Iowa Land Title Association Abstracting Standards Committee Meeting
Gateway Hotel, Ames, Iowa
September 14, 2016
Meeting called to order at 10:01 a.m. Members present: Andrew Nordstrom, Mark Harmening, Rita Harmening-Pederson, Candace Slobe, Linda Birocci, Kevin Christie, Jerry LoRang, Zach Ruroden, Brenda Harris, Gary Reeder, Dan Kadrlik, Bill Blue, and Samantha Kromrie.
Minutes of May 1st 2016 Pre-Convention Meeting Approved
1. In a closed Guardianship/Conservatorship/Estate, who is liable for unpaid court costs? Is it the ward or the Guardian/Conservator/beneficiaries?
ANSWER: Show only if judgment/lien entered against your searched party.
2. When do claims in probate (i.e., funeral services, hospital bills) need to be shown???
Example, abstract is brought in to us, to have updated, we show Mrs. X’s probate up to the inventory, along with 2 claims in the probate. Attorney says that we do not need to show the claims?? He shows us 9.12 of the Iowa Land Title Standards.
ANSWER PART 1: Bar Standard 9.12 only pertains to sale within the estate, and claims would not attach and would not need to be shown. Hopefully they would inform you that was their intention when they ordered the abstract.
Do we never have to show claims???
ANSWER PART 2: Claims do occasionally need to be shown depending upon the circumstances. Follow Blue Book.
3. In a legal description of an abstract (land in caption)can one use the feet abbreviation sign (‘)if there is a meets and bounds description is also used? Or is this just a local practice, each county different? Or do we need to actually type out "feet”?
i.e.: Thence continuing East along said South line 545.00’; thence North 00° 34' 30" West, 400.00’; thence West, 545.00’; thence South 00° 34' 30" East, 400.00’ to the Point of Beginning.
ANSWER: Yes you may use the " ' ", just make sure that there is no ambiguity in the caption.
4. Here is the blue book recommendation for trust searches:
See VIII under searches
TRUSTS: Search Trustee(s) and title of trust (if any) from date of creation of trust to date of filing conveyance. Search Trustor to date of filing conveyance TO THE Trust/Trustee*. (See Matter of Nagel, 580 N.W.2d 810 (Iowa 1998). No search is necessary against beneficiaries of trust if provisions of trust agreement show they have no real property interest, their interest being in the proceeds only, or if the Trustee’s deed was filed more than ten years earlier. Secs. 589.24 and 614.14 – 2007 Code.
My question is – is it necessary to search the Trustor(s) (as an individual) for person liens?
ANSWER: No, it is not necessary to search the Trustor beyond time of conveyance to the trust. However it may be helpful to note if said Trustor or Trustee died... (*Change to Blue Book)
5. As of July 1, 2016, the marriage records are now being filed electronically just like the death records. In the past, we have been given an example of how to word the electronic death records in abstracts, so would you please give us an example of how to word the electronic marriage records in abstracts?
ANSWER: See Page 193 if you are one of those that show marriage records. Approximately half of the committee does not show marriage certificates at all.
6. I have lawyers using 900s and 901s for transfers. I am not aware of how the search will be used until I see the transfer documents filed in the Recorder's Office after my 900 has been sent to the attorney. After the transfer, a 901 is ordered by the attorney.
What, if anything, is my responsibility?
ANSWER PART 1: Your first responsibility is to prepare a good search, notify them once that this form is not appropriate for the transaction.
Do I put on my form 900 that these are for refinance use only?
ANSWER PART 2: The approved form already states for refinance only.
Should I refuse to do a 901 if a transfer has occurred?
ANSWER PART 3: No prepare what is requested.
Should I keep calm and carry on?
ANSWER PART 4: Probably!!!
7. Is it necessary to show plat proceedings of plats filed over 10 years old?
ANSWER PART 1: YES, use the showing recommended in the blue book Page 96. If attorney request is greater than recommended in the blue book, we would show to keep the attorney happy.
We recently made a Root of Title abstract for a customer which was sent to an attorney for a title opinion.
The legal description on the Root of Title was for a subdivision plat that was filed in 1999. We showed the plat description along with the plat maps for our subdivision plat and for all prior plats from which our plat came out of for the Root of Title.
The attorney objected and called us about not showing the full plat proceedings for the plat the Root of Title was being made for.
When talking to him about this, we asked his objection and his reply wasTitle Standard 1.5.
We did not commence the Root of Title with the plat picture.
We did add the plat proceedings to this after his objection.
This objection was from an attorney who said he talked to some other attorneys about this and the ISBA was going to look at 1.5 and possibly revise it to be more clear.
We have not had an objection about this in the past.
Do you need to show plat proceedings in full if the plat is over 10 years old, whether starting with the plat or not? Use Blue Book Page 96
If not, what minimums does ILTA require for showing ancient subdivision plats?
ANSWER PART 2: See PART 1 Above.
8. We are trying to determine if the Plats for specific units at Lake Ponderosa Subdivision are acceptable for the “Root of Title” entry on those abstracts. They were platted between 1965 and 1987, and each plat has attached certificates from the County Recorder, Treasurer, Auditor, Board of Supervisors, etc.
We know that ILTS 1.5 says a “city lot” platted under 354 is good for the beg. Sec 354 deals with platting requirements but makes no mention of city lots.
ILTS cites, as authority for ILTS 1.5, Sec 592.3 which is captioned “City and Town Lots” and the Chapter deals with Cities and Town plats.
So other than City and Town lots, there is no statute of limitations under Sec 592 for those plats not so located.
ANSWER: Use forty-year abstract. Local custom my allow you to use the plat in some circumstances. The committee believes that the code language "City and Town Lots" is specific and exclusive. Therefore a "Plat Abstract" would not be appropriate or acceptable.
9. Here is a question that has been posed to me by one of our local attorneys:
We have a condominium development which consists of 144 stand-alone cabins. The Horizontal Property Regime has been amended 9 times with each amendment adding an additional surveyed parcel (Parcel A, B, C, etc.) which covers the ground where additional units are to be added to the HPR and an individual survey for each unit that is being added to the HPR. Currently, we show all of the surveys. Our feeling is that since the parcels where the additional units are going to be located now becomes a part of the common grounds of the HPR and then the individual units are then excluded from the additional common grounds. In addition, then the Developer conveys by Warranty Deed the surveyed land where the additional units are to be located, except the individual units as identified by the recorded survey for each unit.
The local attorney for whom we have been abstracting these units from the beginning is now asking if the abstracting title standards would permit us to show only the surveys (i.e. the survey for the parcel being added to the HPR where the unit is located and the survey for the individual unit) that deal directly with an individual unit.
ANSWER: No we don't believe that with the law as is, it is possible to reduce the showing. Each amendment would change the proportions and chain of title to common elements, proprietors etc. and would need to be shown to accurately reflect title.
Bar Notes: