Q. Well here is another question for the TITLEMAN. Does the lien of a judgment attach to the real estate acquired by the judgment debtor, after the date of the entry of the judgment (i.e. do judgments attach to future acquire property)?

A. Yes, Arizona judgments that record in the County records become “judgment liens” on existing and future acquired assets of the debtor- so long as it is valid (i.e. certified by Superior Court, renewed as required by statute, etc.)

Q. My wife and I were married about two years ago. She sold her home and moved into mine. There are still loose ends we need to tie up. One of them is getting her on the deed to our home. I know that a “quit claim deed” needs to be filed with the county recorder. This seems like a very straightforward, simple process. Is this something we can do ourselves without involving a lawyer (and thus without the cost of a lawyer)? Are there any pitfalls we need to look out for and/or precautions we need to take?

A. I am glad to see you have questions. For one, the transferring of title could possibly cause a termination of your title policy, which I assume you obtained when you bought the home. You should review your policy to determine what it says about that. Perhaps the title company may be willing to issue you an endorsement adding your wife unto the policy. As for the other concerns, I would suggest talking to an attorney as well as your accountant to address such things as how you want to take title, the type of deed to use and the tax effect(s) of transferring title. It does not sound like you are in the middle of a transaction wherein these matters could be dealt with through the transaction. If you can, spend the money up-front to get all your questions answered. It may be well worth it.

Q. I have an odd question on a refinance. A couple owned a piece of property. A few years later the wife dies. They held it as joint tenancy with rights of survivorship (JTWROS) so title passed to the husband. Later, the Personal Representative of the estate of the Wife, recorded a “renunciation of interest”, regarding her joint tenancy interest in the property. Since then, a new Deed of Trust recorded. Should I be ignoring the renunciation? Should I require a deed from the wife’s estate?

A. I think it is simpler than originally thought. The renunciation of interest was for the person that died- saying “I (thru the PR) renounce my interest”. Well, they had no interest to renounce pursuant to the automatic survivorship provision. Sometimes personal representatives record a document to consummate this. Could this renunciation be construed as such? I highly doubt that it was intended to terminate the JTWROS- does it say that at all? I think they were recording something unnecessary for title purposes but perhaps it is for tax/estate administrative purposes. Review the language of the renunciation document for clues.

The information supplied is of a general nature and should not be relied upon as legal advice. You should consult with your own legal counsel. To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.

Copyright, John T. Lotardo. All rights reserved. John Lotardo (aka the TITLEMAN™) is Senior Vice-President and General Counsel for Stewart Title & Trust of Phoenix, Inc., and State Underwriting Counsel for Stewart Title Guaranty Company. He is a member of the National Advisory Councils for GoGetEscrow.com, GoGetLoan.com, GoGetNotary.com and GoGetRealEstate.com. For more about John, visit: www.GoGetEscrow.com/Get/Titleman or www.AskTheTitleman.com.