Difference between revisions of "IN Underwriting References"

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(Created page with "==Agency== ===Powers of Attorney=== ===Corporate Authority=== ==Agreement for Deed== ==Agreement Not to Transfer or Encumber== ==Agreements== ==Agricultural Lands== ==Alien La...")
 
(Probate & Estates)
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==Pre-U.S. Land Grants (British, Spanish, Mexican, French, Russian)==
 
==Pre-U.S. Land Grants (British, Spanish, Mexican, French, Russian)==
 
==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. 
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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:
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https://law.justia.com/codes/indiana/2012/title32/article17/chapter14/
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TOD section is IC 32-17-14-11
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==Public Lands==
 
==Public Lands==
 
==Restrictions And Reverters==
 
==Restrictions And Reverters==

Revision as of 11:36, 29 January 2021

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

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

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

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

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

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

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