Do you consider a title policy a public record?

[Mark K]

A title policy is not public record. However, it is evidence that the public record may have been changed recently.

Agree, however in the OP's case, the recorded deed/title work still shows the deceased owner as the OOR, which is typical. However, since the OOR no longer exists (since he/she is dead) ownership automatically passes to "The Estate of....". The tile work won't show that the OOR is now deceased but it is up to the title company to have a lot of documents to prove title and who is authorized to disperse the assets of the estate.

To me, its no different when a corporation buys/sells a property. The document(s) signer is authorized agent for the corp. Appraises don't need corporate by-laws or corporate resolutions to appraise the real estate. In the OP's case, the signer is the Executor of the Estate. Some seem to want to make this a lot more difficult than it really is. Appraisers don't need trust documents, wills, death certificates, etc...the title company needs these documents prior to closing since they are responsible for insuring the chain of title.

In this state, and in about a dozen other states, we have Transfer on Death Deeds. When my wife and I die, the ownership automatically transfers to my two kids, no probate, no executor, no nothing other than when/if time comes and they chose to sell it, they sign a survivorship affidavit attesting to ownership due to my/our death on xxxxxx date. That's it. Great way to avoid lawyers and/or probate but a lot of states don't allow it; too many lawyers that don't want to miss out on some outrageous fees for doing next to nothing.

 

[Mark K]

A title policy is not public record. However, it is evidence that the public record may have been changed recently.

Agree, however in the OP's case, the recorded deed/title work still shows the deceased owner as the OOR, which is typical. However, since the OOR no longer exists (since he/she is dead) ownership automatically passes to "The Estate of....". The tile work won't show that the OOR is now deceased but it is up to the title company to have a lot of documents to prove title and who is authorized to disperse the assets of the estate.

To me, its no different when a corporation buys/sells a property. The document(s) signer is authorized agent for the corp. Appraises don't need corporate by-laws or corporate resolutions to appraise the real estate. In the OP's case, the signer is the Executor of the Estate. Some seem to want to make this a lot more difficult than it really is. Appraisers don't need trust documents, wills, death certificates, etc...the title company needs these documents prior to closing since they are responsible for insuring the chain of title.

In this state, and in about a dozen other states, we have Transfer on Death Deeds. When my wife and I die, the ownership automatically transfers to my two kids, no probate, no executor, no nothing other than when/if time comes and they chose to sell it, they sign a survivorship affidavit attesting to ownership due to my/our death on xxxxxx date. That's it. Great way to avoid lawyers and/or probate but a lot of states don't allow it; too many lawyers that don't want to miss out on some outrageous fees for doing next to nothing.

 

[Dublin ohio]

Agree, however in the OP's case, the recorded deed/title work still shows the deceased owner as the OOR, which is typical. However, since the OOR no longer exists (since he/she is dead) ownership automatically passes to "The Estate of....". The tile work won't show that the OOR is now deceased but it is up to the title company to have a lot of documents to prove title and who is authorized to disperse the assets of the estate.

But the op also states that the purchase contract was signed by the deceased. How do you reconcile that

 

[Mark K]

But the op also states that the purchase contract was signed by the deceased. How do you reconcile that

That would be an interesting turn of events but don't find that statement in the post.

 

[Zoe]

I ask this because I had a SAR ask me the change the owner of public record. Their title policy had a very long owner name "Xxxxx Xxxxxxx Xxxxxx, indepdendent executor of the estate of Xxxx Xxxx Xxxxxx, deceased per title.

They wanted me to put that on the owner of public record line. It does fit first of all. Second of all, the sales contract stated the owner name was Xxxx X Xxxxxx and the tax records indicated the owner of record as Xxxx X Xxxxxx, so that is what I had on the appraisal report for owner of public record.

Then I asked MSN copilot:


Copilot Answer



Not public records
https://www.bing.com/ck/a?!&&p=c6b3...jeSBjb25zaWRlcmVkIGEgcHVibGljIHJlY29yZA&ntb=1
Title insurance policies are not public records. They are a one-time premium paid at closing to provide protection to property owners and their heirs for as long as they own the property. The title insurance policy is based on an examination of public records to determine and confirm legal ownership and to ensure that no defects or conflicts could negatively affect the homeowner in the future. However, the details of individual title insurance policies are not publicly accessible.
https://www.bing.com/ck/a?!&&p=018a...yY2VzL3doYXQtaXMtdGl0bGUtaW5zdXJhbmNlLw&ntb=1
Am I just being my usual jerk appraiser by telling them that what I have as the owner of public record is correct. I told them I would gladly change it when they had the sales contract changed and the tax records changed.

Short answer. I appraise real property rights.

 

[Zoe]

Okay. That is it. End of story on my appraisal.

 

[Dublin ohio]

That would be an interesting turn of events but don't find that statement in the post.

I ask this because I had a SAR ask me the change the owner of public record. Their title policy had a very long owner name "Xxxxx Xxxxxxx Xxxxxx, indepdendent executor of the estate of Xxxx Xxxx Xxxxxx, deceased per title.

They wanted me to put that on the owner of public record line. It does fit first of all. Second of all, the sales contract stated the owner name was Xxxx X Xxxxxx, and the tax records indicated the owner of record as Xxxx X Xxxxxx, so that is what I had on the appraisal report for owner of public record.

I may have misinterpreted. Need the OP to clarify the various names. Are Xxxx Xxxx Xxxxxx and Xxxx X Xxxxxx the same with just the middle name spelled out in the first instance

 

[Mark K]

I may have misinterpreted. Need the OP to clarify the various names. Are Xxxx Xxxx Xxxxxx and Xxxx X Xxxxxx the same with just the middle name spelled out in the first instance

That would be helpful, unless of course Xxxxxxx is the actual name of a foreigner or maybe an adult movie (****) star.

Edit: seems strange that the site censors the word ****. You know, rhymes with corn, starts with a 'p'.

 

[Vermonter]

Owner of public is what's listed in public records on the effective date. A title report is not public record.

That being said the transfer to the heir can be recorded somewhere you don't normally check for owner details (like tax records) and it is possible to miss. Around here if a tax bill goes out right before a transfer, that new owner won't be reflected until the following year.

 

[Tim Hicks (Texas)]

That would be an interesting turn of events but don't find that statement in the post.

I have a feeling somebody just signed their name thinking it was okay.