Chuck Bishop | Vice President, Senior Title Officer
California Title Company | San Diego
Q: We have been asked to complete a “Statement of Facts” with a lot of personal information. Is this really necessary on our Real Estate transaction?
A. The Title Company makes every effort to identity know risks which may affect your property. We accomplish this by researching those “Official Records” which affect Real Estate. In this way we identify liens, Loans, Conditions, Restriction and many other matters which affect title to the property. However many of these records do not describe the property, but may still impose liens against the land. This group includes judgments, tax liens, bankruptcies and other documents. These are often filed against people with the same or similar names to our parties. The information you provide in the Statement of Facts are personal in nature. But checking social security numbers, date of birth and other information you provide may be the only way to distinguish you from the other people named in these documents. A property completed Statement of Fact will allow us to provide fast, safe and efficient service on your transaction. Further, this form is kept confidential and is used for Title Company purposes only.
#CTCM: CAL TITLE CRUSH MONTHLY
For March, we are proud to introduce out of our Orange County office:
Manny Manuel is the current Title Officer and Assistant Vice President of California Title Company of Orange County and has been with California Title Company since 2002. Manny has over 20 years of experience in the title industry, starting when he was 16 as a document printer for Fidelity National Title and has worked his way up to his current position. While working in the Customer Service Department at Orange Coast Title, Manny attended Rio Hondo College in Whittier, where he obtained an Associates of Science in Administrative Justice. He then transferred to Cal State of Long Beach and majored in Sociology and minored in Information Systems. Manny has been trained and mentored by Dave Turnbow for the last 12 years and has given Manny the tools and knowledge to be the Title Officer he is today. Manny is happily married with 4 children.
Manny Manuel | Assistant Vice President, Title Officer
California Title Company | Orange County
Q: What should one do when encountering a recently recorded release of a mortgage with no new mortgage of record? There is an old adage that says “Prevention is the Best Medicine.”
A: To that end, in order to prevent problems, it is always a best practice to do the following when one encounters a recently recorded release or satisfaction of a mortgage with no new mortgage recorded: One should not rely on contact information for the lender provided by an owner/borrower and should independently verify with the lender that the mortgage has been paid off.
• If provided with a letter from a lender at closing which states that the mortgage has been paid, Title must independently verify the status of the mortgage with the lender.
• When a recorded release or satisfaction of mortgage in the chain of title that looks suspicious Title must independently verify the status of the mortgage with the lender.
It is important the all parties agents, escrow and title work together on this issue. We are seeing more and more wherein the homeowners are paying off the loans but no reconveyance is recorded. And believe it or not there is opportunity for Fraud when dealing with recently paid off loans prior to their term date and is becoming somewhat common throughout the U.S.
Bill Thomas, V.P, Sr. Title Officer | California Title Company | Los Angeles
Q: Is a court order always required in a probate sale?
A. Not always. Another form of a sale out of a probate Estate, is a sale under the Independent, Administration of Estates Act, commonly known as the IAEA. This allows a probate to be handled by an executor without the full supervision of the Courts. Of course, it must be granted by the Courts first. Once it is granted there are guidelines to follow still. However, a Court Order is not required on the sale of a property. One of the advantages of the IAEA with full authority being granted by the courts, is that instead of a Court Order being required to approve the sale, a notice to all the heirs of the transaction is required. The Heirs have a certain amount of days to consent to the sale. If all the heirs, to the Estate, consent or they do not object to the transaction and the time frame allotted by the Courts to object has expired, the sale may move on. For further questions, please contact your Title Professional.