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).

Requirement

JUDR01 STG

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.

See Underwriting Manual

JUDR02 STG

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 in all states and is not true of United States judgments. If the tax lien or judgment lien is subordinate, it should be shown in Schedule B-Part II.

JUDR03 STG

Release of Judgments

The following judgment(s) or federal tax lien(s) must be satisfied of record:
Comment: Judgment liens are effective for different times in different states; 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.

JUDR04 STG

Attachment

Terms and conditions of writ of attachment issued in the action entitled ________________________, Case or Docket Number ___________________ and recorded _____________________. The Company requires for its review (i) satisfactory evidence that there has been no sale of the land pursuant to the writ, and (ii) a release or other satisfaction of the writ. At that time, the Company may make additional requirements or exceptions.
Comment: If a writ of attachment is filed, you must verify that no sale has occurred and you must require a release.

See Underwriting Manual

JUDR05 STG

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.

See Underwriting Manual

JUDR06 STG

Judgment(s) appearing “on the head”

The following judgment(s) appear to be against the ____________, and must be disposed of at or prior to closing:
Judgment in:  ________ Court, ________ County;
Amount:  $_____________,
Perfected:  ___/___/____,
Docketed: ___/___/____,
Debtor:  _________________
Creditor:  _________________,
Attorney for Judgment Creditor ___________________.]

JUDR07 STG

Judgment against tenant-shareholder of co-op ap

The following judgments have been found:

Judgment in:  ________ Court, ________ County;
Amount:  $_____________,
Perfected:  ___/___/____,
Docketed: ___/___/____,
Debtor:  _________________
Creditor:  _________________,
Attorney for Judgment Creditor ___________________.]
Proof is required that the coop corporation, its managing agent, and the holder of any security interest in the shares of stock and proprietary lease, have not been served with any restraining notice or execution in connection with the above as of the date of closing.

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

Exception

JUDX01 ALTA

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 varies. However, U.S. judgments are effective at least 20 years and can be refiled.

See Underwriting Manual

JUDX02 ALTA

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: In some jurisdictions, a judgment lien is created by recording a separate abstract of judgment. The effective time limit varies. However, U.S. judgments are effective at least 20 years and can be refiled.

Case No.:
Entry Date:
Debtor:
Creditor:
Filing Attorney’s Information:
 Name:
 Address:
 Phone:

See Underwriting Manual

JUDX09 STG

Judgment search against purchaser

For information only (will appear in Schedule B Part II of policy at insured lender’s request): Searches for judgments and liens have been made against the following named persons at the lender’s request:

[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.