This column was written (anonymously) for many years by Doug Dewing, who died in April far too young. Doug was a recognized authority on real property law in Virginia, a mentor and friend to many of us in the Commonwealth and beyond. This author succeeds Doug, but no one can replace him; this column and … Continue reading TUTE Fall 2022
The Recordation Tax Exemption That You Likely Never Knew Existed
There is a full exemption from the Virginia grantor’s tax and state and local recordation taxes available on certain deeds and deeds of trust, which you have probably never heard of – and for good reason. You will not find the exemption anywhere in Chapter 8 of Title 58.1 of the Virginia Code; in fact, the … Continue reading The Recordation Tax Exemption That You Likely Never Knew Existed
THE NTP DESIGNATION AND WHY YOU SHOULD CONSIDER GETTING IT
When asked to write an article for the Examiner Magazine on obtaining the ALTA National Title Professional (NTP) Designation, several thoughts ran through my mind. First, I was flattered that a simple post on the VLTA Online Community website had inspired another member to consider, and eventually earn the NTP Designation herself. Second, I was … Continue reading THE NTP DESIGNATION AND WHY YOU SHOULD CONSIDER GETTING IT
VCTSA Success Story
In 2021, I took the Virginia Certified Title Settlement Agent (VCTSA) course through VLTA. By its own definition, the VCTSA Course is “the only advanced instructional program available for title settlement agents in Virginia to promote higher standards and skills for title settlement agents to benefit the land title industry and real property consumers.” My reasons … Continue reading VCTSA Success Story
NEW LAWS July 1, 2022
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 a Difference?
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?
Title Monitoring
Lately, we have been hearing from title agents that consumers are deciding not to purchase an owner’s policy because they have some sort of title monitoring service. And some real estate agents are similarly advising their clients to forego title insurance in view of this alternative product. I’ve even had a representative from one of the … Continue reading Title Monitoring
Considerations in Selling Your Title Agency
Do you own your title agency and are now in the early stages of exploring or thinking seriously about your exit strategy? As you can imagine, making the decision of when and how to exit your business can be one of the hardest and most emotional decisions you will have to make as a business … Continue reading Considerations in Selling Your Title Agency
Pass The State Exam With VLTA’S Pre-Licensing Course
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
CLOSING REAL ESTATE TRANSACTIONS DURING A PANDEMIC
Originally published in the Fee Simple, the journal of the real property section of the Virginia State Bar. Reprinted with permission of the Bar and the author. An “unprecedented global health crisis” is a common phrase we have sadly grown accustomed to hearing as the world grapples with the impact of COVID-19. Unsurprisingly, the pandemic … Continue reading CLOSING REAL ESTATE TRANSACTIONS DURING A PANDEMIC
Strict Construction of Instruments of Conveyance for Easements
Wavell v. Lengel, 2021 Va. Cir. LEXIS 158, Case No. CL20000484-00(Amherst Co. Cir. Ct. July 12, 2021). Strict construction of canons of legal interpretation are presented in Amherst County Circuit Court’s recent decision, Wavell v. Lengel, 2021 Va. Cir. LEXIS 158, Case No. CL20000484-00 (July 12, 2021). (A copy of the opinion is attached.) Therein, … Continue reading Strict Construction of Instruments of Conveyance for Easements
2022 Winter ARTU Q&A
Question: You are closing a transaction in which Pine Acres is being sold by Jennifer Doubtfire. The title notes reveal that Pine Acres was purchased by Jay Williams in 2002. In August of 2013, Jay executed a properly drafted transfer on death deed (TOD) naming Jennifer as the grantee, and delivered the deed to Jennifer. … Continue reading 2022 Winter ARTU Q&A