CA Underwriting Summary

Search/Exam

• Minimum Search Requirements Recent records only
• Plant or other search restrictions Yes
• Additional Requirements for REO Searches N/A
• Foreclosure Checklist N/A
• Special Searches Required (Code, HOA, Utilities)?
• Survey Requirements
  • Purchase – No
  • Refinance – No
• UPL Hot Button Issues None

UPL

Only licensed underwritten title companies and licensed title insurance companies can issue title insurance. There is no state requirement for the involvement of an attorney, abstractor or other special professional. “Professionals” may be retained to provide information to underwritten title companies or title insurance companies but cannot issue title insurance.

Title and escrow companies are permitted to prepare “form” documents but otherwise legal documents must be prepared by an attorney.

Spousal Joinder Requirements/Homestead

California is a community property state. A non-title holding spouse or domestic partner is required to join in the execution of a deed or deed of trust unless title is as "sole and separate property."

CA has a domestic partnership statute (CA Family Code Section 297).

Time Limitations

• US Judgment Liens 20 years, renewable for 20 years
• State Court Judgment Liens 10 years
• Federal Tax Liens 10 years (+30 days); can be refiled
• State Tax Liens 10 years
• Estate Tax Lien Federal 10 years
• State Inheritance Tax Liens
• Mechanics Liens 90 days
• Financing Statements
• Mortgages
• HOA Liens
• Condominium assessments
• Child Support Liens

Odd Stuff

• Title insurance companies can issue a Release of Obligation for paid mortgages. Civil Code 2941.7.