Posts Tagged ‘Jason Lueking’

Slander of Title

Wednesday, May 5th, 2010

When taking a lien on real estate, you should be wary of the concept of “slander of title.”  Slander of title results when a false and malicious statement is made against a person’s title to real property.  In some circumstances, a mortgage lien could be the subject of a slander of title lawsuit.  (more…)

Exceptions Are Everything

Monday, April 19th, 2010

Items listed as exceptions to a title insurance commitment are placed in the last portion, or Schedule B-2, of the commitment.  As such, the items are often ignored when reviewing your commitment.  However, these exceptions can significantly alter the scope of your title insurance coverage.  Without understanding the matters listed as exceptions, you cannot evaluate the title to your real estate. (more…)

Notice and Recorded Documents

Wednesday, April 14th, 2010

Recorded real estate documents provide notice to subsequent purchasers, tenants and mortgagees.  There are two types of notice- constructive and actual.  Constructive notice is provided when a document is properly signed, notarized and recorded by the County Recorder where the real estate is located.  If a document is not entitled to be recorded or is improperly recorded, the document does not provide constructive notice and may not be binding upon third parties. (more…)

An Ounce of Prevention

Monday, April 12th, 2010

The purchase of a home is a significant financial and emotional investment.  The process can be very time-consuming and stressful.  An attorney’s role in this process is to examine legal issues and prevent future legal problems before they arise. (more…)

Automatic Judgment Liens in Indiana

Wednesday, April 7th, 2010

Under Indiana law, a final judgment for the recovery of money or costs constitutes a lien on the judgment debtor’s real property located in the county where the judgment has been entered and indexed in the judgment docket.  The lien attaches automatically when the judgment is entered and indexed. (more…)

Beware of Disclaimers

Monday, April 5th, 2010

When purchasing real estate, you hire many professionals to inspect the property and provide you advice.  Various conditions are often reviewed including environmental contamination, termite damage, structural integrity, the operations of plumbing, electrical and mechanical systems, radon levels and boundary line encroachments.  The consultants often provide you with their form of service contract immediately before performing their work.  (more…)

Standby Letters of Credit

Friday, April 2nd, 2010

The use of standby letters of credit in commercial transactions continues to grow.  In the case of a commercial letter of credit, it is intended by the parties that the credit under the letter will be drawn in the completion of a transaction.  In the case of a standby letter, the credit will be drawn only after some party has failed to meet its obligations.  Obtaining a letter of credit in lieu of a cash bond or collateral is viewed with increasing favor by businesses, governments, and the courts. The attractiveness is due to the essential nature of a letter of credit transaction.  With a letter of credit, the lender’s credit, rather than the credit of the borrower, is on the line.  This provides parties with certain advantages in bankruptcy and greatly increases the probability of ultimate payment. (more…)

Title Insurance Versus Title Opinions

Wednesday, March 31st, 2010

Lenders have always required evidence of good title to real estate as a condition to approving a mortgage loan.  This evidence is usually in the form of a title opinion or title insurance.  Whether to order a title opinion or title insurance will affect the amount of the borrower’s loan costs and the scope of protection afforded to the lender.  You should be aware of the differences before deciding on the form of protection. (more…)