Tag: escrow

Legals with Lippman: Section-Township-Range and Land Surveys

We’re starting a new series on the Tallgrass Title blog: Legals with Lippman!  In this series, our Production Manager, Sydney, will be focusing on topics related to real estate legal descriptions.  Sydney will help make sense of plats (and replats), original townsites, water rights, condemnations, and how all of this affects you and your clients’ transactions.

Section-Township-Range Legal Descriptions (and Why Surveys Can Make Your Life Simple)

Legal descriptions are a graphic depiction of a property. They outline the boundaries and features of a tract of land creating a map.

Legal descriptions commonly start out with a section-township-range description (with the exception of “platted” ground which will be covered in a future post.) This type of surveying system was adopted in 1785 and is used throughout the United States.  Through this system townships and ranges are separated into sections, each section totals 640 acres and is one square mile, forming a grid pattern to help locate a given property. Townships run north and south while ranges run east and west. Each township range is broken into 36 sections making them 6 square miles.

Many legal descriptions start by dividing sections into quarters, halves, and quartered quarters. However, when real estate is broken down further, it can get a bit complicated. For example, suppose that in 1901 John Jacob purchased the NW/4 of Section 10, Township 10, Range 10. Then, John Jacob gave a portion of the property to each of his four children and each received a quartered quarter. Allen Jacob received the SW/4 NW/4 of 10-10-10. Allen wanted to pass this land on to his two sons but wanted the house to go to his daughter. This is where things can become less cut and dry. Allen decided to divide the property along a stream that runs halfway through the property. Everything North of this stream went to Bart, everything South went to Chester. Seems simple, until you take out the house and five acres surrounding. The five acres and the house are also along this stream. This is where a survey of metes and bounds legal description comes into play.

A surveyor will draft a legal description beginning at a designated starting point; also called a point of beginning. In this case it might be the southwest corner of the northwest quarter of Section 10, Township 10, Range 10. A particular degree and number of feet is then determined, and the legal description continues through a variety of angles and distances until it comes back to the point of beginning. This creates a map of the property boundaries.

After reading the above example, one can see that there are many instances where a survey is needed to produce a metes and bounds legal description. They can help resolve any possible boundary disputes, accurately determine the size of a tract of land, or to determine the location of any easements, setbacks, or other such restrictions on future development.

Surveys can also be extremely helpful when a legal description has become convoluted. Say John Jacob decided to sell half of the NW/4. Peter Crow now owns the N/2 of the NW/4. Peter then sells the South 10 acres of the N/2 of the NW/4 to Monica Chang. Monica sells four one-acre tracts off for housing development. Monica’s legal description is now the South 10 acres of the N/2 of the NW/4 of 10-10-10 less one acre less one acre less one acre less one acre. Having a survey done of the remaining six acres would  simplify her legal description. .

Dealing with legal descriptions can be tricky, that is why we are here to support you. If you have any questions about section, township, range legal descriptions or surveys feel free to contact one of our real estate professionals for guidance.

How Does Title Insurance Work?

Here at Tallgrass Title, we have discussed many topics about the nuts and bolts of real estate transactions: closings, probates, commitments, policies, etc.  But what is title insurance and how does it actually work?

Title insurance is essentially insurance that either insures that you actually own a tract of real estate and/or that a bank’s mortgage is valid and filed of record.  Title insurance, like other types of insurance, is governed by the individual state.  Insurance in Kansas is established and governed by state statutes that establish the types of insurance allowed to be sold in the state and various regulations governing the sale.  The major types are life, health, hazard, liability, property and title.  Further, Kansas Statutes establish the Kansas Insurance Department and Commissioner of Insurance. The Kansas Commissioner of Insurance is tasked with enforcing Kansas Statutes relating to insurance, licensing and regulating the sale of insurance.

When purchasing an insurance policy, an individual or entity enters into a contract with the insurance company.  The contract establishes the amount of coverage sold, the terms of the policy, exceptions to coverage and what constitutes a claim.  Kansas state law also establishes how fees are established and charged, how the money is accumulated, and who is entitled to the proceeds.  This ensures that when a claim (loss) happens, that the insurance company has retained sufficient funds to pay potential claims.  Otherwise, an unscrupulous company could sell policies and spend the premiums paid and then be without sufficient funds to pay a claim.  For example, if a consumer purchases a title policy insuring the person as an owner of the real estate with a policy amount of $100,000 and it is later shown that the property is actually owned by another party, a title insurance company is bound to pay up to the amount of $100,000 loss.  Now, there are a multitude of corrective measures and potential outcomes of any claim.  The bottom line is that a title insurance company is bound to hold a certain amount per $1000 of insurance sold for potential claims.

