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- Forged
deeds, mortgages, satisfactions, or releases.
- Deed
by person who is insane or metally incompetent.
- Deed
by minor (may be disavowed).
- Deed
from corporation, unauthorized corporate bylaws or given under
falsified corporate resolution.
- Deed
from partnership, unauthorized under partnership agreement.
- Deed
from purported trustee, unauthorized under trust agreement.
- Deed
to or from a "corporation" before incorporation, or after
loss of corporate charter.
- Deed
from a legal nonentity (styled, for example, as a church, charity
or club.)
- Deed
by person in a foreign country, vulnerable to challenge as incompetent,
unauthorized or defective under foreign laws.
- Claims
resulting from use of "alias" or fictitious namestyle by
a predecessor in title.
- Deed
challenged as being given under fraud, undue influence or duress.
- Deed
following nonjudcial foreclosure, where required procedure was
not followed.
- Deed
affecting land in judicial proceedings (bankruptcy, receivership,
probate, conservatorship, dissolution of marriage), unauthorized
by court.
- Deed
following judicial proceedings subject to appeal or further court
order.
- Deed
following judicial proceeedings, where all necessary parties
were not joined.
- Lack
of jurisdiction over persons or property in judicial proceedings.
- Deed
signed by mistake (grantor did not know what was signed).
- Deed
executed under falsified power of attorney.
- Deed
executed under expired power of attorney (death, disability or
insanity of principal).
- Deed
apparently valid, but actually delivered after death of grantor
or grantee, or without consent of grantor.
- Deed
affecting property purported to be separate property of grantor,
which is in fact community or jointly owned property.
- Undisclosed
divorce of one who conveys as sole heir of a deceased former
spouse.
- Deed
affecting property of deceased person, not joining all heirs.
- Deed
following administration of estate of missing person, who later
reappears.
- Conveyance
by heir or survivor of a joint estate, who murdered the decedent.
- Conveyances
and proceedings affecting rights of service member protected
by the Soldiers and Sailors Civil Relief Act.
- Conveyance
void as in violation of public policy (payment of gambling debt,
payment for contract to commit crime, or conveyance made in restraint
of trade).
- Deed
to land including "wetlands" subject to public trust (vesting
title in government to protect public interest in navigation,
commerce, fishing and recreation).
- Deed
from government entity, vulnerable to challenge as unauthorized
or unlawful.
- Ineffective
release of prior satisfied mortgage due to acquisition of note
by bona fide purchaser (without notice of satisfaction ).
- Ineffective
release of prior satisfied mortgage due to bankruptcy of creditor
prior to recording of release (avoiding powers in bankruptcy).
- Ineffective
release of prior mortgage or lien, as fraudulently obtained by
predecessor in title.
- Disputed
release of prior mortgage or lien, as given under mistake or
misunderstanding.
- Ineffective
subordination agreement, causing junior interest to be reinstated
to priority.
- Deed
recorded, but not properly indexed so as to be locatable in the
land records.
- Undisclosed
but recorded federal or state tax lien.
- Undisclosed
but recorded judgment or spousal/child support lien.
- Undisclosd
but recorded prior mortgage.
- Undisclosed
but recorded notice of pending lawsuit affecting land.
- Undisclosed
but recorded environmental lien.
- Undisclosed
but recorded option, or right of first refusal, to purchase property.
- Undisclosed
but recorded covenants or restrictions, with (or without) rights
of reverter.
- Undisclosed
but recorded easements (for access, utilities, drainage, airspace,
views) benefiting neighboring land.
- Undisclosed
but recorded boundary, party wall or setback agreements.
- Errors
in tax records (mailing tax bill to wrong party resulting in
tax sale, or crediting payment to wrong property).
- Erroneous
release of tax or assessment liens, which are later reinstated
to the tax rolls.
- Erroneous
reports furnished by tax officials (not binding local government).
- Special
assessments which become liens upon passage of a law or ordinance,
but before recorded notice or commencement of improvements for
which assessment is made.
- Adverse
claim of vendor's lien.
- Adverse
claim of equitable lien.
- Ambiguous
covenants or restrictions in ancient documents.
- Misinterpretation
of wills, deeds and other instruments.
- Discovery
of will of supposed intestate individual, after probate.
- Discovery
of later will after probate of first will.
- Erroneous
or inadequate legal descriptions.
- Deed
to land without a right of access to a public street or road.
- Deed
to land with legal access subject to undisclosed but recorded
conditions or restrictions.
- Right
of access wiped out by foreclosure on neighboring land.
- Patent
defects in recorded instruments (for example, failure to attach
notarial acknowledgment or a legal description).
- Defective
acknowledgment due to lack of authority of notary (acknowledgement
taken before commission of after expiration of commission).
- Forged
notarization or witness acknowledgement.
- Deed
not properly recorded (wrong county, missing pages or other contents,
or without required payment.)
- Deed
from grantor who is claimed to have acquired title through fraud
upon creditors of a prior owner.
AND EXTENDED
COVERAGE MAY BE REQUESTED TO PROTECT AGAINST SUCH ADDITIONAL DEFECTS
AS:
- Deed
to a purchaser from one who has previously sold or leased the
same land to a third party under an unrecorded contract, where
the third party is in possession of the premises.
- Claimed
prescriptive rights, not of record and not disclosed by survey.
- Physical
location of easement (underground pipe or sewer line) which does
not conform with easement of record).
- Deed
to land with improvements encroaching upon land of another.
- Incorrect
survey (misstating location, dimensions, area, easements or improvements
upon land).
- "Mechanics'
lien" claims
(securing payment of contractors and material suppliers for
improvements) which may attach without recorded notice.
- Federal
estate or state inheritance tax liens (may attach witout recorded
notice).
- Preexisting
violation of subdivision mapping laws.
- Preexisting
vilation of zoning ordinances.
- Preexisting
violation of conditions, covenants, and restrictions affecting
the land.
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