If you issue title insurance policies, you may dread the possibility that a claim may be made under one of them or you may have been notified that a claim has been submitted under a policy you have issued. If so, have you ever wondered what happens to that claim once it has been submitted? … Continue reading The Claims Process
During winter, many of you might have visited Massanutten Ski Resort in the mountains of Virginia. If you haven’t been to Massanutten’s slippery slopes, you’ve likely heard of it, if you live in Virginia. While skiing or snow tubing with your family and friends, despite your passion for title insurance and real estate, you likely … Continue reading Heirs’ Property from a Title Insurance Perspective
Nejron Photo/Shutterstock.com Subject to certain exceptions, Virginia law is that the Commonwealth of Virginia owns the bed of the rivers, creeks, bays and the sea all throughout the state.[1] The September 15, 2022, issue of this Magazine catalogued these exceptions in an article titled “Does the Property Line Move When the Shoreline Changes at My Waterfront … Continue reading Virginia Law on Establishing Bottomland Ownership with a King’s Grant
Even America’s most notorious dueling families have found themselves in a legal fight over cemetery access. In Kentucky, a McCoy descendant filed suit against a Hatfield descendant who had blocked access to a cemetery on his land where deceased McCoy relatives are buried. McCoy v. Vance, No. 2005-CA-000501-MR, 2006 WL 507599 (Ky. Ct. App. Mar. … Continue reading LEGAL ACCESS TO PRIVATE CEMETERIES IN VIRGINIA
The place where the waterfront property touches the water (i.e. the shoreline) differs from the other boundaries at the parcel. Upland boundaries have a fixed location. Not so at the shoreline, where wave action, water currents, wind and other natural forces constantly change the shape and location of shoreline. Courts in Virginia recognize that the shoreline … Continue reading Does the Property Line Move When the Shoreline Changes at My Waterfront Property?
For those of us handling real estate transactions in the Mid-Atlantic, our time has finally arrived. As of April 30, 2022 Virginia, Maryland and Washington D.C. joined the list of jurisdictions where title insurance companies are required to collect and report information to the U.S. Department of the Treasury Financial Crimes Enforcement Network (“FinCEN”) about persons … Continue reading FinCen and the GTO Explained
Jim Medeiros lives and works on his rural farm in Wilsons, Virginia, which he posted with “no trespassing” signs to keep hunters and their dogs from disturbing his cattle, chicken, and family home. But he knew something was wrong when the hunting dogs started running freely and frequently across his property and hunters were traipsing … Continue reading Medeiros v. Virginia Department of Wildlife Resources: A Fight for Property Rights
DOUGLASS W. DEWING The VLTA Examiner Committee and Title Industry professionals came together to compile thoughts and memories of Douglass W. Dewing, Esq. to share with VLTA Members, Title Examiners in Virginia, and the Title Industry as a whole. Throughout his career, Douglass W. Dewing, Esq. was a trend setter with his ground-breaking publication of … Continue reading IN MEMORY OF DOUGLASS W. DEWING, Esq. 10/7/1954 – 4/9/2022
When first told that property is or may be the subject of an illegal subdivision, those who are unfamiliar with the concept of illegal subdivision – especially residential buyers and sellers – may become quite concerned. I have found that the best way to introduce the concept is to acknowledge the shock effect of the … Continue reading Illegal Subdivisions and Title Insurance Coverage
The summaries below were drafted by the Virginia Division of Legislative Services. From the thousands of bills which were introduced during the 2022 session, these summaries include only bills which have been signed into law by the Governor and have been found by this author to be relevant to the VLTA membership. This selection process … Continue reading NEW LAWS July 1, 2022
Urban vs. rural title research, is there any difference between the two or is it only that it is in a different location? What about the two makes them different? This was a question posed recently that made me dig a little bit deeper into the background of the two. In my experience when conducting … Continue reading Urban VS. Rural Title Research – Is There a Difference?
Virginia Code § 38.2-1800 defines “title insurance agent” as “an agent licensed in the Commonwealth to sell, solicit, or negotiate title insurance, and performing all of the services set forth in § 38.2-4601.1.” Those services include: “(i) the evaluation of the title search to determine the insurability of the title; (ii) a determination of whether or … Continue reading Pass The State Exam With VLTA’S Pre-Licensing Course
As the 2022 General Assembly Session comes to an end, we are happy to announce that the Legislative Affairs and Advocacy Committee of VLTA has played a vital role in our voices as a title industry being heard this session on a number of issues. In Senate Bill 311 (and House Bill 281), the initial … Continue reading General Assembly Wrap-Up
(Part Two) In Part II of this article, 2021 changes to the title commitment, closing protection letters, Homeowner’s policy, extended coverage residential loan policies, short form loan policies, and endorsements will be discussed. Read Part I here. Specialty Loan Policies This group of policies had few substantive changes. Primarily, these policies were made consistent in … Continue reading What About Those 2021 ALTA Policy Forms? Part II
Hello VLTA Members! I am Stephanie Campbell, Your VLTA President for the 2021/2022 Term.We have faced a great many challenges over the last year and are finally seeing a sense of normalcy return to life and business. Deemed essential by the Department of Treasury, our workloads doubled if not tripled. We were forced to find … Continue reading VLTA Incoming President’s Message From Stephanie Campbell
Hello, I am Julie Ann Rutledge, and it has been my pleasure to serve as your VLTA President for the 2020-2021 term. Founded in 1974 with the mission of the Association to advance the efficient and secure transfer of ownership of real property, the VLTA of today is a testimony of the passion and tenacity … Continue reading Message from VLTA President 2020-2021 Julie Ann Rutledge
According to the U.S. Census Bureau, there were 40.3 million Americans age 65 and older in the 2010 Census. In 2018, that number was estimated at 52 million, representing 16 percent of the U.S. population. Today’s estimate is 73 million, a number driven by the aging of the Baby Boomers born between 1946 and 1964. … Continue reading The Title Agent’s Role in Elder Financial Fraud Prevention – Know the Red Flags and How to Respond
