New Revision to Title Standards Question

• Citation: Vol. 93 No. 2 Pg. 55
• Publication year: 2024
• Pages: 55

New Revision to Title Standards Question 93 J. Kan. Bar Assn 2, 55 (2024) Kansas Bar Journal April 2024

Title Standards

By the KBA Title Standards Committee

6.15 Deeds From Trustees

Problem: There is on record a deed or other instrument that vests title in a certain named trustee or named trustees of the John Doe Trust. Your client is purchasing or taking an interest in the real estate from the original trustee or trustees of this trust or any successor trustee or trustees. What should be your requirements?

Standard 6.15: If the client is a bona fide purchaser, the client acquires all of the rights in the real estate that the trustee and beneficiary of the trust had, and any rights of persons claiming by, through or under them, free and clear of any adverse claims of which the bona fide purchaser did not have notice. A bona fide purchaser is a purchaser for value in good faith and without notice any adverse claims who has relied upon a certification in accordance with K.S.A. 58(a)-1013 and delivered to the purchaser. The certification should be in substantially the following form:

Certification in re: (insert legal description)

1. The certification is in regard to the George Doe Revocable or (Irrevocable) Trust executed on ___, which is in full force and effect.

2. The Grantor (Settlor) of this trust is .

3. The currently acting...