Let’s face it -- it’s just not easy to determine how to vest property that has gone through an estate in Virginia. It’s a complicated task, and sparks quite a few title insurance claims. This article discusses the issue of a specific devise in a probated will that failed due to the devisee predeceasing the testator. … Continue reading The Claims Corner: A Failed Specific Devise – Intricacies of Examining and Underwriting Estates in Virginia
TUTE Spring 2024
The Unknown Title Examiner TUTE departs from the usual dive into the land records to discuss what is in this electronic age an all-too-frequent occurrence of fraud in the marketplace. “Hello, Ms. Jetson? My name is Spacely and I own a lot in Bedrock subdivision. I see from your credentials that you list and sell … Continue reading TUTE Spring 2024
Access to Deeds and Land Records in Virginia: A Thirty-Year Perspective Part 2 – Digital Conversion is a Game Changer
Read Access to Deeds and Land Records in Virginia Part 1 – The Ghost of Title Search Past here. In my previous article in December 2023, I shared a glimpse from the past related to how individuals and businesses involved in the title industry conducted title searches by visiting 120 records rooms in the offices … Continue reading Access to Deeds and Land Records in Virginia: A Thirty-Year Perspective Part 2 – Digital Conversion is a Game Changer
Tax Sales in Virginia – Part Two
Read Tax Sales in Virginia - Part One here. Litigation After the pre-litigation publication and mailed notice periods have expired a complaint can be filed with the circuit court asking that the property be sold for the delinquent taxes. The complaint generally tells the story of the real estate. It should indicate whose name the … Continue reading Tax Sales in Virginia – Part Two
The Claims Corner: Trends in Vacant Land Fraud Claims
Title insurance serves as a safeguard promising protection against potential property ownership disputes. However, even with this coverage in place, homeowners may still be compelled to file a title insurance claim. These claims, often triggered by issues relating to unreleased liens or deeds of trust, boundary disputes, or fraud, can be complex and daunting. In … Continue reading The Claims Corner: Trends in Vacant Land Fraud Claims
Illegal Subdivisions and Title Insurance Coverage
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
USING POWER OF ATTORNEYS IN REAL ESTATE TRANSACTIONS: TIPS & PITFALLS
No one wants to be the reason a closing is delayed. Yet, issues with the power of attorney is one of the most prevalent closing hiccups and sources of delay. The purpose of this article is to provide a basic understanding of the power of attorney and give you some practice tips to help you … Continue reading USING POWER OF ATTORNEYS IN REAL ESTATE TRANSACTIONS: TIPS & PITFALLS
Due Diligence & Survey Matters
by Julie Ann Rutledge, President Land Title Research, Inc. Proactive Title Defense – Communication is the Key: Errors in the Title Report and Commitment remain the top cause of claims in the title industry today. There are many factors that contribute to the problem of errors and omissions in Title Reports and Commitments. It … Continue reading Due Diligence & Survey Matters
Technology: Positive Impacts at the Local Level
The Examiner has dedicated several months to the discussion of technology’s impact on our industry, whether real or imagined. This discussion will continue and change is something we all have to accept whether we want to or not. Often times, we cast the impact as negative. In fact, in one of our prior articles I … Continue reading Technology: Positive Impacts at the Local Level
eRecording in the Commonwealth of Virginia – An Interview with the Clerks of the City of Fredericksburg and King George County Circuit Court
An Interview with the Clerk of the Circuit Court City of Fredericksburg, Virginia Question for the Clerk: As a Clerk in the Commonwealth of Virginia and as a member of the Clerk’s Association, what issues and questions are being addressed by the Clerk’s Association regarding e-Recording in Virginia? Response: The Clerks are working with the … Continue reading eRecording in the Commonwealth of Virginia – An Interview with the Clerks of the City of Fredericksburg and King George County Circuit Court
eRecording in Virginia
eRecording FAQ’s - frequently asked questions by eRecorders Is eRecording Legal in Virginia? The Uniform Electronic Transaction Act (UETA) established and authorized the legal equivalence of electronic records (documents) and electronic signatures. The Uniform Real Property Electronic Recording Act (URPERA) authorized the Circuit Court Land Record Clerk to accept records (documents) in an electronic format. … Continue reading eRecording in Virginia