Topic :Ask the TITLEMAN™
Ask the TITLEMAN™ - Power of Attorney; Trustees; Community Property
by John T. Lotardo aka TITLEMAN™
Sr. VP/General Counsel, Stewart Title & Trust of Phoenix, Inc.
Q. My boss asked me to handle this one thing and I am not sure it’s okay. You see, it’s with a “durable power of attorney” that the real estate agent sent us for a transaction. I think this may not constitute a legal binding contract, since the attorney in fact who signed the contract […]
Ask the TITLEMAN™ - Cancel Listing; No Will; Judgments
by John T. Lotardo aka TITLEMAN™
Sr. VP/General Counsel, Stewart Title & Trust of Phoenix, Inc.
Q. I have a real estate agent, who called us yesterday and asked us to let everyone know that she has a listing with a certain customer. The customer has asked her to cancel the listing but she won’t. She wants us to notify her if that customer comes in to open an escrow. […]
Ask the TITLEMAN™ - Judgments; Transfer Title; Renunciation of Interest
by John T. Lotardo aka TITLEMAN™
Sr. VP/General Counsel, Stewart Title & Trust of Phoenix, Inc.
Q. Well here is another question for the TITLEMAN. Does the lien of a judgment attach to the real estate acquired by the judgment debtor, after the date of the entry of the judgment (i.e. do judgments attach to future acquire property)? A. Yes, Arizona judgments that record in the County records become […]
Ask the TITLEMAN™ - Affidavit Terminating Rights; Power of Attorney; Title Insurance License
by John T. Lotardo aka TITLEMAN™
Sr. VP/General Counsel, Stewart Title & Trust of Phoenix, Inc.
Q. Is there something in the statutes that covers this? We have received mixed information that in order to properly remove a deceased person from the property you have to record the “death certificate” along with a copy of the deed, while we have also been told that all that is needed is to […]
Ask the TITLEMAN™ - Disclaimer Deed; Legal Problems; Leases
by John T. Lotardo aka TITLEMAN™
Sr. VP/General Counsel, Stewart Title & Trust of Phoenix, Inc.
Q. I have a question in regards to disclaimer deeds. We have a lender who is requiring a new disclaimer deed signed by a spouse even though the spouse signed one in 1997. Since then, the spouse has had no reason to sign a new one - has not signed or joined […]
Ask the TITLEMAN™ - Disclaimer Deeds; Legal Description; Tax Values
by John T. Lotardo aka TITLEMAN™
Sr. VP/General Counsel, Stewart Title & Trust of Phoenix, Inc.
Q. A good friend brought a recent column to my attention. The question was from a woman who had signed a Disclaimer Deed on her family home and now was facing divorce and potentially nothing in the settlement. She referred to herself as stupid, as I have so many times in my similar plight. […]
Ask the TITLEMAN™ - Escrow License; Notary Duties; Legal Guardian
by John T. Lotardo aka TITLEMAN™
Sr. VP/General Counsel, Stewart Title & Trust of Phoenix, Inc.
Q. I am getting conflicting information, and I was told that you are the authority on such things. Can you please tell me the requirements for an escrow agent in Arizona? Specifically, so we need to have each individual agent as well as getting the company licensed? A. Thanks for your question. I understand […]
Ask the TITLEMAN™ - Trusts; Divorce; Access to Property
by John T. Lotardo aka TITLEMAN™
Sr. VP/General Counsel, Stewart Title & Trust of Phoenix, Inc.
Q. I have some questions regarding properties held by a trust. We normally require a copy of the trust to see who the trustee(s) is/are and what powers the trustee(s) has/have. We’re running into a borrower now who is very hesitant in giving us a copy of his trust. We’re thinking in […]
Ask the TITLEMAN™ - Types of Liens; Adverse Possession
by John T. Lotardo aka TITLEMAN™
Sr. VP/General Counsel, Stewart Title & Trust of Phoenix, Inc.
Q. I have a question. How can I find a list or lists of every type of lien or judgment than can be put on property? There are probably many. A. Your question is more complex than you may think. There are many types of liens that can attach to real estate. The two […]
Ask the TITLEMAN™ - Unsigned Deed; Title/Escrow Regulators; Escrow Training
by John T. Lotardo aka TITLEMAN™
Sr. VP/General Counsel, Stewart Title & Trust of Phoenix, Inc.
Q. I was just having a discussion with my coworker and wanted to clarify something. If someone types a Deed to a husband and wife and shows it as “Community Property with Right of Survivorship” in the buying part of the Deed but they (the buying husband and wife) do not sign accepting it […]