The Hidden Recorded Treasure: What's wrong with this Plat? Hint: Read the surveyor’s note to the right. The Hidden Recorded TreasureDiscovered by Julie-Ann Rutledge
Guide to Judicial Tax Sales For Examiners & Underwriters in Virginia
Article by Jerry C. Booth, Jr. I. Introduction A judicial tax sale is a legal process used to collect delinquent real estate taxes by selling the property through a proceeding in the local circuit court. The procedure is governed by Article 4 of Chapter 39, Title 58.1, et. seq, of the Code of Virginia. The … Continue reading Guide to Judicial Tax Sales For Examiners & Underwriters in Virginia
Idem Sonans
Article by by Kevin T. Pogoda, Esq. The rule of idem sonans (Latin for “sounding the same”) can be traced back to the 1851 English common law case of R v. Davis,[1] which provided: If two names spelt differently necessarily sound alike, the court may, as matter of law, pronounce them to be idem sonantia; … Continue reading Idem Sonans
TUTE Fall 2025
From the Solution in Search of a Problem Dept. From The Unknown Title Examiner (TUTE) A little-noticed change in Virginia mortgage foreclosure law went into effect July 1, 2024. Because it affects only foreclosures of junior deeds of trust, it’s likely that few agents have encountered it or had to deal with its provisions. [We … Continue reading TUTE Fall 2025
Conversation With the Clerks: Giles County Circuit Court Clerk
The Honorable Sherry Gautier Article by Elaine Cook As a title examiner, I have had the opportunity to visit many different Clerk record rooms, and I have been very impressed with the progress that Giles County has made in making the items needed most available to patrons online. In recognition of Clerk Appreciation Week (May 5-9, … Continue reading Conversation With the Clerks: Giles County Circuit Court Clerk
Issues Involving Railroad Rights-of-Way in Virginia (Mostly) – Part Two
Article by R. Michael Smith This is the second installment of a two-part article that is an expansion of the materials included in the VLTA seminar, The Sound and the Fury: Railroads, Rights-of-Way, and Revesting, and a 2017 Examiner article, Derailed by the Supreme Court. Some sections have remained the same, other sections have been … Continue reading Issues Involving Railroad Rights-of-Way in Virginia (Mostly) – Part Two
Testifying as an Expert Witness as a Title Examiner
Article by Julie Ann Rutledge “Information is not knowledge. The only source of knowledge is experience. You need experience to gain wisdom.” Albert Einstein This quote described my reality upon graduation from University with a BSW, many moons ago. The excitement of graduation was quickly squashed by the lack of available jobs in my field. All … Continue reading Testifying as an Expert Witness as a Title Examiner
Twenty Helpful Title Research Tools Found Outside of the Land Records
Article by Michelle L. Statz & Jerry C. Booth, Jr. Title research is typically associated with examining public land records to confirm ownership and to uncover any outstanding claims or encumbrances against a property. However, there are instances where additional sources and methods, outside of traditional land records, are very helpful in discovering more information … Continue reading Twenty Helpful Title Research Tools Found Outside of the Land Records
EQUITABLE SUBROGATION IN VIRGINIA: THE SEQUEL
Reprinted with permission from the Virginia State Bar In 2001, I wrote an article for the Virginia Land Title Association (VLTA) Examiner simply entitled Equitable Subrogation in Virginia. The article appeared in Volume 7, Number 1, of the VLTA Examiner. Twenty-three years later, this is the sequel. Occasionally, lenders who believe they are secured by … Continue reading EQUITABLE SUBROGATION IN VIRGINIA: THE SEQUEL
Clerk’s Association Message
The Virginia Court Clerks’ Association (VCCA) held its annual convention in September 2024 and installed its Officers for 2024-2025. This year’s President is Kelly Flannagan from the Bristol Circuit Court. Kelly was sworn in as the Virginia Court Clerks’ Association President in September 2024 and will serve in that capacity for the next year. Kelly was appointed … Continue reading Clerk’s Association Message
TUTE Spring 2025
From The Unknown Title Examiner If anyone has any soapboxes not in use, please forward them. TUTE is quickly wearing out his supply. Recently, a friend relayed the following situation (which occurred in another state but the situs is irrelevant to the discussion): Buyer acquired a 1.41 acre vacant lot with the intention of building a … Continue reading TUTE Spring 2025