Kansas insurance statutes also require that reinsurance be purchased when a particular title insurance company’s “reserve” or “pool” is not large enough to cover the size of policy sold by the company.  This is done by purchasing reinsurance from another title company or other insurance company.  This protects the customer from an insurance company failing to have the reserves to cover certain sized policies.

In Kansas, most title insurance is sold through independent agents (including Tallgrass Title!).  An independent agent sells title insurance on behalf of a title insurance company, otherwise known as an underwriter.  An underwriter and independent agent enter into an agreement allowing the independent agent to sell its title policies with a certain division of the premiums.  Here at Tallgrass Title, we currently write title policies for three underwriters.  In our experience, each offers a unique product and the variety of options available allows us to better serve our customers.

In the end, title insurance is simply another form of coverage that specifically protects property rights.  Here at Tallgrass Title, we are proud to serve our customers in this regard.  This includes explaining any aspect of your real estate transaction or title policy.  If you have a question, feel free to ask one of our real estate professionals.  We love to talk title!

The Tallgrass Title Cinnamon Roll Vision Quest

After many debates around the office about the best bakery in the area, and more specifically, the best cinnamon rolls around, we decided to conduct an experiment.  I present to you the Tallgrass Title Cinnamon Roll Vision Quest.  In providing title services across the Flint Hills region, our staff has gotten into the habit of making pit stops for cinnamon rolls (and cookies and muffins…stay tuned) in the various towns we travel to and from to conduct title searches, perform mobile notary services, or deliver commission checks.  We decided to put the debate to rest and execute a super scientific analysis.

The Contenders

Alma Bakery and Sweet Shoppe, Alma
Sugar Creek Country Store, St. Marys
Friendship House, Wamego
Bluestem Bistro, Manhattan
Tasty Pastry, Clay Center
Kawffee Pot, St. George
Radina’s, Manhattan

Our Process

After sampling each cinnamon roll, our team completed a survey evaluating the specimen in regard to the flavor and quality of icing, roll density and flavor, the element of cinnamon (or lack thereof), appearance, and one’s personal desire to buy this cinnamon roll for their friends.

Our Findings

Best in Cinnamon-tography

Whereas many of the otherwise delicious cinnamon rolls we tested lacked a strong cinnamon flavor, the rolls from St. George’s Kawffee Pot possessed a delightful amount of cinnamon goo. These rolls also had a rich and flavorful icing with elements of vanilla and almond.  These were definitely the sweetest of the contenders; if you’re looking for a rich and dessert-like treat, Kawffee Pot is the way to go!  The rolls themselves were quite fluffy, moist, and flavorful.

The Heartiest

Radina’s and Bluestem Bistro, both located in Manhattan, served up the heartiest rolls we tried – maybe meals in themselves.  Both rolls were light, airy, and very fluffy!  Both less sweet than their rivals, Radina’s quality bread delivered a cinnamon roll that felt a little more appropriate for breakfast than dessert. Bluestem Bistro’s rolls were by far the fluffiest and most moist of our contenders.

Icing on the Cake!

The Alma Bakery and Sweet Shoppe and Sugar Creek in St. Marys both had such impeccable icing, our data collection resulted in a tie.  Thick, buttery, and perhaps sour cream-y, Sugar Creek delivered an outstanding icing that complimented their perfectly sized moist, albeit a bit dense, rolls.  Alma has stood out as a fan favorite around the office, in part due to their delicate, natural flavored icing paired with light and airy rolls with a strong cinnamon flavor.  These rolls didn’t last long around the office, what did last was the team scheming up reasons to drive to Alma for more.

Best in Show

Perfect and strategically located down the street from Tallgrass Title headquarters.  Our old faithful Friendship House cinnamon rolls.  Moist, light, and hearty cinnamon rolls with a perfect ratio of rich, buttery icing. And impeccably cute.  100% of respondents said these rolls were just right on sweetness, although there was some disagreement on whether they had quite enough cinnamon.

