2009 State-by-State Title Examination Standards Comparison Project

Transcription

1 2009 State-by-State Title Examination Standards Comparison Project Introduction Welcome to the 2009 State-by-State Title Examination Standards Comparison Project. This project was completed during the summer of 2009 by Keith Epperson under the supervision of Kraettli Q. Epperson and funded by the Oklahoma Bar Association Real Property Law Section. The results were obtained by analyzing the Title Standards of the 9 active states (updated in 2003 or later) as collected by the 2008 Title Examination Standards Resource Center Annual 50-State Survey and comparing them to those of Michigan. Michigan was chosen because it has more standards than any other state. If Michigan did not have a standard or chapter focusing on an issue, the new topic name was put in the left-hand column with a note as to the state from which it originated. With the exceptions of Massachusetts and Minnesota, the only comparison that has been made at this point involves the chapter names of the standards. The Title Standards of Massachusetts and Minnesota are not organized by chapter. As a result, their standard names were compared to the chapter names of Michigan (and other states). While an initial analysis has been completed, it is up to you to verify that the results are correct. Your job is to double-check the tentative conclusions I have reached regarding your particular state s Title Standards compared to the Title Standards of Michigan, as well as the other active states. The most recent results of this comparison project can be found on-line at: If you have any questions or suggestions about the project, feel free to contact me at Kwe@Meehoge.com. Sincerely, Keith Epperson Ch # Topic CO CT FL GA IA KS ME MA* MN* NE ND OH OK RI SD TX VT Total Number of Title Standards Chapters (From Michigan Title The Marketable Record Title Act Names 6, Execution, 3 Acknowledgment and Recording of -- 9, , 46 44, , Dower Homestead Joint Tenancy and Tenancy by the Entireties , 62, 66 3, 4, 5, 6, by Estate Fiduciaries 7 and Title Derived from Estates of Decedents , , 5, 9, 4, 6, App. II

2 8 by and to Trustees , 33, 45, 68 48, 06 7, 4, Future Interests 0 Corporate , 8, Partnership Land Contracts Recorded Plats Easements Mineral Interests Mortgages and Mortgage Foreclosures , 42, 48, 56, 58, 65 36, 58, 99, 03, 04, 6, 7, Construction Liens Writs of 8 Attachment 9 Executions Federal Tax Liens , 54 82, 0 7, 9, State Tax Liens , Tax Titles Descriptions Title to 24 Submerged Lands Profit à Prendre 26 Bankruptcy , Leases Condominiums (From Colorado Title Title Examination: Generally, 2 --, , App. I -- 2, 2 A, 2 Actions and 2 (Including Lis Pendens) 2 5, , , 0, 2, App. II Conveyancing -- general , 87, 89 2, 3, 4, 5, 9, 0, 3, , 4 4 Conveyancing from Public Officials 5 Capacity to Convey Releases , 6, 7, Descendents' Estates , App. II Conservatoriship Soldiers' and , App. II

3 5 Sailors' Civil Relief Act of (From Connecticut Title 4 The Alteration and Correction of Recorded Documents 6 Grantors Grantees Co-Tenancies , 4, 5, 6, Attachments and 6 Judgment Liens , Mechanic's Liens to 22 and from Limited Liability Companies 25 The Federal Special Estate Tax Lien The Federal Gift 26 Tax Lien , 9, Marketability of Title of Interests 28 in Real Property Transferred from Failed Financial Institutions (From Florida Title Agency and Powers of Attorney , Judgments and Mortgages , 7, Trusts , , 4, Recording, 6 Notice, and Priorities Marital Property , 4, 5, (From Georgia Title 6 Affidavits and Recitals , Limited Partnerships General Partnerships Deeds to Secure , 37,

4 4 Debt (Security Deeds) Mechanics' and 5 Materialmen's Liens Foreclosures , Transactions 8 Under Federal Truth-in-Lending and Regulation Z Memorandum of 20 Lease or Contract Land Registration Environmental Issues Surveys Real Property 28 Forfeiture Assessments for 30 Governmental Improvements and Services Commercial Real Estate Brokers' Liens RTC Title Issues Zoning Federal Statutes 35 Which Do Not Affect Title 36 State (Georgia) Statutes Which Do Not Affect Title 37 Condemnations-- The Right of Eminent Domain Easement Title 38 Issues Quiet Title Actions (From Iowa Title Abstracts Political Subdivisions Private Corporations 4 Deeds and Contracts , Judicial , Probate , , 9, 4, App. II Statutes of Limitations and Marketable Title Legislation , (From Kansas Title