Conversation With Clerks
Welcome to the first Conversation with Clerks. This conversation is with the Fairfax County Circuit Court, Christopher J. Falcon. Christopher J. Falcon took office on January 3rd, 2024 as the Clerk of the Fairfax County Circuit Court. He previously served as Legal Counsel, Deputy Clerk and Civil Division Supervisor for the Arlington Circuit Court Clerk’s office. … Continue reading Conversation With Clerks
Considering Mineral Rights in Virginia
I. Geographic scope of minerals development in Virginia It is easy to think of mineral rights issues as geographically centered in, if not limited to, southwestern Virginia. But, both historically and in the present day, minerals have been found, claimed, and produced throughout the Commonwealth. Title examiners, agents, and insurers must account not only for … Continue reading Considering Mineral Rights in Virginia
TUTE Fall 2024
The Unknown Title Examiner That scraping noise you hear is TUTE moving a soapbox into position. The rant this month concerns these so-called “contracts for deed.” Really, they are nothing more than installment sales contracts (ISCs), and labeling them “contract for deed” is like calling bull testicles Rocky Mountain Oysters. It doesn’t make either one … Continue reading TUTE Fall 2024
WHEN MARRIAGE MATTERS – Part 2: Various Ways Marital Status Can Affect Title
Read WHEN MARRIAGE MATTERS – Part 1 here. Take the VLTA online course, “When Marriage Matters”, on-demand here: https://www.pathlms.com/vlta/courses/69081 (1-hour of CE, CLE and CCE credits). Conveyances and Creditors Moving beyond the advantages and exceptions to survivorship, all the remaining advantages to a tenancy by the entirety are rooted in the concept of one flesh. … Continue reading WHEN MARRIAGE MATTERS – Part 2: Various Ways Marital Status Can Affect Title
Littoral Rights vs. Riparian Rights
I. Littoral Waters and Riparian Waters A person owning or considering the purchase of waterfront property might be interested to know whether the property includes littoral rights or riparian rights. The starting point is to understand the difference between littoral waters and riparian waters. Littoral refers to a pooled body of water, such as a pond, lake … Continue reading Littoral Rights vs. Riparian Rights
Business Trusts in Virginia: An Overview for Title Insurers
While corporations and limited liability companies are the most common business entities, Virginia also allows for the formation of another type of unincorporated association known as a business trust. These trusts can hold title to real estate and other property just like any other business entity. A business trust is a legal arrangement where the … Continue reading Business Trusts in Virginia: An Overview for Title Insurers
The NAR Settlement, and What It Means to the Title Industry
In March, the National Association of Realtors (NAR) agreed to a $418-million settlement to settle several pending lawsuits alleging that NAR members used business practices that kept commissions artificially high, and drew compensation from the seller for services given to the buyer. Many news outlets, including the New York Times™, Washington Post™, USA Today™, Richmond … Continue reading The NAR Settlement, and What It Means to the Title Industry
WHEN MARRIAGE MATTERS – Part 1: Various Ways Marital Status Can Affect Title
Take the VLTA online course, "When Marriage Matters", on-demand here: https://www.pathlms.com/vlta/courses/69081 (1-hour of CE, CLE and CCE credits). Introduction Marriage matters for many reasons. Just ask anyone, and you are likely to get sundry reasons for why marriage matters: love, security, companionship, children, etc. But pose that same question to someone in the title industry, and you may … Continue reading WHEN MARRIAGE MATTERS – Part 1: Various Ways Marital Status Can Affect Title
Access to Deeds and Land Records in Virginia: A Thirty-Year Perspective Part 3 – Electronic Commerce Solutions
Read part 1 here: Access to Deeds and Land Records in Virginia Part 1 – The Ghost of Title Search Past. Read part 2 here: Access to Deeds and Land Records in Virginia: A Thirty-Year Perspective Part 2 – Digital Conversion is a Game Changer. I appreciate the opportunity to share my perspectives with the … Continue reading Access to Deeds and Land Records in Virginia: A Thirty-Year Perspective Part 3 – Electronic Commerce Solutions
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