Cotenancies

Standard Exception Topic

COT


Cotenancies

Cotenants have various rights in the land, including rights of partition and certain reimbursement rights. The United States may be able to sell the entire land to satisfy taxes.

Requirements

Standard Exception Subtopic

COTR02

STG

12/01/1995
V 1

Joint Tenancy – Survivorship

The Company requires for its review and recordation a satisfactory affidavit stating the time and place of death and place of residence at death of _________________________ (“Decedent”) and a death certificate. At that time, the Company may make additional requirements or exceptions.
Comment: If title is vested in joint tenants in accordance with state law, this requirement will confirm that the surviving tenant owns title.

Note: You may add additional local requirements here. Please consult with our underwriting personnel in preparing appropriate provisions.

Exceptions

Standard Exception Subtopic

COTX01

STG

12/01/1995
V 1

Federal Tax Lien Against Cotenant

The right of the United States to sell the entire fee simple interest in the land upon foreclosure of its lien against the undivided interest of ______________ as reflected by notice of tax lien filed under _________.
Comment: If one cotenant is subject to a recorded Notice of Federal Tax Lien, you must except to that federal tax lien because of the right of the U.S. to sell the entire fee.

Standard Exception Subtopic

COTX02

STG

12/01/1995
V 1

Cotenant Exception

Rights and claims of cotenants and those persons claiming by, through, or under them, including rights of possession, partition, and reimbursement, and rights of the United States to sell the land.
Comment: When insuring an undivided interest of a cotenant, add this exception.

See Underwriting Manual