A registered abstracter is a licensed individual who compiles or certifies abstracts of title or any part thereof to real property or prepares reports of title in the State of Nebraska. Report of title is any type of summary of facts of record affecting the title to a specific piece of land. The Supreme Court, in their decision filed March 18th, 2005, held that preparing reports of title to real property constitutes the business of abstracting for purposes of the Abstracters Act when done in exchange for a fee or other valuable consideration, making it a crime to prepare and compile abstracts or reports of title for a fee without first obtaining an abstracter's license.
The license fee for a registered abstracter is $150 due on or before April 1st of all even numbered years. All registered abstracters are required to have completed three hours of continuing education during the licensing two year period as well. Registered abstracters not employed by a holder of a Certificate of Authority is considered as "inactive" and as an inactive registered abstracter, cannot compile or prepare reports of title for a fee or other valuable consideration.
The primary requirement to become a registered abstracter in Nebraska is that the applicant must complete an application and successfully pass the exam. The law requires that applicants have one year of land title-related experience in order to be eligible to take the exam. There are no required courses of study or school that you must attend in order to qualify for the exam.
The Abstracters Board of examiners does not conduct any abstracting schools. As a tool, it is suggested that you study the Abstract manual published by the Nebraska Land Title Association. The manual must be purchased directly from the Nebraska Land Title Association. They can be contacted at P.O. Box 85362, Lincoln, Ne 68501. Another tool that is recommended for study would be the Title Standards as approved by the Nebraska Bar Association. They can be contacted at P.O. Box 81809, Lincoln, NE 68501.
The Nebraska Land Title Association also conducts seminars for abstracters that have been approved for profession development hours, as well as the Nebraska Bar Association. You may want to contact these associations to purchase their seminar manuals or inquire about any upcoming seminar they may have scheduled.
The exam for abstracters is given at least twice a year, usually in the spring (May) and fall (October). Each exam currently consists of four sections. A brief description of each section of the exam is as follows:
This Section contains questions from the text of the manual published by the Nebraska Land Title Association, together with questions from your practical experience in working with abstracts. In this section, applicants are asked to abstract entries for the compilation of an abstract of title.
This section contains several actual court files to be abstracted. These may be probate, conservatorship, or determination of inheritance tax proceedings. There may also be a number of questions pertaining to general knowledge of probate laws and County Court.
Applicants should know how to abstract proceedings such as tax foreclosures, divorce, mortgage foreclosures, quiet title proceedings, partition actions and setting out judgments, etc. All of these proceedings are filed in District Court.
This section includes a selection of legal descriptions for inclusion into abstract of particular parcels, location and plotting of descriptions on plat map; rectangular descriptions and surveys; metes and bounds description; courses and bearing; conversion of rods, links, feet, yards, etc., "lot and block" descriptions; general knowledge of legal descriptions and survey matters.
The application form is available by clicking "here". This application needs to be completed and returned at least thirty days prior to the next exam with the necessary application and examination fees totaling $100. and a passport photo of the applicant.
You will receive notification from the Board when your application is processed and approved, together with the details of when and where the exam will be given. Upon notification that the applicant has successfully passed the exam, the current license fee must be received before the license is issued.
Any individual or business entity desiring to engage in the business of abstracting in Nebraska is required to have a Certificate of Authority issued by the Abstracters Board of Examiners. The application for a Certificate of Authority must be completed by the owners or corporate officers of the applicant. In the event, the applicant is a corporation or partnership, a copy of the Articles of Incorporation or Articles of Partnership must be attached to the Application as well as a list of all individuals with an ownership interest and the percentage of that ownership interest.
The law also states that every holder of a Certificate of Authority is required to have a registered abstracter in their employ.
The application for a Certificate of Authority can be found by clicking here.
The licenses are now issued for a two year period, making the
application fee a total of $300.