5 Deeds from Fiduciaries and Minors Deeds--County Clerk Tax Deeds or Judicial Tax Foreclosure Divorces and Domestic Judgments Guardianship or Conservatorship State Inheritance and Federal Estate Taxes Judgments and Mechanics' Liens , 9, , 6, App. II , 9, , Marital Status , 44, 65 3, 5, Partition Probate 9 (cont.) , 9, 4, App. II Determination of Descent 20 Rights of Way, Abandonment and Vacation (From Maine Title 3 Instruments Municipal Taxation (From Massachusetts Title Standards*) 2 Old Age Assistance Liens Water Liens Executor's Power 0 of Sale , App. II Foreign Transfers Corporate Tax 7 Liens Municipal Liens Municipal Lien 9 Certificates Lev of Execution 20 of Sale Scriveners' Errors Municipal Betterments

6 24 State (Massachusetts) Estate Tax Liens Exercise of Power 39 of Appointment Transfers by 40 Devisees List of Heirs Dissolution of 49 Attachments Pretermitted Issue Transfers 5 Involving the Commonwealth Extensions of 52 Restrictions Private Restrictions State (Massachusetts) 6 Estate Tax Liens with Respect to Transfers 66 Transfers by Non- Profit Corporations Certificates Pursuant to M.G.L. c. 83A, 6(d) Evidence of Death of Deceased Joint Owners and Life Tenants , (From Minnesota Title * 7 Non-Joiner of Spouse , 6, , Patents , Expired Forfeiture 9 Provisions Affidavits and 22 Recitals Wills , App. II Decree of 24 Distribution , App. II , Contract for Deed , Cancellation of a 27 Contract Taxpayer Identity Articles of 33 Incorporation a From Religious a

7 Corporation Deed by Owner of 34 Fee and Mortgage Foreclosure 38 Advertisement Irregularities Satisfaction of Mortgagees or Assignees Date Variances Tax Sales , Omission of 49 Notarial Expiration Date 50 Judgments in Mechanic's Lien and Mortgage Foreclosures , Marriage of a 5 Minor Contract for Deed 52 to Individual Grantee Conduit Deeds Abstract-Reports of Powers of Sale Judgment Quieting Title Vacated Streets 57 and Alleys Amended 50 Year 60 Standard Year Standard Corporate Seal-- 63 Effect of Improper Form Racial Restrictions Gift and Death 69 Tax Liens , 9, Publication in 7 Title Action Sale Contract, 72 Effect on Joint , Tenancy 77 Stranger Appearing in Notice of Mechanic's Lien Effect of Certain 8 Joinders in Plats and Declarations 82 Required Searches Disposition of Respondent's 84 Interest in Real Property Decrees of 84a, Divorce or a,

8 92 Dissolution of Marriage Non-Identity of 85 Tax Lien , Constructive Notice , Townhouses Judgment and 90 Tax Liens Against Contract Vendors , Recital of 9 Restrictions Validity of 9a Covenants a Dimension of 97 Auditor's Subdivision Lot Stay Instructions Alien's, Interest in 00 Land Cancellation of a 05 Contract for Deed Attorney's Liens Payment of 08 Mortgage Registration to Attorneys-In-Fact for Gifts by 2 a Minor's Guardian 3 Mortgage Satisfaction Probate Liens (From Nebraska Title 2 Subdivisions and Zoning Entities (From North Dakota Title Source of Title and Title Transfers (From Ohio Title Reference to Title Standards in Contracts for Sale or Purchase of Land

9 4 Encumbrances Process-Service (From Oklahoma Title Judgments, Execution, and Attachment Simplification of Land Titles Act Federal Nonjudicial Mortgage Foreclosure , , (From South Dakota Title Tribal Lands Delivery Water Issues Covenants Liens--general , 9, Errors or 6 Omissions of Dates (From Texas Title 7 Involving Partnerships, Joint Ventures, and Un- Incorporated Associations , 8, (From Vermont Title Limitations on the Use by Grantor of Corrective Deeds Presumptions Applicable to Corporate Federal General Tax Lien , 9, *-Numbers listed are that of the Title Standards, not Chapters