Title Tidbits

Q Title is vested in the trustee of a trust. He can’t make it to the closing and wants to use a Power of Attorney to authorize his sister to sign everything. Will that be acceptable?

QUESTION: Title is vested in the trustee of a trust. He can’t make it to the closing and wants to use a Power of Attorney to authorize his sister to sign everything. Will that be acceptable? ANSWER:     No.   It is generally unacceptable for a fiduciary to delegate his or her powers or […]

Title Tidbits

Q We are being asked to insure a title where there is an active mortgage foreclosure. The final judgment has been entered but the Sheriff’s Sale has not yet occurred. Are there any special requirements?

As always, feel free to address any questions to a member of our staff.   ALLSTATE Title Agency is a full service Title Insurance Company serving Ocean County, NJ and surrounding areas. ALLSTATE TITLE AGENCY      609-489-0442 Question:  We are being asked to insure a title where there is an active mortgage foreclosure.  The final judgment has been entered but […]

Title Tidbits

Q Title to a single family residence is vested in a married woman individually. Does her husband have to sign the deed?

Probably.   New Jersey law gives the non-vested spouse the right of joint possession in the principal matrimonial residence. (NJSA 3B:28-3) Among other things, the vested spouse cannot mortgage or convey the principal matrimonial residence without involving the non-vested spouse.   Determining whether the land in question is the principal matrimonial residence is the first […]

Title Tidbits

Q. The land in question was tidelands claimed however the State had issued a grant to a prior owner. The description in the deed from the seller to our proposed insured only covers the upland; the property covered by the grant is not included in the description. Does the grant area automatically pass with the deed to the upland?

TITLE TRIDbits May 2014 Q. The land in question was tidelands claimed however the State had issued a grant to a prior owner. The description in the deed from the seller to our proposed insured only covers the upland; the property covered by the grant is not included in the description. Does the grant area […]