Title & Escrow Terms

Affidavit: A written statement or declaration, sworn to before an officer who has authority to administer an oath.

CC&R’s (Covenants, Conditions, and Restrictions): A term used in some areas to describe the restrictive limitations which may be placed on the property. In other areas, only called restrictions.

Conveyance: Transfer of title to land. Includes most instruments by which an interest in real estate is created, assigned, or mortgaged.

Easement: A right created by grant, reservation, agreement, prescription, or necessary implication, which one has in the land of another.

Encroachment: Generally, construction onto the property of another, as of a wall, fence, building, etc.

Encumbrance: A claim, lien, charge or liability attached to and binding real property. Any right to, or interest in, land which may exist in one other than the owner, but which will not prevent the transfer of fee title.

Hypothecate: To pledge or mortgage without delivery of the security to the lender.

Ingress and Egress: A right to enter upon and pass through land.

Intestate: Without leaving a will, or leaving an invalid will, so that the property of the estate passes by the laws of succession rather than the direction of the deceased.

Probate: The court process by which a will is proved valid or invalid. The legal process wherein the estate of a decedent is administered.

Testate: Having written a last will and testament.

Trustee: An individual given control or powers of administration of property in trust with a legal obligation to administer it solely for the purposes specified.

Disclaimer: The above is for informational purposes only. The Company assumes no legal liability or responsibility for the accuracy.

Ohio Good Funds Law

For Ohio real estate transactions, effective April 6, 2017, the following are the only form of funds a settlement agent may collect and disburse on in connection with a residential real estate transaction:

1. Wire Transfers
2. Checks: Personal, Business, Certified, Cashier’s, Official Check or Money Order. The combined dollar amount of these items cannot exceed $1,000.00
3. Automated Clearing House (ACH) Transfers and checks from the United States, the State of Ohio, or Ohio municipalities
4. Checks from a real estate broker’s escrow/trust account

The practical effect of this new requirement means that if any Ohio borrower is required to bring more than $1,000.00 to the closing table then those funds must be a wire transfer.

Certified or cashier’s checks for more than $1,000.00 will not be accepted.

Please refer to the OhioGoodFundsLawFAQ about this new requirement.


Conservatorship is a court-approved and court supervised legal relationship between a competent adult (known as a conservator or guardian) and an adult who needs assistance in decision-making. The person who needs assistance is referred to as a Ward in legal documents.

 An individual with intellectual or developmental disabilities may need a conservator if:

 He/She does not understand how to manage finances.

 He/She needs medical care or other services that will not be provided unless there is a clear understanding about the person’s legal capacity to consent.

 He/She is making decisions which greatly endanger him/herself or others.

 He/She has not executed a Durable Power of Attorney that allows others to act on His/Her behalf.

Conservatorship is sometimes described as conservator of the person or conservator of the estate.

In conservatorship of the person, the individual needs a conservator to decide personal issues. These decisions may include where to live, consent for medical treatment, work, travel and other areas.

A conservator of the estate usually has power over the individual’s finances, including income or assets, not the individual’s personal matters. The conservatorship is based on the person’s inability to manage assets or property.

Each state has its own legal procedures or processes in determining the need for a conservatorship. There is no uniform national conservatorship law. The process will generally include filing a petition with the appropriate court, review of the petition by the court, notice to applicable parties, a court hearing, and entry by the court of an order of conservatorship. The conservator will be required to provide an inventory of the ward’s assets and report the assets to the court. When the ward has assets that must be maintained, the conservator may obtain authority from the court to manage and control the ward’s assets.

A conservator may file a petition to mortgage the ward’s real estate and provide the court with the reasons for the mortgage. After appropriate notice and hearings, the court may enter an order authorizing the conservator to mortgage the real estate owned by the ward and described in the petition. If granted, the order will provide that the conservator has the authority to execute any necessary mortgage documents on the Wards behalf.

 If a conservator is appointed, a copy of the court order must be provided to the title company. Careful attention should be paid to the contents of the order as the title company will rely on the terms of the order to approve the real estate transaction. The title company will generally require a certified copy of the court order and will record the certified copy as an exhibit to any mortgage(s).

Disclaimer: The above is for informational purposes only. The Company assumes no legal liability or responsibility for the accuracy.

TitleFlex Mobile App

We are excited to announce that you can now use your TiteFlex account on your mobile device. Connect to one of the nation’s largest databases of recorded property data with Data Tree Mobile.

Click here to download the Data Tree Mobile app on your iPhone.



See you in New York!

We look forward to seeing you in

– Rob, Megan, Mitch, Krystal, Josalyn and Adan

Western Regional NRMLA Meeting & Expo

Allegiant Reverse Services Sales, Management, and Operations staff will be attending the upcoming industry meeting and expo in Huntington Beach.  Click below for more information and to register for the event. See you there!

New Flyer Available – Power Of Attorney

We are pleased to inform you that a new educational flyer has been added to our list of available documents. Our library currently includes:

-Rate Calculator Guide
-Spotting Elder Abuse and Fraud
-Signing by Mark
-Power of Attorney Fraud
-Checklist for a Smooth Closing
-New!Power of Attorney

To request a copy of any of the available documents please click here

ARS is Approved with Secure Insight

The security of you and your borrowers is our top priority.   Allegiant Reverse Services, a division of FNC Title Services, LLC  has been Trusted and Verified by Secure Insight. We are also ALTA Best Practices certified. These approvals are proof of our commitment to protect the privacy and security of our lenders and borrowers. Secure Insight is the first company to offer a standardized risk management process.  This process delivers the most advanced closing fraud analysis in the industry, meeting all federal risk management  requirements for third-party vetting of vendor relationships as outlined by CFPB, OCC, HUD, FDIC, Fannie Mae, Freddie Mac and the National Credit Union Administration.

Secure Insight’s Mission is to be the leading provider of vetting, monitoring and nationwide reporting of closing professional identity, background and credentials to the mortgage banking industry.

All closing agents completing the Secure Insight vetting process, including ARS, agree to adopt the Best Practices outlined on our website. Click HERE to read about the Secure Insight and ALTA Best Practices process and requirements. 

You will find our Secure Insight approval under FNC Title Services, LLC. Please don’t hesitate to reach out if you have any questions or concerns regarding this or anything else.


 FNC Certificate

  Standards and Best Practices for Closing Agents v6

Eastern Regional NRMLA Meeting & Expo

Allegiant Reverse Services Sales, Management, and Operations staff will be attending the upcoming industry meeting and expo in New York City.  Swing by our booth for a refreshing approach to the conference. Click below for more information and to register for the event.


Reverse Mortgage Title Firm Expands in Texas

Allegiant Reverse Services, a provider of title and other closing services for reverse mortgage borrowers, announced the opening of a new office in Frisco, Texas on Tuesday.

“We have expanded Allegiant’s footprint to one of the fastest-growing markets in the country, and we couldn’t be more pleased,” said Rob Awalt, Allegiant’s president and CEO, in a release.

Data from Reverse Market Insight, Inc. backs up Awalt’s assessment in the early stages of 2017: New home equity conversion mortgage endorsements in the nearby Fort Worth market were up 90.6% in January 2017 as compared to the same time in 2016, with a 56.7% spike in Dallas over the same period.

Allegiant, a subsidiary of the Rockville, Md.-based FNC Title Services, LLC, also maintains offices in Rockville and Houston.

To read the complete article from Reverse Mortgage Daily, click here.