Forkels 4 Title
CALIFORNIA ADOPTS A RECORDING SYSTEM
One of the first acts of the legislature of the new state was to adopt a recording system by
which evidence of title or interest could be collected in a convenient and safe public
place, so that those planning to purchase or otherwise deal with land might be presumed
to be informed about the ownership and condition of the title. This system was designed
to protect innocent lenders and purchasers against secret conveyances and liens and to
allow the title to the real property to be freely transferable. The California Legislature
adopted a recording system modeled after the system established by the original
American Colonies. It was strictly an American device for safeguarding the ownership of
land.
Actual v. Constructive Notice
Actual notice consists of express information of a fact. Constructive notice means notice
given by the public records. By means of constructive notice, people are presumed to
know the contents of recorded instruments.
Which Instruments May Be Recorded
The Recording Act of California provides that, after being acknowledged, any instrument
or judgment affecting the title to or possession of real property may be recorded.
The word “instrument” as used in the Recording Act means “some paper signed and
delivered by one person to another, transferring the title to, or giving a lien on, property
or giving a right to a debt or duty.” (Hoag v. Howard, Cal. 564.) “Instrument” does not
necessarily include every writing purporting to affect real property. Instrument does
include deeds, mortgages, leases, land contracts, deeds of trust and agreements between
or among landowners.
For all of your Title needs visit our website www.Forkels4Title.com Provident Title's account Executive Team Brian and Sara Forkel we
look forward to providing you with the industry information you are looking for.
More information regarding Title can be found at http://www.dre.ca.gov.
Posted: Oct 20, 2009 06:15 PM PDT
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SALINAS, Calif. - In recent weeks, state lawmakers have passed a number of bills directed at a growing problem--mortgage fraud. With foreclosures on the rise, there's a growing number of fraud victims in Monterey County.
Advertisements for ways to save homes from foreclosure have been popping up in local magazines, radio spots, and on the internet; some of them carry the intent to steal.
"There was a (magazine) ad charging only 3500 dollars," said Socorro Bernal, lead housing counselor for the Housing Resource Center in Salinas. "We called and found out he was an unlicensed individual."
Monterey County Deputy District Attorney John Hubanks handles the county's mortgage fraud cases as part of the D.A.'s consumer protection division; he says it's hard to determine just how many have been targeted for a rescue scam, but there can be many plantiffs under one complaint.
"I compare it to a 'fish in distress syndrome'," Hubanks said. "You have a shark looking for prey, a potential con-artist who's looking for distressed homeowners."
Homes under foreclosure become public record, giving scam artists the information to find potential targets.
"Its an easy amount of information to obtain from a title office or county recorder," said Hubanks.
For homeowners who are in trouble, Hubanks says it's important to double-check anything that sounds too good to be true and always get references.
"You have to be diligent when approached by mail, a knock on the door," he said. "Verify the licensure of the person approaching you."
Both Bernal and Hubanks believe one of the more important bills passed is AB-94, which makes it illegal for lenders or lawyers to charge advance fees for loan modifications. Bernal adds that anyone who doesn't feel comfortable trying to fix their loans on their own should know that help is out there.
"They will provide a list of non-profit HUD-approved housing counseling agencies that will give the services completely for free."
Important information provided to you by http://www.kionrightnow.com
- Errors or ommissions in deeds
- Mistakes in examining records
- Forgery
- Undisclosed heirs
An Owner's Policy provides aaurance that your title company will stand behind you
For more title information see our website.
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