Wisconsin Contact List
Put your trust in the professionals that put you first. Meet the key players who are committed to providing the necessary resources and underwriting guidance you need, and the service solutions that give you an edge.
Product, Service, and Administrative Support
Don Kennedy
Division Managing Director 714 788 4908 dokennedy@firstam com
Underwriting Support
Marv Ripp
VP, State Counsel
608 286 3202 mripp@firstam com
Allison Kalweit
Underwriting Counsel
608 346 5135 akalweit@firstam com
Ben Smaglick
Agency Representative 608 345 3902 bsmaglick@firstam com
Agent Underwriting Divisional Leadership
Len Prescott, Esq. VP, Director of Agency Underwriting
305 908 6252
305 900 8427
Steve Zablocki
Senior Underwriting Counsel
608 286 3224 szablocki@firstam com
Julie Angelakos
Regional Underwriting Director
630 799 7123 jangelakos@firstam com
Randy Paslay VP, Divisional Underwriting
714 250 8607
951 529 4664
Affidavit of Interest
Steve Zablocki, Senior Underwriting Counsel
Occasionally, we see odd documents recorded in the chain of title. Sometimes they make sense and sometimes, not so much. You may come upon an “Affidavit of Interest”. It may be the by-product of a failed sale or may be a dispute or claim to title
In general, the recorded affidavit is not a lien There isn’t a statutory process to permit someone to simply make a “demand” in their recording. Rather, liens contain specific statutory methods to perfect Rather, the “Affidavit of Interest” is like a lis pendens in a foreclosure. You are being informed that someone has a right to something. It may be wholly self-serving. It may be genuine If it is recent, we need to put eyes on the issue.
If it has been more than 6 years, it may be something where the party recording the Affidavit no longer has the right to enforce an offer to purchase. It may be something where the Seller simply records another Affidavit reciting that the interest was terminated We’ve seen property flippers record “Affidavits of Interest” then later disappear. It may be used as a means to force a quick settlement It may be something altogether different
Whatever the case, an Affidavit of Interest may cause frustration Each set of facts will vary. If you see one, give your First American Underwriter a call. We will come up with a game plan to address your specific facts.
Customers who celebrate “early”
Steve Zablocki, Senior Underwriting Counsel
What happens when a customer appears at closing and it appears they have started celebrating “early”? That is, the mortgagor or seller are visually intoxicated. With the holidays fast approaching, now is the time to pay attention
Special care is advised If the seller or mortgagor is incoherent, the transaction must be postponed. A notary has the authority to refuse to perform a notarial act where the individual signing lacks capacity and is not competent ¹ If the party isn’t in a state to know or appreciate their surroundings, proceeding with the closing is a bad idea. You can sure bet if there is a later foreclosure or seller’s remorse, the party will use their inebriated state as a defense
What to do? Maybe serve a cup of coffee and give the party time. It likely depends on the state and extent of their situation. It may be, for better or worse, that the whole closing is
cancelled for the day If there are repeated instances, it may be that the transaction never closes.
It gets even more difficult where the use may be illicit drugs It may be that through actions, behavior or speech that the seller or mortgagor “isn’t quite there” It may require you to ask additional questions. If things don’t feel right, chances are, they aren’t. Call underwriting and document your file. Make sure your impressions of the situation are sufficiently recorded
As a reminder, one of the covered risks in a title insurance policy is that the seller or mortgagor have the required legal competence or capacity necessary for the transaction.² What happens when that competence is limited or curtailed by alcohol or another substance? We’d rather not find out
¹ Wis. Stat. §140.08(1)(a)
² ALTA LOAN & OWNER’S POLICY COVERED RISK 2(a)(i)
Check your commitment
Steve Zablocki, Senior Underwriting Counsel
Occasionally, we get caught up in our day to day work We may lose track of time and some of the smaller details. No doubt, it’s a busy week. We have commitments and polices to issue. We have deadlines and expectations. Sometimes software gets updated It may be that you have a change in your production or need to train a new employee
Whatever the case, sometimes things happen. When you issue a commitment, it is an invitation to a contract The contract is the policy As such, your commitment must contain the necessary requirements and exceptions
Are your requirements set up properly? Are all interests addressed? It may be that an estate is acting You will need to require the letters of appointment Does your commitment recite the right conveyances? Does the conveyance requirement include the need for inclusion of a life tenant?
Are all of your standard exceptions intact? If you issue a policy without a standard exception, then those matters will be insured. Check to see that they are included in your commitment form. The last thing you need is for a commitment to be issued where the extent of the offered coverage is well beyond what is intended
Are your title exceptions consistent with industry standards? Did the customers request that any exceptions be removed? Were you able to verify that removal made sense? Frequent audits to your processes and procedures will ensure you are in compliance
If you have any questions about what should or should not be included in your commitment, contact your First American underwriter
Religious Organizations
Allison Kalweit, Associate Underwriting Counsel
While transactions involving business entities are common, there is one type that causes some confusion: religious organizations. One problem is whether the individual congregation owns the property or the governing body. Another is who has the authority to represent the organization in real estate transactions.
When insuring a transaction that involves religious organizations, a careful examination must be done to determine the legal structure, ownership, governing authorities, status of title, and properly documented and certified authority of the church
Some religious organizations and churches are incorporated and are treated like any other corporation. When selling, title should be vested in the corporation. Documentation is needed to confirm the organizational structure of the group as well as their standing in Wisconsin.
Some churches, such as the Catholic Church, are organized as sole corporations Here, the bishop or other church official has the authority to sign Unincorporated churches typically have title vested in the trustees of the church. Chapter 187 of Wisconsin Statutes – Religious Societies has special rules for several churches.
When purchasing real property, a church may request a “trust clause.” This clause allows higher governing bodies like dioceses to have an interest in the property while a local group holds the property “in trust ” Even when this clause is not contained in any title vesting document the provision may still be active When the property is sold, documentation will be required to show authority to sell the property from the higher governing body
When insuring a transaction involving a church corporation, confirmation must be obtained showing the corporation exists and is in good standing in Wisconsin. Additionally, it is necessary to confirm the person signing on behalf of the corporation has the authority to do so. This can be done by reviewing articles of incorporation, by-laws, and corporate resolutions executed by the board of directors.
Each religious organization is uniquely structured Sometimes the difference between different religious organizations is as simple as one word In transactions where one party is a church, please reach out to your First American Wisconsin Underwriting Team, we can help you determine the type of religious organization you are dealing with, how this group holds title, and what authority is necessary.
Product Highlights
Don't let fraudsters ruin your holiday weekend! Learn ways to keep your teams Cyber Smart!
Upcoming Webinars
Residential Endorsements
December 4th, 2024 | 9:00am – 10:00am CST
REGISTER HERE
To review previous webinar recordings, visit AgentNet® Knowledge
2025 WI Webinar Series
We would love your feedback - Submit Topic Suggestions Here
Happy Holidays!
During the holiday season, our thoughts turn gratefully to our Agents like you We would like to express our sincerest appreciation for the trust and partnership you have placed in us and best wishes for the holidays and New Year.
In gratitude, your friends at First American Title.
