Title Tale: Deadlock in Title, The Missing Death Certificate Problem

Written by: Mylene Marcelo, Title Manager/Title Officer

One of the most common issues we continue to encounter in title and curative is the missing death certificate. While it may seem like a routine document request, the death certificate often becomes critical to establishing clear and insurable title especially in files involving survivorship rights, deceased borrowers, trusts, inherited property, and probate-related matters.

The challenge is that recording requirements vary significantly by state and sometimes even by county.

For example, in Butler County, Alabama, death certificates are generally not recorded as standalone instruments, and an Affidavit of Death may be recorded together with a redacted certified copy of the death certificate. In Chippewa County, Michigan, an affidavit together with a copy of the death certificate may be acceptable but other counties will require certified or original copy. In Jackson County, Missouri, an original death certificate is required for recording and in Franklin County, Ohio, the county auditor will require the original death certificate as part of the process.

It is important to know that County recording requirements may also change over time depending on how instruments are indexed, recorded, or reviewed within the local recording system. Some counties may update their recording standard requirements based on grantor/grantee indexing practices, legal description requirements, assessor integration, fraud prevention measures, or recording system updates. Because of this, title and our recording teams are continually reviewing and updating requirements as counties revise their recording practices and acceptance standards to avoid recording delays and rejections.

A recent Florida transaction highlighted how important this issue can become. In that file, property was held by joint tenants with survivorship rights. After one owner passed away, the county would not accept the Affidavit of Deceased Joint Tenant for recording without the original death certificate or a certified copy. The issue arose when the borrower refused to provide the death certificate. Without the death certificate, the affidavit could not be recorded, the deceased owner’s interest remained outstanding in the public records, and title could not fully reflect vesting into the surviving joint tenant. As a result, the interest remained unresolved from an insurability standpoint.

This is important because recording the survivorship affidavit together with the death certificate helps transfer the deceased owner’s interest into the surviving joint tenant and updates the public chain of title accordingly, including assessor records. Although files may contain obituaries, family affidavits, or online notices, these documents generally do not replace the legal reliability of a certified death certificate for recording and underwriting purposes. In Attorney state that requires an opinion letter, it is always a requirement. While it may appear to be “just another condition,” the death certificate often becomes one of the most important documents needed to properly clear title and avoid future ownership or underwriting concerns.

If you have any questions or doubts regarding recording requirements involving death certificates, survivorship affidavits, or related estate documentation, we encourage you to reach out to your favorite escrow team for guidance.

April Calculator Updates

We are constantly updating to reflect any increases or decreases in state fees or underwriter changes to ensure you are pulling accurate quotes each time. Our calculator has been updated to reflect fee changes in the following state(s):

 

-Kentucky

-Texas

-West Virginia

 

Conveniently get a quote any time, day or night, by simply and accurately inputting the required information and let our interactive fee calculator do the rest. Please call 844-808-8299 or email Solutions@AllegiantReverse.com for further details or for a quote.

April Webinars

Fraud Prevention

CRMP Certified – Advanced

Thursday, April 9, 2026

10:00 am PST

Click here to register.

 

Manufactured Homes

Wednesday, April 15, 2026

10:00 am PST

Click here to register.

 

StewartNow Property Profiles/How to Customize Data Lists with TitlePro 247

Wednesday, April 22, 2026

10:00 am PST

Click here to register.

Escrow Corner: ARS Borrower’s Authorization Form

Most lenders and banks require our company specific borrower’s authorization form. Click here to download the ARS Borrower’s Authorization form. A copy of this form is also included in our order confirmation email and available for request on our website. Click here to review and request documents, flyers, and forms.

 

We recommend having this form completed for every open order if there are any liens. Without it we cannot request a payoff. It is important to note that e-signatures are not always accepted and a copy with a wet signature may be required.

Stewart Title Named as a Forbes Best Large Employer

 

Stewart was included in Forbes America’s Best Large Employers 2026 List. About the award, Fred said, “The best companies are vision-driven and our vision is clear – to be the most respected title company in the industry. Recognition like this reflects the strength of our people and our culture. A culture committed to being a destination for top talent where our employees can build long-term careers, do meaningful work, and make a real impact. We continue to invest in our people and our infrastructure because long-term success requires a strong foundation to seize the opportunities ahead of us.”

 

Last year Stewart Title was named to two other Forbes lists: America’s Best Employers for Company Culture 2025 and America’s Best Employers for Women 2025.

Title Tale: The Final Check That Protects Your Loan

Written by: Mylene Marcelo, Title Manager/Title Officer

 

Most files look clean—right up until the moment they’re ready to fund. Everything is moving along, conditions are cleared… and then something new shows up.

 

It could be a lien or judgment recorded overnight, a bankruptcy filing that wasn’t there earlier, or even an unannounced deed that changes vesting at the last minute.

 

We also see situations where the legal description doesn’t fully line up with the appraisal report—especially when the appraisal hasn’t been shared with us. In some cases, this comes down to simple but impactful issues like clerical errors in the legal description or an incorrect parcel identification number, which can affect what is actually being insured and may require clarification before funding.

