1. ©OnCourse Learning. All Rights Reserved.

2. Recordation, Abstracts, and Title Insurance ©OnCourse Learning. All Rights Reserved. Chapter 14

3. ©OnCourse Learning. All Rights Reserved. In This Chapter Methods of determining ownership How ownership is determined from public records Title insurance

4. Notice Constructive Notice  recording documents  by visibly occupying the land Actual Notice  what one has seen, heard, read, or observed ©OnCourse Learning. All Rights Reserved.

5. Recording Act Requires real estate documents to be recorded in the county clerk’s office in the county in which the property is located. A deed to a lot in Corpus Christi would be filed at the Nueces County Courthouse in Corpus Christi Texas law requires recorded real estate documents to be binding on third parties. ©OnCourse Learning. All Rights Reserved.

6. The county clerk’s office serves as a central information station for changes in rights, estates, and interests in land. Public Recorder’s Role ©OnCourse Learning. All Rights Reserved.

7. Mortgage Electronic Registration System computerized book registration system Uniform Electronic Transactions Act (UETA) MERS will be the mortgagee of record for all security instruments registered ©OnCourse Learning. All Rights Reserved.

8. Recording Requirement Document must be acknowledged. Filed in county where property is located. ©OnCourse Learning. All Rights Reserved.

9. Acknowledgment ©OnCourse Learning. All Rights Reserved.

10. Public Records Document recorded in chronological order. Copies bound into books. Book and Page reference. Grantor and Grantee Indexes. ©OnCourse Learning. All Rights Reserved.

11. Public Records Organization Tract Indexes Grantor and Grantee Indexes Electronic Recording ©OnCourse Learning. All Rights Reserved.

12. Electronic Recording Texas adopted a new Electronic Recording Act which provides that an electronic document (a document that is received by the county clerk in electronic form) can be recorded in the county clerk’s office in the county in which the land is located, in addition to the traditional paper documents that are recorded. ©OnCourse Learning. All Rights Reserved.

13. Chain of Title ©OnCourse Learning. All Rights Reserved.

14. Ownership Proof Abstract of Title Title Insurance  Title commitment  Texas Title Policy  Policy Premiums  Loan Policy  Claims for Losses ©OnCourse Learning. All Rights Reserved.

15. TEXAS TITLE POLICY The standard Texas title insurance policy form provides insurance coverage for loss of title. It must be issued on a form promulgated by the Texas Department of Insurance. ©OnCourse Learning. All Rights Reserved.

16. Texas Title Insurance Policy Premium  customary for the seller to pay for the insurance  rates are set by the Texas Department of Insurance Owner’s Policy Mortgagee’s Policy Claims for losses ©OnCourse Learning. All Rights Reserved.

17. Title Marketable Title is one free from reasonable doubt as to who the owner is. Quite Title suit – the legal process to remove a title defect or “title cloud.” ©OnCourse Learning. All Rights Reserved.

18. Key Terms Abstract Acknowledgment Actual notice Chain of title Constructive notice Marketable title Mechanic’s lien Quite title suit Title insurance ©OnCourse Learning. All Rights Reserved.