Montana – Back to Basics: Why we do the things we do?
Presented by Glen W. Roberts, underwriting counsel for Stewart Title Guaranty
The purpose of the class is to take class members through Montana Code sections that affect the day to day life of title and escrow officers. Case scenarios will be used to emphasis the relevant statute. The instructor feels strongly that the “story” illustrating the statute helps class members remember the applicable law. It also helps class members stay awake.
1. Beneficiary Deeds. What are they? How do they work? MCA 72-6-121
2. What is Real Property? MCA 70-1-106
a. We insure interests in real property
3. Property owned by the State MCA 70-1-202
a. What happens when title fails for lack of heirs or next of kin?
- MCA 70-1-203
4. Is a criminal judgment a lien against the defendant’s property?
a. MCA 46-18-601
5. Does the property need to be subdivided and platted or just surveyed? MCA 76-3-207 et seq.
6. Do beneficiaries of a trust have any interest in the real property held by the trust? MCA 72-36-206
7. Can the seller avoid paying a judgment lien at closing because of a filed Homestead Exemption? MCA 70-32-101.
a. Does a non-vested spouse have to sign the conveyance instrument? MCA 70-32-301.
8. What are the judgment debtor’s redemption rights? What are junior creditors of the judgment debtors redemption rights? MCA 25-13-803(1).
9. Joint Tenancy is alive and well. How is it created? How is it terminated? MCA 70-1-307;MCA 70-20-105
a. Interest in Common? MCA 70-1-314.
10. Can a deed be conditionally delivered to a grantee? MCA 70-1-508-510.
a. But it can be delivered to a third party with conditions. MCA 70-1-511
11. Can an attorney in fact sign the name of the grantor of the power on the conveyance instrument? MCA 70-20-108.
12. How to transfer title when vested owner has changed name? MCA 70-20-109
13. Does the deed have to be recorded to convey title? MCA 70-21-102