A payoff deed issued pursuant to subsection B of this section is entitled to recordation and, when recorded, constitutes a payoff deed issued pursuant to subsection A of this section.į. Any delegation pursuant to this subsection does not relieve the title insurer from any liability pursuant to this section.Į. ![]() The title insurer or a duly appointed attorney-in-fact of the title insurer shall execute the payoff deed. A statement that the title insurer has actual knowledge that the monies due under the contract have been paid in full.ĭ. The date of recording and docket and page number or recording number of the contract.Ħ. The name of the original purchaser and any successors in interest of record of that purchaser.Ĥ. The name of the original account servicing agent and the successors in interest of the account servicing agent if of record or if known to the title insurer.ģ. The name of the original seller and the seller's successors in interest of record.Ģ. The payoff deed prescribed by subsection B of this section shall set forth all of the following:ġ. Any person who received payment in full of the monies due under the contract according to the records of the title insurer at the address shown in the title insurer's records.Ĭ. The seller of record and the seller's respective successors in interest of record at their last known addresses shown of record.ģ. ![]() At least thirty days before issuing and recording a payoff deed pursuant to this subsection, the title insurer shall mail notice of its intention to record the payoff deed and a copy of the payoff deed by certified mail with postage prepaid and return receipt requested to all of the following:ġ. For a contract that provides for a purchase price obligation of one million dollars or less exclusive of interest, if a seller does not deliver a payoff deed pursuant to subsection A within sixty days of payment in full of all monies due under the contract, a title insurer as defined in section 20-1562 may prepare, execute and record a payoff deed. The deed shall be entitled " payoff deed", shall state that it is being delivered to consummate a contract and shall include the docket and page number or recording number of the contract.ī. A seller who is entitled to payment and who receives full payment of all monies due under the contract shall deliver to the person who made full payment a payoff deed that conveys to the purchaser the real property described in the contract. Conveyance by seller payment in full payoff deedĪ. The property recovered shall be subject to payment of the debts of decedent as other property in custody of the personal representative.33-750. ![]() The personal representative is not bound to bring the action unless the creditors pay such part of the costs and expenses of the action, or give such surety to the personal representative therefor as the court on application by the creditors may direct.ĭ. When there is a deficiency of assets in custody of a personal representative, and decedent in his lifetime has conveyed or transferred property, or any rights or interests therein, with intent to defraud creditors, or to avoid a right, debt or duty of any person, or has conveyed or transferred the property so that the conveyance or transfer by law is void or voidable as against creditors, the personal representative shall commence and prosecute an action for the recovery of the property for the benefit of the creditors, and shall recover property which has been so conveyed or transferred, whatever may have been the manner of the conveyance or transfer.Ĭ. The right to recover this property, so far as necessary for the payment of unsecured debts of the decedent, is exclusively in the personal representative.ī. ![]() The property liable for the payment of unsecured debts of a decedent includes all property transferred by him by any means which is in law void or voidable as against his creditors and subject to prior liens. Power to avoid transfers action to set aside fraudulent conveyancesĪ.
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