Don't get stuck with a stapler ... Give Omaha Title & Escrow a call today

Working in an office the movie Office Space is often talked about and quoted.   Remember Milton and his stapler? 

 Bill: "Milt, we're gonna need to go ahead and move you downstairs into storage B. We have some new people coming in, and we need all the space we can get. So if you could just go ahead and pack up your stuff and move it down there, that would be terrific, OK?" 
Milton: "Excuse me, I believe you have my stapler... "  Don't get stuck with a Milton.

New Staplers for everyone ... wait, how about no more staplers?  Getting excited?  We are excited about new technology this year, and can't wait to tell you about it.   Omaha Title is going green with our iPhone/iPad app, Android mobile app and our mobile website.  Did you also know our title department is completely paperless, and this year our escrow file will be paperless as well?  Access your files the way you want anytime anywhere. 

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Contract reminder of the month - February 2012

Heartfelt Legals

Does your heart skip a beat when you have to amend a purchase agreement for preventable clerical mistakes?  An agreement for the sale of real property is unique in the eyes of the law and thus the requirements to have an enforceable purchase and sale agreement for real property are significant.  Among other requirements, the statute of frauds requires an agreement to contain a legally enforceable description of the real property.  Agreements for the sale of real property that fail to comply with the statute of frauds are unenforceable.  The reason behind this rule of law is to prevent individuals or entities from fraudulently claiming they entered into a real estate sales contract.

Real property, as distinguished from personal property, can be loosely defined as land.  Real property encompasses the surface and everything attached (that is, Buildings), everything below the surface (such as minerals) and the airspace above the surface up to a certain altitude.  Maintaining accurate property records and conveyances requires a uniform methodology for physically describing real property across different jurisdictions.

The listing agreement is a contract between the seller and the listing broker.  It sets out the conditions of the listing and begins the foundation for the sale.  While the details of the agreement should be negotiated, a listing agreement for land and improvements must include an accurate legal description.  The county websites do not always provide a complete or correct legal description.  You can find useful and accurate listing information by contacting Omaha Title.  You can submit a request to our team at ts_listinginfo@omahatitle.com.  Include the property address, County, specific information you are looking for, need by date, your name and email address.  Your heart will be happy to find out that Omaha Title provides listing information for no cost.

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Endorsement of the month - February 2012

Keep your property "healthy" with the Commercial Environmental Protection Lien Endorsement (ALTA Endorsement 8.2-06)  This endorsement insures against existing recorded federal and state environmental protection liens.

ALTA Endorsement 8.2-06 (Commercial Environmental Protection Lien) (10/16/08)

ENDORSEMENT

Attached to Policy No.

Issued by

STEWART TITLE GUARANTY COMPANY

The Company insures against loss or damage sustained by the Insured by reason of an environmental protection lien that, at Date of Policy, is recorded in the Public Records or filed in the records of the clerk of the United States district court for the district in which the Land is located, unless the environmental protection lien is set forth as an exception in Schedule B.

This endorsement is issued as part of the policy.  Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance.  To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls.  Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements.

STEWART TITLE GUARANTY COMPANY

Copyright 2006-2011 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.

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