UT Underwriting References

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Revision as of 14:23, 9 May 2023 by Craigtrummel (talk | contribs) (Mortgages & Deeds of Trust)

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

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.

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.

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

Plats & Subdivisions

Plats And Streets

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

Probate & Estates

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