. Sometimes, the vacation ordinance will grant an easement to public utilities, sometimes not. It’s always a good idea to add:

Rights, if any, of public utilities installed in vacated ________________ Street and the vacated, unnamed alley prior to the vacation thereof together with the right to enter onto the Land for the purposes of maintaining, repairing and replacing said utilities.

In some states, adjoining landowners may have a statutory easement for ingress/egress if the vacation would land lock them though it’s rare that you’ll have that situation.

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

Tax Sales

Effective immediately, we have revised our Indiana tax sale requirements. You will recall, that previous underwriting guidelines required a quiet title action if a tax deed was found within the past 10 years. One of the basic changes in our new guidelines is a reduction in the time frame after execution of a tax deed from 10 years to 3 years. After 3 years have passed since the execution of the tax deed, we will no longer require a quiet title to insure the tax sale.

Additionally, we have eliminated the quiet title requirement within the 3 years period when presented with a smaller liability owner’s policy from another underwriter if substantial improvements have been made to the property. Note: use of the substantial improvements option requires underwriter approval.

Our new tax sale requirements are as follows:

TAX SALE REQUIREMENTS: A search of the Land revealed a tax deed within the past 3 years. In order to insure the proposed transaction, we require one of the following:

 A copy of a prior Owners Policy insuring the Seller/Borrower; OR

 Quitclaim Deeds/Releases from:

 All parties with an interest in the Land at the date of tax sale; and

 All parties who acquired an interest between date of tax sale and date of commitment but have not conveyed or released their interest; OR

 A prior Owner’s Policy from another underwriter insuring the Seller/Borrower in an amount within 90% of, equal to, or greater than the amount of insurance on the current transaction. Seller in the current transaction must convey by general warranty deed; OR

 A prior Owner’s Policy from another underwriter insuring the Seller/Borrower for less than an amount within 90% of the proposed amount of insurance in the current transaction if Seller/Borrower has proof of having added substantial improvements the value of which combined with the liability amount of the prior policy is sufficient to support the proposed amount of insurance. Seller in the current transaction must convey by general warranty deed. (NOTE: Use of this option requires underwriter approval); OR

 A Quiet Title suit in which the following parties are properly named and served:

 All parties with an interest in the Land at the date of tax sale; and

 All parties who acquired an interest between the date of tax sale and the date of the Quiet Title complaint but have not conveyed or released their interest.

 If the Quiet Title option is chosen, the current transaction cannot close until the occurrence of one of the following:

 The expiration of the appeal period (30 days after the quiet title judgment) if service was personal, copy, registered or certified mail, or if an appearance was filed by a party.

 The expiration of the period for filing a TR 60(B)(4) motion (1 year after quiet title judgment) if service was by publication only; OR

 Passage of 3 years from date of tax deed.

Taxes And Assessments

Tenancies

Trusts And Trustees

Trust Vesting - Trust vs. Trustee

When vesting in name of Trust only, The conveyance is not void; this is a guideline rather than a hard rule. See below:

IC 30-4-2-6(a) provides that the trustee takes title to the trust property. The definition of trust property in IC 30-4-1-2(26) states that trust property is property acquired by the trustee for the trust regardless of whether the trust property is titled in the name of the trustee or the name of the trust.

Truth-In-Lending

Unauthorized Practice of Law

Uniform Commercial Code (UCC)

Uniform Federal Lien Registration Act

Usury

Utilities

Water And Water Rights

Waters And Watercourses

Zoning

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