Monday, April 23, 2018

YOUR TITLE INSURANCE POLICY PROTECTS YOU AGAINST POTENTIAL DEFECTS SUCH AS:

1. Forged deeds, mortgages, satisfactions, or releases
2. Deed by person who is insane or mentally incompetent
3. Deed by minor (may be disavowed)
4. Deed from corporation, unauthorized under corporate bylaws
or given under falsified corporate resolution
5. Deed from partnership, unauthorized under
partnership agreement
6. Deed from purported trustee, unauthorized
under trust agreement
7. Deed to or from a “corporation” before incorporation,
or after loss of corporate charter
8. Deed from a legal nonentity (styled, for example, as a
church, charity, or club)
9. Deed by person in a foreign country, vulnerable to challenge
as incompetent, unauthorized, or defective under foreign laws
10. Claims resulting from use of “alias” or fictitious namestyle
by a predecessor in title
11. Deed challenged as being given under fraud, undue
influence, or duress
12. Deed following nonjudicial foreclosure, where required
procedure was not followed
13. Deed affecting land in judicial proceedings (bankruptcy,
receivership, probate, conservatorship, dissolution of
marriage) unauthorized by court
14. Deed following judicial proceedings subject to appeal or
further court order
15. Deed following judicial proceedings where all necessary
parties were not joined
16. Lack of jurisdiction over persons or property in
judicial proceedings
17. Deed signed by mistake (grantor did not know what
was signed)
18. Deed executed under falsified power of attorney
19. Deed executed under expired power of attorney
(death, disability, or insanity of principal)
20. Deed apparently valid, but actually delivered after death
of grantor or grantee, or without consent of grantor
21. Deed affecting property purported to be separate property
of grantor, which is in fact community or jointly owned
property
22. Undisclosed divorce of one who conveys as sole heir of
a deceased former spouse
55. Erroneous or inadequate legal descriptions
56. Deed to land without a right of access to a
public street or road
57. Deed to land with legal access subject to undisclosed
but recorded conditions or restrictions
58. Right of access wiped out by foreclosure on
neighboring land
59. Patent defects in recorded instruments (for example, failure
to attach notarial acknowledgment or a legal description)
60. Defective acknowledgment due to lack of authority of
notary (acknowledgment taken before commission or
after expiration of commission)
61. Forged notarization or witness acknowledgment
62. Deed not properly recorded (wrong county, missing pages
or other contents, or without required payment)
63. Deed from grantor who is claimed to have acquired title
through fraud upon creditors of a prior owner
And extended coverage may be requested to
protect against such additional defects as:
64. Deed to a purchaser from one who has previously sold
or leased the same land to a third party under an
unrecorded contract, where the third party is in
possession of the premises
65. Claimed prescriptive rights, not of record and not
disclosed by survey
66. Physical location of easement (underground pipe or sewer
line) which does not conform with easement of record
67. Deed to land with improvements encroaching upon
land of another
68. Incorrect survey (misstating location, dimensions,
area easements, or improvements upon land)
69. “Mechanics’ lien” claims (securing payment of contractors
and material suppliers for improvements) which may attach
without recorded notice
70. Federal estate or state inheritance tax liens (may attach
without recorded notice)
71. Preexisting violation of subdivision mapping laws
72. Preexisting violation of zoning ordinances
73. Preexisting violation of conditions, covenants, and
restrictions affecting the land
23. Deed affecting property of deceased person,
not joining all heirs
24. Deed following administration of estate of missing person
who later reappears
25. Conveyance by heir or survivor of a joint estate who
murdered the decedent
26. Conveyances and proceedings affecting the rights
of service member protected by the Soldiers and
Sailors Civil Relief Act
27. Conveyance void as in violation of public policy (payment of
gambling debt, payment for contract to commit crime, or
conveyance made in restraint of trade)
28. Deed to land including “wetlands” subject to public trust
(vesting title in government to protect public interest in
navigation, commerce, fishing, and recreation)
29. Deed from government entity, vulnerable to challenge as
unauthorized or unlawful
30. Ineffective release of prior satisfied mortgage due to
acquisition of note by bona-fide purchaser (without notice of
satisfaction)
31. Ineffective release of prior satisfied mortgage due to
bankruptcy of creditor prior to recording of release
(avoiding powers in bankruptcy)
32. Ineffective release of prior mortgage or lien, as fraudulently
obtained by predecessor in title
33. Disputed release of prior mortgage or lien, as given under
mistake or misunderstanding
34. Ineffective subordination agreement causing junior interest
to be reinstated to priority
35. Deed recorded but not properly indexed so as to be
locatable in the land records
36. Undisclosed but recorded federal or state tax lien
37. Undisclosed but recorded judgment or spousal/child
support lien
38. Undisclosed but recorded prior mortgage
39. Undisclosed but recorded notice of pending lawsuit
affecting land
40. Undisclosed but recorded environmental lien
41. Undisclosed but recorded option, or right of first refusal,
to purchase property
42. Undisclosed but recorded covenants or restrictions,
with (or without) rights of reverter
43. Undisclosed but recorded easements (for access, utilities,
drainage, airspace, views) benefiting neighboring land
44. Undisclosed but recorded boundary, party wall,
or setback agreements
45. Errors in tax record (mailing tax bill to wrong party resulting
in tax sale, or crediting payment to wrong property)
46. Erroneous release of tax or assessment liens, which are
later reinstated to the tax rolls
47. Erroneous reports furnished by tax officials (not binding
local government)
48. Special assessments which become liens upon passage
of a law or ordinance, but before recorded notice or
commencement of improvements of which assessment
is made
49. Adverse claim of vendor’s lien
50. Adverse claim of equitable lien
51. Ambiguous covenants or restrictions in ancient documents
52. Misinterpretation of wills, deeds, and other instruments
53. Discovery of will of supposed intestate individual,
after probate
54. Discovery of later will after probate of first will

First American Title Insurance Company makes no express or implied warranty respecting
the information presented and assumes no responsibility for errors or omissions. First
American, the eagle logo, First American Title, and firstam.com are registered trademarks
or trademarks of First American Financial Corporation and/or its affiliates.
AMD: 04/2018