 

In Florida, timing can be especially tricky. A Notice of Commencement filed by the borrower can surface during the final title update, creating potential lien exposure that needs to be addressed before closing. In certain attorney states—such as North Carolina, South Carolina, Massachusetts, and Georgia—additional complexities can arise. Outstanding interests may be addressed through an attorney opinion letter, and in Georgia, even a recorded deed can present issues if attestation requirements are not properly met. These scenarios often require coordination and legal review before a file can move forward.

 

You might wonder why these items aren’t identified earlier in the process. The reality is, many of these matters are recorded at the last minute—or the discrepancies only become clear upon final review—and simply do not appear in earlier searches. The final title update—the “date down”—is designed to catch exactly these types of changes in real time, just before funding.

 

Throughout the process—and especially leading up to funding—our team is continuously reviewing the entire file. From title to vesting to property details, we are taking that final, comprehensive look to help ensure everything is accurate, aligned, and positioned to close without issues.

 

From our side, we’re actively reviewing for: New recordings that affect title or priority,

 

Changes in vesting or ownership, Legal description errors, or County/APN discrepancies, and State-specific risks, including construction filings and attorney-driven requirements.

 

Most of the time, everything is still clear. But when it’s not, catching it at this stage helps avoid delays, surprises, and risk after closing. Because a file that starts clean isn’t what matters most—what matters is that it stays clean through funding.

Here We Grow Again!

March Calculator Updates

We are constantly updating to reflect any increases or decreases in state fees or underwriter changes to ensure you are pulling accurate quotes each time. Our calculator has been updated to reflect fee changes in the following state(s):

 

-Tennessee

-Texas

 

Conveniently get a quote any time, day or night, by simply and accurately inputting the required information and let our interactive fee calculator do the rest. Please call 844-808-8299 or email Solutions@AllegiantReverse.com for further details or for a quote.

March Webinars

Fraud Prevention

CRMP Certified – Advanced

Wednesday, March 11, 2026

10:00 am PST

Click here to register.

 

StewartNow Property Profiles/How to Customize Data Lists with TitlePro 247

Wednesday, March 18, 2026

10:00 am PST

Click here to register.

 

Download the 2026 Educational Calendar here.

Title Tale: Title Sausage

Written by: Kevin Weaver, Underwriting Counsel

“You don’t want to know how they make the sausage” is one of those wonderfully blunt expressions that saves everyone a long, awkward explanation. It means: The end product is fine. Trust me. But if you saw the messy, complicated, slightly alarming process behind it, you might lose your appetite.

The phrase is often attributed to Otto von Bismarck, who supposedly warned that laws are like sausages—better not to see them being made. Whether he actually said it or not, the image sticks. Grinding. Mixing. Stuffing. Questionable bits. Delicious result.

Now, let’s talk about title insurance—the sausage of real estate.

When you buy a house or make a loan, you receive a tidy document called a title insurance policy. It looks official, reassuring, and pleasantly boring. It says, essentially: “You own this property, and we’ll defend that ownership.” Lovely. Clean. Neat. Like a sausage on a plate.

But behind that document? Oh, that’s where the meat grinder starts humming.

Before issuing a policy, title professionals dig through decades (sometimes centuries) of records. Old deeds. Mortgages. Liens. Easements. Tax records. Probate filings. Handwritten documents from eras when penmanship was considered a competitive sport. They check for long-forgotten heirs, unpaid contractors, boundary disputes, clerical errors, and the occasional mysterious “right-of-way” that runs straight through what you thought was your future garden.

A complicated title can feel like uncovering layers of real estate archaeology. Here is a recent example from our files:

The borrower is Michael. Title is vested in Matthew, subject to a life estate in favor of Michael. In 2000, the Rhoads Family Trust takes title to the property, and by written agreement Michael has the right to live on the property. By court order, title to the property is quieted in the trust, and the court acknowledges Michael’s permissive right to live there. The trust then conveys the property to Michael, and Michael conveys it to Matthew. Matthew then sues Michael, and the court holds that Michael actually has a life estate in the property and that Matthew owes him $45,000. In 2022, the court orders the property to be sold to satisfy that $45,000 judgment. As it now stands, Matthew still owns the underlying fee simple interest, and Michael cannot consummate the loan until he regains ownership of the property.  How that is going to happen is anybody’s guess.

If you followed all that without blinking, congratulations—you may secretly be a title examiner.

To everyone else, that paragraph probably felt like reading a legal lasagna assembled by committee. But to a title company, it’s just another day. Each twist has to be analyzed: Who owns what? Who has possession? What interest survived? What was extinguished? What must be paid, released, conveyed, subordinated, or judicially clarified before a lender can safely lend?

By the time the title company hands you the final product, it’s been inspected, trimmed, seasoned, and stuffed into legal casing. What you see is a smooth guarantee. What you don’t see is the intricate, occasionally chaotic process that made it possible.

So enjoy your house . Admire your policy. And be grateful that someone else stood over the grinder.