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60 Cards in this Set

  • Front
  • Back

How far back does a Title Insurance policy go?

Title Insurance looks back in time to 1848

What are the two primary types of Title Insurance?

The Owners Policy




and




The Lenders Policy

How many counties are there in WI?

There are 72 counties in WI

How long are deeds enforceable?

Deeds are valid forever

How long are mortgages enforceable?

Mortgages are valid for 30 yrs



How long are Federal tax liens enforceable?

Federal tax liens are valid for 10 yrs and are able to be renewed

How long are Federal US Marshal liens and Federal judgments good for?

Federal US Marshal liens and judgments are valid for 20 yrs and are also eligible for renewal

How long are Commercial Broker liens good for?

Commercial broker liens are valid for 2 yrs

How long are Medicade liens good for?

This varies as the total cost may not be available until the owner has passed away.

How long are Lis Pendens good for?

Lis Pendens indicates pending litigation. Once litigation has been filed or Lis Pendens has been withdrawn it is removed from title.

How long are Easements good for?

Easements are valid for either 40 or 60 yrs.




40 yrs if recorded prior to 1980




60 yrs if recorded after 1980

How do counties index the Register of Deeds?

Grantor/ Grantee index: Shows names of all buyers and sellers of real property




Tract Index: Index of land records by legal description

What is the Clerk of Courts?

A Government body where people file lawsuits and bring claims against another person

How long are Money judgments enforceable?

Valid for 10 yrs after the date the judgment is entered

How long are Construction liens enforceable?

Valid for 2 yrs after date filed

How long are State tax warrants enforceable?

Varies based on date filed

How long are Foreign or transfer judgments enforceable?

Transfer judgment is valid for 10 yrs from the date the judgment is entered

How long are Condo liens enforceable?

Valid for 3 yrs

How long are HOA liens enforceable?

HOA liens do not expire, but can only lien for 6 months of assessment

How long are Wage Claim liens enforceable?

Wage claim liens docketed in 1 county make the lien against real property in all WI counties

How long are Divorces enforceable?

This is not actually a lien, but a decree may divest interest in real property

Where are Child Support liens docketed?

Liens are docketed on file with WI Dept of Children and Families

How long are Child Support liens enforceable?

Liens are enforceable for 5 yrs from the original filing date

How many Federal Courts are in the State of WI?

There are 2 Federal Courts in WI




Eastern and Western

How are the Federal courts divided in WI?

Eastern District: Milwaukee Division and Green Bay (Brown County) District




Western District: Madison (Dane County) and a Bankruptcy branch in Eau Claire

What is Probate Court?

Government body which administers death/estate actions

What type of probate action occurs when an individual dies with a will?

Testate

What type of probate action occurs when an individual dies without a will?

Intestate

What are the two types of administrations for probate estates?

Formal administration: Probate with a judge




Informal administration: Probate with the Register of probate (elected official, not a judge)

What is a probate Transfer by affidavit?

A less formal administration under which people sign affidavits to transfer the decedent's property (value less than $50,000

What is a Guardianship?

Probate action where the owner is alive, but not competent due to age or other infirmary

Do Guardians own the real property?

No, the Guardian needs to obtain court approval to sell the property

What does it mean to Devise?

An assignment of property in a will. (the recipient would be a Devisee)

When is the assessment for Real Estate taxes completed?

Is equal to the assessed value of the property as of Jan 1st

When must the County clerk deliver the Tax roll to the treasurers office?

The roll must be delivered by the 3rd Monday in December.

Real Estate taxes are considered a lien against the property. These are generally superior to most other liens except...

for certain Environmental liens in favor of the State of WI

What kinds of properties can be exempt from property taxes?

Government owned property and Churches can be exempt from taxes. Churches can be assessed for Water and Sewer

When are taxes considered delinquent?

If Taxes are not paid, or installment payments made by Jan 31st the entire remaining balance is deemed delinquent dating to Feb 1st.

When are tax bills issued?

Tax bills are issued in mid-December

When are tax bills due?

Tax bills are due by Jan 31st.

What happens if the county forgets to add a property to the tax roll?

Taxes can still be collected for a a period of 2 yrs thereafter.

What happens if a Church is sold to a private owner and the county does not add the property to the tax bill for 2 yrs?

WI Stats include a provision where the county can collect for 3 yrs.

What is a property legal description?

A unique description of a parcel of land (not an address or a pin)

What are the 3 types of legal descriptions?

Rectangular




Subdivision/ CSM




Monument Description




Metes and Bounds




A combination of the above

What is a Township?

A 6 sq mile area containing 36 sections

What is a Section?

Each section contains 640 acres which is equal to 1 sq Mile

What is a Quarter Section?

A Quarter section is equal to 160 acres

What is a Quarter Quarter Section?

AQuarter Quarter Section is equal to 40 acres

What is a Government lot?

Irregular section containing less than 640 acres (often located on water)

What happens upon the death of a tenant in common?

The decedent's interest in the property passes to his/her heirs

What happens upon the death of a join tenant?

On the death of one of 2 joint tenants, the survivor becomes the sole heir

What happens upon the death of one of three joint tenants?

The Survivors become joint tenants of the entire interest

What is an HT-110 Form?

A form recorded with the Register of deeds to give public notice of the passing of title.




(Does not convey the property, only serves as a public notice)

When would Tenants in Common be used on title?

When 2 or more people are named as owners in a document of title.

When would Joint Tenants be used on title?

The deed must express the intent to create a joint tenancy stating; as joint tenants, as joint owners, etc

When would Survivor-ship of Marital property be used?

When the property is part of a marital homestead, or the document express states as survivor ship of marital property, if title is held by two spouses with no 3rd party.

A deed is recorded from Jeff and Craig, joint tenants to Jeff and Craig as tenants in common. This would be an example of what kind of Joint Tenancy termination?

Voluntary termination

Title is held in Jeff and Craig, joint tenants. Jeff signs a deed to himself as tenant in common. This is an example of what type of termination?

Unilateral termination

Can Bankruptcy terminate joint tenancies?

Not always, requires a bankruptcy court order

Title was originally held as John and Jane Smith, joint tenants. After resolution of Divorce how would title be held?




(Assuming both parties remain on title)

Tenants in common