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"legal Description" Phoenix, Az

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Bill -

In CA, typically Lot & Tract, sometimes Lot, Block & Tract does constitute a complete legal description.
 
I always include the legal description from the deed, either scanned or typed and heavily proofread (depending on the length). The assessor typically types a shortened version of the legal description and leaves out important data including parts of the physical description and any information regarding deed restrictions.

The land area is rarely calculated on the deed so I rely on assessors' records for that.

I am more concerned with Fannie Mae's new insistance on providing the dimensions. In the past, if the dimensions were unclear or complicated, I entered 'survey to govern'. Now Fannie says that is not acceptable. Dang!
 
Originally (except for the original thirteen colonies) all land (except what became Indian reservations) belonged to the federal government with some land to the state governments as they were formed. That is specially true for lands involved in the Jefferson Purchase. The section, township, range system was developed to identify those lands. Then when the Homestead Act went into effect--settlers would claim their home steads which were identified by a proportional section of a square mile (section), township and range (distance from the central point in the state) and unless a mining claim, river, location along the extreme north and west of the township and range then government lot numbers would be assigned. That identification became the legal description known today and what every legal description since is based on and is known as the Public Land Survey System. The slang term metes and bounds is used to describe that but technically a metes and bounds legal description is what exists in the original thirteen counties (west 13 chains to the cherry tree, south to the Jone's property, east to the creek, north to the big rock). Eventually an enterprising person would sell some of their land, new legal descriptions for each split would then be filed in the county recorder or clerk or parish office. Some very enterprising souls would decide to create a subdivision. That area would then be surveyed and lots/blocks, etc would be platted out. Then the lot/block, etc would become the legal description for that specific small parcel. Any thing that has NOT been subdivided in the past 200 years is described by a "metes and bounds" legal description. So if you are in an area that has been mostly subdivided you will have legal descriptions similar to this: Lot 12 Block 5 Phase Sunnydale Place, town of Anywhere, Any County, Any state. In your appraisal report you would type Lot 12 Block 5 Phase Sunnydale Place. Some underwriters in the Phoenix area use to insist that MCR # had to be added (which really is not necessary), that represents Maricopa County Recorder plat number, where it was filed in the recorder's records.

The areas that have not been subdivided would have legal descriptions that could be very simply like the Northwest Quarter of the Southwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 21, Township 27 East, Range 9 South of the Gila and Salt River Meridian, Graham County, Arizona. Or you might have a legal description that has been surveyed and goes into great detail with degrees, minutes, seconds, spiral curves, etc, etc, etc, etc. This is the type of legal description I strongly recommend you provide a copy of the recorded document obtained from the county recorder/clerk/parish office or your client (if you attempt to type it--there is room for error). That way you know exactly what you are appraising which might be completely different than what is currently in assessor's records. By the way the proportionate description I quoted above means the property is located 54 miles south, 162 miles east of Phoenix International Raceway southwest of Phoenix (the initial point for every legal description in the state of Arizona is on a hill overlooking the NASCAR track). The recorded plat of each subdivision has a "metes and bounds" description for the boundary.
 
Jo Ann has produced a truly scholarly work concerning legal descriptions. The question this thread is begging is, "What is appropriate for appraisal reporting?" Complete accuracy can never be wrong, but aren't we just supposed to have enough to identify the subject? I too put a disclaimer in the report that the legal description should not be relied upon for use in legal instruments that require an accurate description. Title work and determining the accuracy of legal descriptions are completely different disciplines which require training most appraisers don't have and aren't expected to acquire. I do think its good that we know our own limitations however, and don't offer something as being accurate that may not be. Why is it not sufficient to just disclose your source for the identifying the subject and warn the reader to get his descriptions elsewhere? I.e. THIS IS NOT A TITLE POLICY.
 
The recommendation in some posts to include a copy of the previous or current recorded deed containing the legal description is a great suggestion. However, is it necessary to blank out or remove the parties named in the deed, especially in a full disclosure state such as Arizona?
 
Why would you need to blank out the names on the deed? Many times the legal description is on a page by itself because it is too long to fit on the preprinted deed forms. If it is printed on the preprinted form, then it wouldn't matter, it is actually back up proof of why you type current owner Smith when Smith is on the deed and the lender claimed the owner was Jones. A married woman that has changed her name I type Smith-Jones on the appraisal report if the deed shows Smith and the client says Jones. Or type Jones, Bob and Smith, Susan.

The main point I am attempting to make is that by providing a copy of the legal description--if there are any errors it is not your fault. For example if an appraiser had typed the legal description I quoted above on the URAR attempting to fit it in the space as follows: NW, SW, SW, NE they would describing 640 acres instead of the 2.5 acres that was actually the subject. So if the recorded deed has an error it is the lender/title company problem not the appraisers.
 
The main point I am attempting to make is that by providing a copy of the legal description--if there are any errors it is not your fault.

This is why I always use the assessor's information, unless a long legal has been provided to me by the client. Sometimes the legal is attached to the affidavit of value, which I will also use.

What's available to me through public records (unless otherwise provided) is the most reliable information, IMO. If the assessor's wrong, a reviewer will be able to see that's where the error is from.

I do my best to provide the most current and correct information available through the normal course of business. If it's a simple lot/block/subdivision legal description it seems like overkill to track down a deed.
 
In my opinon, for any type of legal which cannot be reliably shown by a lot and block description, the assessors office is only a short cut. It does not cover the multitude of times when the assessors office clerk has misread the legal and put in some erroneus brief legal.

They really don't care as long as they don't have any trouble collecting the taxes. At the same time, the title company, the attorney, the broker for the buyer or seller don't care either as long as no one looks and really checks out the legal to see if it actually covers what is being transferred.

They all just parrot what was on the last deed. They typically really get upset if you go in and point out their errrors. "Well, that is what it was on the last deed" or 'It has always been that way". I believe that the appraiser who is the only in te food chain who has an oportunity to look at the property and the legal and, I think is responsible for appraising what is actually tranferring, should make a really good effort to ascertain if the legal is correct.

I always do, and I report what I find. The attorneys, the title companies and especially the closing agents, are not always happy, but I have done what I agreed to do.

I know that I have appriased the property that is described in the legal, or at least reported any apparent errors to some one who can straighten it out.

Wayne Tomlinson
 
Originally posted by Rae Saunders@Jan 2 2006, 10:21 AM

This is why I always use the assessor's information, unless a long legal has been provided to me by the client. Sometimes the legal is attached to the affidavit of value, which I will also use.

What's available to me through public records (unless otherwise provided) is the most reliable information, IMO. If the assessor's wrong, a reviewer will be able to see that's where the error is from.

I do my best to provide the most current and correct information available through the normal course of business. If it's a simple lot/block/subdivision legal description it seems like overkill to track down a deed.
Encountered a somewhat similar deal one of the other appraisers in the office was struggling with last week. The order was referenced as a refi, which would ordinarily indicate the borrower was the owner or at least a tenant (lenders think tenant purchases are refi's for some reason). However the assessor's record said the owner was some partnership that didn't include the borrower. The client insisted that was simply incorrect and the owner on the report should be changed to the borrower, because, after all, it was a refi. So did a little clerk and recorder research and sure enough the owner was no longer the partnership as of two days preceding the order, but now the owner is a bank who also is not the borrower.

Point is the assessor is not the only public record folks and if the recorder has it different you can know it. If the recorder and the assessor are different I definitely recommend siding with the recorder. Like Jo Ann pointed out, the more we write the greater the opportunity for scrivener's error.

Another point, if you are really in need of guaranteeing what the public record says then you better know what it says for sure, for sure.
 
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