Minor Child

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Do You Know….

Exam Stress left

 

In a transaction involving a minor, which of the following would suffice for insuring title to real property owned by the minor child, being sold to a third party?

 

1.  Obtain the signature of the natural guardian(s) on the deed, assuming the equity of the minor does not exceed $15,000.00.
2.  Record an Order Removing Minority, showing the minor has been emancipated, and obtain the signature of the minor.
3.  Record a marriage certificate showing the minor is or was a married person and obtain the signature of the minor.
4.  Obtain the signature of the Plenary Guardian of the incapacitated person.

 

a. 1
b. 1, 2
c. 1, 2, 3
d. 2, 3, 4

 

The answer is: c.

Note: No legal advice or suggestions are being given.

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Power of Attorneys

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Powers of Attorney

Florida Uniform Title Standards govern how title agencies and their Underwriters assess marketable title. Too often when we are provided with a Power of Attorney for a real estate transaction, it has broad, general language and does not contain the specific powers needed to insure the type of transaction.

A gives to B a power of attorney authorizing B “to generally act for me and in my name, place and stead, in any state and in relation to all matters, to do any and all things and to execute any and all instruments which I might or could do if personally present.” Does B have the authority to convey land owned by A? No.

If a Power of Attorney is necessary to accomplish a real estate transaction, the document must reflect the powers being conveyed such as the authority to sell, convey or mortgage.

Note: No legal advice or suggestion is being given. Present a copy of the Power of Attorney for underwriting review as early as possible. The above is an excerpt only from the Florida Uniform Title Standards.

 

Real Estate Contract Names

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WHAT IS THE IMPORTANCE OF A NAME?

Real Estate Contract

 

To assist with avoiding delays with closings, consideration should be given for consistency of name spelling and vesting choices for the real estate transaction.

A buyer changes the way they want to take title to the property-this can result in the need for a last minute addendum, a new title search of the name change (liens in the Buyer’s name can attach to the property as well as compliance with the Patriot Act), a short sale being postponed if the approval was for a different name variation such as an individual verses a Trust.

A misspelled name –can cause issues for the Buyer upon a resale or refinance of the property. It can also cause issues for any loan documents in conjunction with the purchase of the property. Contracts that have been faxed may cause errors due to lack of legibility which can offend clients.

Uniformity of names-use proper legal names to avoid inconsistency with Robert verses “Bob”, use of middle initials to be consistent with loan documentation assures smooth closings without the need for aka’s or “also known as” and dual signatures required.

Note: No legal advice or suggestions are being given as to the preferred or recommended way to handle. Please call us if you have any questions on the above matter.

 

Vesting or Taking Title on Deeds

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naples-florida_title_deed_insurance

Multiple Party Deed

A few ways in which more than one party may hold title are as follows:

Tenants by the Entirety:  Only a husband and wife may hold title in this manner.  Provided the couple remains continuously married, the surviving spouse becomes the 100% owner of the property upon the death of their spouse.

Tenants in Common:  Title can be held by two or more individuals or legal entities in equal or unequal percentages.  Upon the death of one of the owners, their interest passes under the term of their will and not automatically to the other people with whom they are in title.

Joint Tenants with Rights of Survivorship:  Title must be held in equal interests (ie:  50/50 or 25/25/25/25) by individuals.  Title passes automatically to the co-owners upon the death of any owner.

Life Estate with Remainder Interest:  Title passes automatically to the holder of the remainder interest upon the death of the holder of the life estate interest.

Note:  No legal advice or suggestions are being given as to the preferable or recommended way to hold title.  Consult with an attorney prior to deciding how to hold title.  The above is an excerpt only from an Underwriting Manual.