So what sort of checklists does it make sense for an examiner to maintain? A few come to mind, as I have seen them in use already. If you don’t have one (or more) ask a friend you may have ridiculed in the past as being “way too form driven.” (Hopefully that was not to their face, and your friendship remains intact) Abstract forms for various instruments regularly encountered (deed, deed of trust, lease, easement, restrictive covenants) (requiring the identification of salient features of the instrument, such as date, parties, date recorded, and contents) Chains of title, with columns for dates of examination and types of indices examined Adverse conveyance sheets listing the instruments discovered by the review of the index (and the applicability to the property in question)
Pillar #3 – Competence Tute has reminded readers over the years that the Title Examiner is the underwriter of first impression. But how many of us stop to think about what the underwriter is going to do with this precious nugget of data we have gleaned from the rushing rivulets of the golden gorge called the land records? As an example: our adverse conveyance list shows that Dread Pirate Roberts has conveyed property as single, then married, then divorced, then unmarried, and then with no designation at all. Might our underwriter be curious as to whether the original Mrs. Roberts was assigned any of that hard earned booty in the property settlement agreement? Don’t wait to be interrupted six searches later with a follow up question, go look for the divorce suit. Abstract the property settlement agreement. If there isn’t one (Viva Las Vegas!!), and you tell the underwriter that in your
report, you’ve prevented an interruption. If there is, then the underwriter has the answer and won’t call. Sounds like a winwin to me. The same rationale applies for a landowner who departs this mortal coil for an extended stay upon the Heavenly Shores. All sorts of people are interested (mostly creditors and tax collectors) in how the dearly departed plans to pay their bills. By retrieving not only the will and list of heirs (which were part of your chain of title), a review of the probate file, including especially the inventory and annual accountings, might reveal information of intense interest to your underwriter. Like payments to the IRS and State tax collectors. Like a distribution to a particular pour over trust trustee when there were three trusts referenced in the will. Like a challenge to the will? Really, underwriters can be your friend. If you take care of them, they’ll take care of you. They don’t want to interrupt you. They know what it feels like, and how it can totally ruin your concentration. Spread the joy. Be a friend. Be a competent title examiner.
Pillar #4 - Charity Sadly, I suspect this pillar will not catch on in the real world. Look at how many stand-up comics used the line “Trust, but verify” in their routines long after the President who uttered those words departed the line of fire. If one performs the etymological research, they may discover that the root of charity is caritas, which means love. Yes, alms giving is a form of love, but the more active love of doing to and for others as you wish it to be done to you is found universally across cultural boundaries.
Pillar #5 – Caution Let’s all be careful out there.
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