Judgments
Underwriting Manuals
- TX 3.12 Child Support Judgments
- TX 6.04 Federal Judgments
- TX 8.08 Homestead
- TX 10.08 Judgments
- TX 10.12 Judicial Proceedings
- TX 13.00 Names
Standard Exceptions
- No references available.
Bulletins
- NL000012 - Federal Debt Collection Procedures Act of 1990
- NL000013 - Judgment Liens
- NL000019 - Uniform Federal Lien Registration Act
Forms
- No references available.
Table of Contents
JUD
Judgments
The names of persons recently in the chain of title and the names of purchasers should be checked for judgments and tax liens (and other relevant matters such as divorces and probates).
Requirements
JUDR01
STG
12/01/1995
V
2
Search of Names
The Company requires a search and examination for judgments and tax liens against __________________.
Comment: If the initial title search does not include a general lien search against the named persons, you must require such a separate search.
Comment: If the initial title search does not include a general lien search against the named persons, you must require such a separate search.
See Underwriting Manual
JUDR02
STG
12/01/1995
V
2
Name of Buyers
The Company requires the name of the proposed purchasers in order to secure a search for any applicable judgment, tax, and other statutory liens and matters. The Company may then make additional exceptions and requirements.
Comment: It is appropriate to do a search under the buyer’s name since numerous matters including tax liens and judgment liens may be relevant. Although a federal tax lien or judgment lien against the buyer generally is subordinate to a purchase money mortgage, this is not true of United States judgments. If the tax lien or judgment lien is subordinate, it would be shown in Schedule B of the Mortgagee Policy in accordance with Procedural Rule P-11(b)(8), if deletion of Schedule B Number 4 is requested.
Comment: It is appropriate to do a search under the buyer’s name since numerous matters including tax liens and judgment liens may be relevant. Although a federal tax lien or judgment lien against the buyer generally is subordinate to a purchase money mortgage, this is not true of United States judgments. If the tax lien or judgment lien is subordinate, it would be shown in Schedule B of the Mortgagee Policy in accordance with Procedural Rule P-11(b)(8), if deletion of Schedule B Number 4 is requested.
See Underwriting Manual
JUDR03
STG
12/01/1995
V
2
Release of Judgments
The following judgment(s) or federal tax lien(s) must be satisfied of record:
Comment: Judgment liens are effective ten years from filing unless the underlying judgment becomes dormant; however, U.S. judgments are effective for at least 20 years and can be refiled. Federal tax liens are effective 10 years and 30 days from assessment and can be refiled.
Comment: Judgment liens are effective ten years from filing unless the underlying judgment becomes dormant; however, U.S. judgments are effective for at least 20 years and can be refiled. Federal tax liens are effective 10 years and 30 days from assessment and can be refiled.
See Underwriting Manual
JUDR05
STG
12/01/1995
V
2
Writ of Execution
A writ of execution to enforce said judgment was recorded ____________. The Company requires for its review satisfactory evidence that no sale has occurred and a release of the writ.
Comment: Execution sales are extrahazardous and should not be insured unless you secure the Company’s approval.
$_____________,
Perfected: ___/___/____,
Docketed: ___/___/____,
Debtor: _________________
Creditor: _________________,
Attorney for Judgment Creditor ___________________.]
Judgment in: ________ Court, ________ County;
Amount: $_____________,
Perfected: ___/___/____,
Docketed: ___/___/____,
Debtor: _________________
Creditor: _________________,
Attorney for Judgment Creditor ___________________.]
Note: You may add additional local requirements here. Please consult with our underwriting personnel in preparing appropriate provisions.
Comment: Execution sales are extrahazardous and should not be insured unless you secure the Company’s approval.
$_____________,
Perfected: ___/___/____,
Docketed: ___/___/____,
Debtor: _________________
Creditor: _________________,
Attorney for Judgment Creditor ___________________.]
Judgment in: ________ Court, ________ County;
Amount: $_____________,
Perfected: ___/___/____,
Docketed: ___/___/____,
Debtor: _________________
Creditor: _________________,
Attorney for Judgment Creditor ___________________.]
Note: You may add additional local requirements here. Please consult with our underwriting personnel in preparing appropriate provisions.
See Underwriting Manual
Exceptions
JUDX01
ALTA
12/01/1995
V
2
Judgment Lien
A Judgment, a certified copy of which was recorded _____________.
Court:
Case No.:
Entry Date:
Debtor:
Creditor:
Amount: $__________ and any other amounts due thereunder.
Filing attorney’s information:
Name:
Address:
Phone Number:
Comment: The effective time limit for judgments is ten years from filing unless the underlying judgment becomes dormant. However, U.S. judgments are effective at least 20 years and can be refiled.
Court:
Case No.:
Entry Date:
Debtor:
Creditor:
Amount: $__________ and any other amounts due thereunder.
