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
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
Access to Deeds and Land Records in Virginia Part 1 – The Ghost of Title Search Past
As we enter the holiday season in 2023, several versions or adaptations of the famous Charles Dickens’ 1843 novel, A Christmas Carol, broadcast on television or various streaming channels. As we approach the end of 2023, the Ghost of Title Searches Past has visited me and I recall the process for completing title searches in circuit … Continue reading Access to Deeds and Land Records in Virginia Part 1 – The Ghost of Title Search Past
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
The Claims Corner: Trespass and Nuisance
While the Homeowner’s Policy provides expansive coverage, it still does not cover every problem that may arise with a property. In particular, it does not provide coverage for use of the property that is found to constitute either a trespass on or a nuisance to a neighboring property. The following provides an example of this: … Continue reading The Claims Corner: Trespass and Nuisance
TUTE Fall 2023
The Unknown Title Examiner House Bill 2184 added §§ 55.1-3100, et seq., to the Code of Virginia, allowing settlement agents to release a judgment lien against property if the notice proscribed therein was given to the judgment creditor: § 55.1-3101. Release of judgment lien by settlement agent; notice to lien creditor. A. A settlement agent … Continue reading TUTE Fall 2023
Tax Sales in Virginia – Part One of Two
Virginia local governments maintain revenues primarily through various types of tax assessments. Typically, the largest source of funds for a local government is generated through real estate tax assessments and levies. Funds are also raised through personal property, business license, transient occupancy taxes and other forms of revenue. This article will concentrate on real estate … Continue reading Tax Sales in Virginia – Part One of Two
TUTE Spring 2023
The Unknown Title Examiner Baby title examiners are taught that no two titles are alike, and there’s no such thing as a perfect title. Even so, in the crush of business, it’s easy to overlook red flags that ought to put the examiner on notice to look deeper into the title. Here are a couple of … Continue reading TUTE Spring 2023
Underwriter, Oh the Many Meanings of the Word!
When you say “your underwriter,” do you mean the company for which you are an agent or do you mean the person that prepares your title insurance commitments and policies? (Let’s not even talk about the lender’s underwriter!) It feels as though this term is thrown around a lot these days and results in confusion. … Continue reading Underwriter, Oh the Many Meanings of the Word!
The Claims Process
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
Heirs’ Property from a Title Insurance Perspective
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