Topic :Ask the TITLEMAN™
Ask the TITLEMAN™ - Judgment Attachments; Transfer Upon Death; After Bankruptcy
by John T. Lotardo aka TITLEMAN™
Sr. VP/General Counsel, Stewart Title & Trust of Phoenix, Inc.
Q. 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? In other words, do judgments attach to future acquired property? A. Yes, judgments that record in the County Records become “Judgment Liens” on existing and future acquired real property of […]
Ask the TITLEMAN™ - Divorce Decree Omission; Partner’s Rights
by John T. Lotardo aka TITLEMAN™
Sr. VP/General Counsel, Stewart Title & Trust of Phoenix, Inc.
Q. I was previously married but was divorced in 1995. Unknown to me, my ex-husband had purchased a piece of property from his sister. Of course, it was not a part of the divorce decree. My ex-husband died in 2004 and neither my sons nor myself found out about this property until […]
Ask the TITLEMAN™ - Sales Price Change; Disclaimer Deed
by John T. Lotardo aka TITLEMAN™
Sr. VP/General Counsel, Stewart Title & Trust of Phoenix, Inc.
Q. I wanted to run something past you. My husband and I recently put an offer in on a house (full price offer). The sellers wanted to do a lease back for 36 days, which we agreed to do at no charge to them. We gave an earnest money deposit of $5000.00, which […]
Ask the TITLEMAN™ - Bankruptcy/Judgment; Easement;
by John T. Lotardo aka TITLEMAN™
Sr. VP/General Counsel, Stewart Title & Trust of Phoenix, Inc.
Q. I am pleased to have found your column and have enjoyed reading it. I work in the title clearance field and have done so for about 4 years. My company issues title commitments. My question is about bankruptcies. Specifically, if a money judgment filed by a creditor is among the creditors listed in the […]
Ask the TITLEMAN™ - Altered Warranty Deed; Patriot Act; HOA Authority
by John T. Lotardo aka TITLEMAN™
Sr. VP/General Counsel, Stewart Title & Trust of Phoenix, Inc.
Q. Have you ever heard of a title company altering a warranty deed for any reason without the guarantor’s consent? My husband bought and sold the property adjacent to ours. When the warranty deed was executed, the legal description was changed such that an easement across our driveway for “roadway purposes” was extinguished. The easement […]
Ask the TITLEMAN™ - Separated Couple; Estate Taxes; Trust
by John T. Lotardo aka TITLEMAN™
Sr. VP/General Counsel, Stewart Title & Trust of Phoenix, Inc.
Q. I am doing a FHA streamline refi for a husband in AZ. He never bothered to divorce his wife (they have been legally separated 11 years and have not lived together even longer) She had to disclaim her interest 6 months ago in a property when he purchased it. Does she have to “re-disclaim” […]
Ask the TITLEMAN™ - Deed to Minor; Beneficiary Deed
by John T. Lotardo aka TITLEMAN™
Sr. VP/General Counsel, Stewart Title & Trust of Phoenix, Inc.
Q. My sister-in-law married a man from Canada, had a child and then divorced him and moved back to California. Their son has duel citizenship and is a teenager now. She is terminally ill, but she owns a small condo. It was decided that her son need not be present in the final days before […]
Ask the TITLEMAN™ - Small Estate Affidavit; Inaccurate Addresses
by John T. Lotardo aka TITLEMAN™
Sr. VP/General Counsel, Stewart Title & Trust of Phoenix, Inc.
Q. I read some of your postings and thought you might be able to answer a question I have. My husband passed away 3 weeks ago. We have 2 houses. The house I intend to keep was titled on the Warranty Deed (this is Indiana) with our names listed as last name, husband’s first name […]
Ask the TITLEMAN™ - Small Estate Affidavit; Military Power of Attorney
by John T. Lotardo aka TITLEMAN™
Sr. VP/General Counsel, Stewart Title & Trust of Phoenix, Inc.
Q. I read some of your postings and thought you might be able to answer a question I have. My husband passed away 3 weeks ago. We have 2 houses. The house I intend to keep was titled on a Warranty Deed with our names but there is no reference to any rights of survivorship, […]
Ask the TITLEMAN™ - Legal Separation; Beneficiary Deed
by John T. Lotardo aka TITLEMAN™
Sr. VP/General Counsel, Stewart Title & Trust of Phoenix, Inc.
Q. I am trying to purchase a home while going through the process of getting a legal separation. I have used my husband’s income, along with mine, to get prequalified for the home, and my husband will/might be listed as a co-buyer on the home. If we do a quit-claim deed, will he […]