Filing attorney’s information:
Name:
Address:
Phone Number:
Comment: The effective time limit for judgments is ten years from filing unless the underlying judgment becomes dormant. However, U.S. judgments are effective at least 20 years and can be refiled.
See Underwriting Manual
JUDX02
ALTA
12/01/1995
V
2
Abstracts of Judgments
An Abstract of judgment recorded _______________.
Court:
Case No.:
Entry Date:
Debtor:
Creditor:
Amount: $_____________ and any other amounts due thereunder.
Filing attorney’s information:
Name:
Address:
Phone Number:
Comment: A judgment lien is created by recording an abstract of judgment. The resulting lien is effective for ten years from filing unless the underlying judgment becomes dormant. However, U.S. judgments are effective at least 20 years and can be refiled.
Court:
Case No.:
Entry Date:
Debtor:
Creditor:
Amount: $_____________ and any other amounts due thereunder.
Filing attorney’s information:
Name:
Address:
Phone Number:
Comment: A judgment lien is created by recording an abstract of judgment. The resulting lien is effective for ten years from filing unless the underlying judgment becomes dormant. However, U.S. judgments are effective at least 20 years and can be refiled.
See Underwriting Manual
JUDX03
ALTA
12/01/1995
V
2
Extended Judgment
The judgment lien recorded _____________ has been extended by order recorded ____________.
Comment: In some state jurisdictions, a judgment lien can be extended or revived. If that procedure is followed, the judgment lien retains its initial priority.
Comment: In some state jurisdictions, a judgment lien can be extended or revived. If that procedure is followed, the judgment lien retains its initial priority.
See Underwriting Manual
JUDX04
ALTA
12/01/1995
V
2
Revived Judgment
The judgment lien recorded _______________ has been revived by order recorded __________________.
Comment: In some state jurisdictions, a judgment lien can be extended or revived. If that procedure is followed, the judgment lien retains its initial priority.
Comment: In some state jurisdictions, a judgment lien can be extended or revived. If that procedure is followed, the judgment lien retains its initial priority.
See Underwriting Manual
JUDX05
ALTA
12/01/1995
V
2
Judgment Assigned
The interest of the creditor in the judgment recorded _____________ has been assigned to __________ by the assignment recorded _______________.
Comment: The assignment of a judgment typically is filed in the local real property records.
Comment: The assignment of a judgment typically is filed in the local real property records.
See Underwriting Manual
JUDX06
ALTA
12/01/1995
V
2
Judgment of Support
A Judgment for child, family, or spousal support, a certified copy of which, recorded ______________.
Court:
Case No.:
Entry Date:
Debtor:
Creditor:
Filing Attorney’s Information:
Name:
Address:
Phone:
Comment: Use this exception if the judgment secures support payments. In some jurisdictions, support judgments are not subject to any statute of limitations.
Court:
Case No.:
Entry Date:
Debtor:
Creditor:
Filing Attorney’s Information:
Name:
Address:
Phone:
Comment: Use this exception if the judgment secures support payments. In some jurisdictions, support judgments are not subject to any statute of limitations.
See Underwriting Manual
JUDX07
STG
12/01/1995
V
2
Judgment Lien
Judgment lien in favor of ____________ against ____________ in the amount of ____________ plus costs, attorneys’ fees and interest recorded ____________.
Comment: The effective time limit for judgments is ten years from filing unless the underlying judgment becomes dormant. However, U.S. judgments are effective at least 20 years and can be refiled.
Comment: The effective time limit for judgments is ten years from filing unless the underlying judgment becomes dormant. However, U.S. judgments are effective at least 20 years and can be refiled.
See Underwriting Manual
JUDX08
STG
12/01/1995
V
2
Abstracts of Judgments
Abstract of Judgment in favor of ____________ against ____________ in the amount of ____________ plus costs, attorneys’ fees and interest recorded ____________.
Comment: A judgment lien is created by recording an abstract of judgment. The resulting lien is effective for ten years from filing unless the underlying judgment becomes dormant. However, U.S. judgments are effective at least 20 years and can be refiled.
[set forth names]
{The following returns were found: [set forth]}
{Nothing was found.}
Note: If any federal tax liens are turned out, same must be disposed of, or an exception will be taken in the policy.
Note: You may add additional local exceptions here. Please consult with our underwriting personnel in preparing appropriate provisions.
Comment: A judgment lien is created by recording an abstract of judgment. The resulting lien is effective for ten years from filing unless the underlying judgment becomes dormant. However, U.S. judgments are effective at least 20 years and can be refiled.
[set forth names]
{The following returns were found: [set forth]}
{Nothing was found.}
Note: If any federal tax liens are turned out, same must be disposed of, or an exception will be taken in the policy.
Note: You may add additional local exceptions here. Please consult with our underwriting personnel in preparing appropriate provisions.