What is a Preliminary Title Report?

May 26, 2017

A preliminary report is designed to facilitate the issuance of a particular type of policy. The preliminary report identifies the title to the estate or interest in the described land. It also contains a list of defects, liens and encumbrances and restrictions which would be excluded from coverage if the requested policy were to be issued as of the date of the report, together with a disclosure of selected policy boilerplate provisions attached as an exhibit to each report.

A realtor will often obtain a copy of the preliminary report in order to discuss the matters set forth in it with his or her clients. Thus, a preliminary report provides the opportunity to seek the removal of items referred in the report which are objectionable to the prospective insured. Such arrangements can be made with the assistance of the escrow. read more

Title Insurance Requirements for Insuring Living Trusts

May 19, 2017

In today’s world of busy probate courts and the necessity of protecting personal financial information, the living trust has become a common manner of holding title to real property. The following may help you understand a few of the legal requirements for the title insurance company if title to property is conveyed to the trustee of a living trust.

What is a trust?
An agreement between a trustor and trustee for the trustee to hold title to and administer designated assets of the trustor for the use and benefit of one or more beneficiaries.

Can a trust itself acquire and convey interests in real property?

No. The living trust is an arrangement between a trustee and a trustor. Only the trustee, on behalf of the trust, may own and convey any interest in real property. The trustee may only exercise the powers granted in the trust. read more

What You Need to Know About Preliminary Title Reports

May 16, 2017

After a buyer and seller have reached agreement, but before the close of escrow, the preliminary title report needs to be reviewed. The title report will reveal various liens, encroachments, easements, and anything else recorded against the property. The title company’s job is to compile the report, and this report is something that we believe is well worth understanding.

To help get your head around the legalese terminology involved in the report, check out these commonly used terms and phrases to help you better understand a Preliminary Title Report. read more

Covering the Basics of the Escrow Process

May 10, 2017

Learn the basics of escrow.

Escrow is a service that provides the public with a means of protection in the handling of funds and documents. Commonly used for real estate dealings, escrow is a neutral third party that helps one person transfer funds to another. In essence, escrow allows the buyer and seller to transact business with each other through another party, minimizing risk of loss.

How is it created?

An escrow is created when money and/or documents are deposited by two or more persons with a third party that are then to be delivered upon the happening of certain conditions. This ‘third party’ is the escrow agent or escrow holder. The funds are kept safe and secure until the mutual instructions are met. read more

What You Should Know About Quiet Title Law in California

May 2, 2017

An action to quiet title is a lawsuit brought in a court having jurisdiction over property disputes, in order to establish a party’s title to real property, or personal property having a title, and thus ‘quiet’ any challenges or claims to the title. The purpose of a quiet title action is to establish title against the adverse claims. For what you need to know about quiet title law in California, read on.

Jurisdiction

A quiet title action must be brought in the superior court of the county in which the real property is located. The court will then have complete power to determine title issues.

Requirements
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