How many of you guys provide word docs of your notes to the title companies? Our company policy is to only provide pdf's. We have had several title companies change our notes in the past. So now they either have to scan in the entire document or retype it. Also in my area nearly all of the local title companies remove the portion of the notes containing the surveyor information, this irritates the !@#% out of me however I can usually ID the local surveyor from the writing style. Do you guys know of any rule requiring them to include it in the notes?
WTHeck? is that some other Texas thing? Never heard of anything like that. Ever.
NEVER!!!
I print my Property Descriptions on letterhead, and if they are just so long as to complete a single page, with my signature/seal on next (last) page, I break page and include the last course and distance on the second (last) page. It amazes me how often this happens where really a 1-page description turns into a 2-page description. Don't forget to reference the sketch/survey in the description.
AND ONLY provide printed copy or pdf.
> How many of you guys provide word docs of your notes to the title companies? Our company policy is to only provide pdf's. We have had several title companies change our notes in the past. So now they either have to scan in the entire document or retype it. Also in my area nearly all of the local title companies remove the portion of the notes containing the surveyor information, this irritates the !@#% out of me however I can usually ID the local surveyor from the writing style. Do you guys know of any rule requiring them to include it in the notes?
What you're probably dealing with is yet another idiot title agent who has apparently recorded enough deeds referring to Exhibit "A" for description while failing to attach said Exhibit "A" that the title agent thinks that typing the description into the body of the deed is a great fix for that.
I don't facilitate that sort of nonsense myself. I do provide a written description in pdf format and either ascii text or formatted MSWord doc text can be extracted from that, but see that happen very seldom.
One day a gal with a lender called up asking for a doc file of a description that I'd written years ago. She told me that is was "company policy" to include the description in the body of the deed and I told her it was my company policy to discourage that and I declined her request.
Reference Sketch in Description & versa vice...
In your preamble, you can mention ...EXAMPLE: "SAID 10.01 ACRES OF LAND, AS SHOWN ON (INSERT FIRM NAME HERE) DRAWING FILE (INSERT YOUR DRAWING/PLAN/MAP/SURVEY), BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:"
It won't keep them from creative copying where they copy the notes trimming all of normal identifiers, but the reference example listed above will at least indicate the associated plat/survey with your firm name in it.
We provide text of the description pretty often in a word document with no letterhead. We prefer it to the transcription errors that once accompanied deed descriptions. Simple copy/paste for them. In our area we seldom see any mention of the surveyor's name with the description. Some title companies will attach a surveyor's certified field notes to a conveyance, but it's pretty rare. They don't screw around with our descriptions that I've seen.
>So now they either have to scan in the entire document or retype it.
With most PDFs, they can highlight/select the text and copy and paste it to a DOC. I also think there are programs that will convert a PDF back to Word. But at least with a PDF, you can prove what you actually sent them, in case they edit it and screw it up.
I'm not in Texas, and I realize that Texas field notes are unique, but...
I have a wonderful relationship with the local title companies, and I stay on friendly terms with the local title officers. I've been best friends with some of them for thirty years.
So, when I ask them for a favor, such as their description in Word, or any dockets I may need, even if it isn't their project, they send it immediately.
In return, when they ask me for a favor, such as legal descriptions in Word to save them some typing, or copies of survey drawings from years past, or a hard copy of a current survey drawing, I deliver immediately. Or if they just want advice, they know to pick up the phone or drop me an e-mail, and I will respond.
Trust me, the world is a much better place when you cooperate with people who can help you, and refer clients to you. Or not, depending on your attitude towards them.
Wait, so in Texas when you say "Field notes" you actually mean the "legal description" of the property???
That is our opinion as well. If they are going to change it they will have to get creative or retype it. I understand the argument about providing word docs and doing favors so that they can just copy and paste and other local surveyors provide word docs but I also know for a fact that the company/surveyors name etc is omitted never makes it to the recorded document.
Reference Sketch in Description & versa vice...
A copy of my template
BEING XX ACRES OF LAND OUT OF SECTION Xx, BLOCK XX, XX. SURVEY, ABSTRACT NO. XX IN XX COUNTY, TEXAS AND ALSO BEING A PORTION OF THAT CERTAIN XXX ACRE TRACT DESCRIBED IN VOLUME XX, PAGE XX OF THE XXX RECORDS OF XXX COUNTY, TEXAS; SAID XXX ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND AS SURVEYED UNDER THE SUPERVISION OF XXX IN XXX, 2014
yes
Let's just call them "Property Descriptions" 🙂
In the past, my paperwork has been changed to satisfy the offender. These people get nothing from me today.
When I have a good relationship with the title company and/or attorney, I will provide a *.wpd file with the instructions that they use it complete in its present form or not at all.
Everyone else gets a PDF.
My feelings are that if they decide to make changes to what I have created and offered to my client then I am not responsible for the results and that my certification is null and void.
Many will attach my property description to their document as the attachment.
In return for this, the title companies have been very helpful in providing me information.
😉
> yes
Just gotta be different, I suppose!
yes
😉
don't know why, it's just the tradition. we all shy away from calling it a "legal description". I guess one of the Ted Madson seminar types blew through a years ago and convinced us all we were practicing law without a license if we used that term. (just guessing).
I do not give out WORD formats to title companies, nor have I ever been asked. I have been asked by my O&G clients, and I happily oblige them.
That's why I won't eat at Legal Seafood or use legal pads.
damn lawyers
As always it depends, if you do a lot of ALTA's like Bruce does it is not uncommon for the title company to request a word document of the property description. One reason is that most reviewing attorneys require the description in the Title Commitment to match exactly with the description on the survey. I don't have a problem with sending them to make sure they match.
Check your Texas Copyright provisions maybe ?
Cheers,
Derek