6.12 Fictitious Names

6.12.1

In General

Unless otherwise provided by local statutes, nothing in the English common law prohibits a person from assuming any name that person may choose for the purposes of acquiring an interest in or lien upon real estate, so long as such assumption is not for a fraudulent purpose.

In almost every jurisdiction, no person can legally engage in business under a fictitious name without registering as provided by state law.

Grantees

A conveyance to a nonexistent or fictitious person is void for lack of a grantee, but a conveyance to an identifiable person using a fictitious name is valid. The name of the grantee cannot be considered as fictitious if any certain person was intended to be designated by the name and that person's identify can be proven.

Local law must be researched in regard to any specific jurisdictional provisions and requirements.

Grantors

Unless otherwise provided by local law, a conveyance by an owner who conveys by any name is effective to transfer title, provided the grantor is fully identified as being the true owner of the property.

Local law must be researched in regard to any specific jurisdictional provisions and requirements.

Fictitious Trade Name Act

Almost every state has adopted legislation in regard to persons and partnerships transacting business in the state under a fictitious name.

6.12.2

Title Insurance Considerations Concerning Fictitious Names

The Company is unwilling to insure any title interest, title, or right to real property wherein the insured is not using the insured's correct and legal name, and instead, is using an assumed, fictitious, or trade name.