A Nutty Honorable Mention

A visit to Clay Center brought the Tasty Pastry into the competition. However, they were fresh out of cinnamon rolls that day.  Lucky for us, a local advised we check out the Nut Rolls.  Covered in scrumptious nuts with plenty of cinnamon, icing, and still in a roll shape! These treats might qualify more as donuts but trust me, they still won us over.

 

Here at Tallgrass Title, we’re happy to help with all your title insurance needs, it’s our job!  Feel free to contact our title professionals with questions arising with a current closing or general inquiries about title and escrow services.  We’re also happy to offer our recommendations for the best local treats and eats. …we’d like to think it’s our job!

Closings Continue at Tallgrass Title

At Tallgrass Title, we understand that real estate transactions must continue during the COVID -19 pandemic.  Real estate sales and transactions cannot simply stop because of this serious health scare.  Many contracts for the sale of real estate were signed prior to the global outbreak.  It is doubtful that the contract was contingent on a global pandemic.  Additionally, numerous folks began the refinance process for their home loans.  Without closing within a specified time, loan locks are in danger of expiring.  Therefore, closings continue to take place but with new added precautions and measures to support social distancing and prevent the further spread of the virus.  At the same time, many of these measures have been in place at Tallgrass Title for several years.  The purpose of this post is to share these measures with our customers and how they’re convenient and will save the parties time, pandemic or no pandemic.

  1. Early deed packets mean smooth closings. Having the Seller sign deed packets ahead of closing allows for the Seller to be absent from the closing.  The Sellers can sign their packet in front of a notary at their convenience and simply drop the packet in the drop box at either one of our locations.  The only in-person interaction that a Seller must currently have with another person is signing the deed packet.  However, notaries (as well as TGT staff) are providing ways to prevent spreading the virus further.  We are also offering several different options to assist in social distancing loan closings.  Ask one of our closing agents for options!
  2. Use of electronic signatures. With the growing use of online services, wet-ink signatures are simply not needed for most documents.  Several programs like HelloSign, DocuSign and Dotloop allow for a person to sign from their phone or computer.  Therefore, there is no need to meet face-to-face with a person to execute closing paperwork.  At Tallgrass Title, we routinely offer parties the option to sign settlement statements electronically.
  3. Use of Earnnest for delivery of earnest money. Earnnest is a program much like Venmo, Cash App or PayPal that allows for the instantaneous transfer of earnest money.  Therefore, there is no need for the physical delivery of earnest money to our office.
  4. Wiring of proceeds or delivery to bank. Tallgrass Title offers free wiring of real estate agents’ commission checks. We also offer to wire Seller’s proceeds from their transactions.  Additionally, our free courier service will deliver proceeds or commission checks to any local bank free of charge.  This means that there is no need to pick up a paper check at our office.  Ask your closing agent for details.

Our goal is to make your transaction as smooth and convenient as possible.  This includes in times of uncertainty.  As stated, most of these techniques and measures have been in place before the COVID-19 pandemic so our team is well acquainted and comfortable with their use.  Should you have any questions, our real estate professionals are happy to help. It’s our job!

Tallgrass Title partners with Earnnest!!

In efforts to further assist our buyers, sellers, and realtors, we are pleased to announce our partnership with Earnnest to bring an additional option to your tool kit.

What is Earnnest?

Earnnest is a web app that allows for the electronic and instantaneous transfer of buyer’s earnest money into our Tallgrass Title trust account.  This service eliminates the requirement of delivering a physical check to our office or paying costly wire fees.

Functioning much like Venmo, PayPal, or Cash App, Earnnest is a perfect tool for transactions with out of town buyers, buyers unable to leave work, or for Millennials without check books!

How does it work?

  • The real estate agent or the title company (that’s us) sends a request to the buyer for the value of the earnest money
  • The Buyer gets a text or e-mail notification
  • The Buyer verifies their identity and makes the payment
  • The title company and escrow holder receives the payment instantaneously!
  • Tallgrass Title generates an electronic earnest money receipt for the realtor file.

With the technology of Earnnest in conjunction with electronic signature apps, the contract signing and escrow set up can be fully digital! No one needs to leave their office or their couch.

At Tallgrass Title, our mission is to make your transaction as smooth and easy as possible.  Earnnest is another step we have taken to continue that mission.  We would love to demonstrate further how this new tool works for you! Please give us a call for details or simply request to get started with Earnnest for your next escrow!