Friday, February 2, 2018

Divesting of Title

Learned this little tidbit today on title in chancery for title insurance purposes.  If title is divested by Court order, the title insurance companies will not insure it if the order does not have the language that title is vested in one party and divested from another.  The order also has to specifically state that the title is divested pursuant to Rule 70 of the Mississippi Rules of Civil Procedure. 

Normally a quit claim deed would prevent any of these issues.  In the rare case a court order is all there is, the above will have to be used.

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