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Senate File 2440

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 16.91, subsection 2, Code 1999, is
  1  2 amended to read as follows:
  1  3    2.  A title guaranty, closing protection letter, or gap
  1  4 coverage issued under this program is an obligation of the
  1  5 division only and claims are payable solely and only out of
  1  6 the moneys, assets, and revenues of the title guaranty fund
  1  7 and are not an indebtedness or liability of the state.  The
  1  8 state is not liable on the guaranties any guaranty, closing
  1  9 protection letter, or gap coverage.
  1 10    Sec. 2.  Section 16.92, subsection 1, paragraph f,
  1 11 subparagraph (4), Code Supplement 1999, is amended to read as
  1 12 follows:
  1 13    (4)  If after payment of the unpaid balance of the loan
  1 14 secured by the mortgage, the mortgage continues to secure any
  1 15 unpaid obligation due the mortgagee or any unfunded commitment
  1 16 by the mortgagor to the mortgagee, the legal description of
  1 17 the property that will continue to be subject to the mortgage,
  1 18 and the legal description of the property that will be
  1 19 released from the mortgage.
  1 20    Sec. 3.  Section 16.92, subsection 2, paragraph a,
  1 21 subparagraph (1), subparagraph subdivision (b), Code
  1 22 Supplement 1999, is amended to read as follows:
  1 23    (b)  The statement contains the legal description of the
  1 24 property to be released from the mortgage and the legal
  1 25 description of the property that will continue to be subject
  1 26 to the mortgage.
  1 27    Sec. 4.  Section 16.92, subsection 3, paragraph d,
  1 28 subparagraph (2), Code Supplement 1999, is amended to read as
  1 29 follows:
  1 30    (2)  A statement that the certificate is a partial release
  1 31 of the mortgage, and the legal description of the property
  1 32 that will be released from the mortgage, and the legal
  1 33 description of the property that will continue to be subject
  1 34 to the mortgage.
  1 35    Sec. 5.  Section 16.92, subsection 7, Code Supplement 1999,
  2  1 is amended to read as follows:
  2  2    7.  PRIOR MORTGAGES.
  2  3    a.  If the real estate lender or closer has notified the
  2  4 division that a mortgage has been paid in full by someone
  2  5 other than the real estate lender or closer, or was paid by
  2  6 the real estate lender or closer under a previous transaction,
  2  7 and an effective release has not been filed of record, the
  2  8 division may execute and record a certificate of release
  2  9 without certification by the real estate lender or closer that
  2 10 payment was made pursuant to a payoff statement and the date
  2 11 payment was received by the mortgagee.  A certificate of
  2 12 release filed pursuant to this subsection is subject to the
  2 13 requirements of subsection 2, paragraph "c".
  2 14    b.  For purposes of this subsection, an effective release
  2 15 has not been filed of record if there appears that a mortgagee
  2 16 in the record chain of title to the mortgage has not, either
  2 17 on the mortgagee's own behalf or by the mortgagee's duly
  2 18 appointed servicer or attorney in fact as established of
  2 19 record by a filed servicing agreement or power of attorney,
  2 20 filed of record either an assignment of the mortgage to
  2 21 another mortgagee in the record chain of title to the mortgage
  2 22 or a release of the mortgagee's interest in the mortgage.  For
  2 23 the purposes of this subsection and subsection 2, paragraph
  2 24 "c", "mortgage servicer" includes a mortgagee for which an
  2 25 effective release has not been filed of record as provided in
  2 26 this paragraph.
  2 27    Sec. 6.  NEW SECTION.  16.93  CLOSING PROTECTION LETTERS.
  2 28    1.  The authority through the title guaranty division may
  2 29 issue a closing protection letter to a person to whom a
  2 30 proposed title guaranty is to be issued, upon the request of
  2 31 the person, if the division issues a commitment for title
  2 32 guaranty or title guaranty certificate.  The closing
  2 33 protection letter shall conform to the terms of coverage and
  2 34 form of the instrument as approved by the division board and
  2 35 may indemnify a person to whom a proposed title guaranty is to
  3  1 be issued against loss of settlement funds due to only the
  3  2 following acts of the division's named participating attorney
  3  3 or participating abstractor:
  3  4    a.  Theft of settlement funds.
  3  5    b.  Failure by the participating attorney or participating
  3  6 abstractor to comply with written closing instructions of the
  3  7 person to whom a proposed title guaranty is to be issued
  3  8 relating to title certificate coverage when agreed to by the
  3  9 participating attorney or participating abstractor.
  3 10    2.  A closing protection letter shall only be issued to a
  3 11 person to whom a proposed title guaranty is to be issued for
  3 12 real property transactions in which the division has committed
  3 13 to issue an owner or lender certificate and for which the
  3 14 division receives a premium and other payments or fees for a
  3 15 title guaranty certificate or other coverage.
  3 16    3.  The division board shall establish the amount of
  3 17 coverage to be provided and may distinguish between classes of
  3 18 property including, but not limited to, residential,
  3 19 agricultural, or commercial, provided that the total amount of
  3 20 coverage provided by the closing protection letter shall not
  3 21 exceed the amount of the commitment or title guaranty to be
  3 22 issued.  Liability under the closing protection letter shall
  3 23 be coextensive with liability under the certificate to be
  3 24 issued in connection with a transaction such that payments
  3 25 under the terms of the closing protection letter shall reduce
  3 26 by the same amount the liability under the title guaranty
  3 27 certificate and payment under the title guaranty certificate
  3 28 shall reduce the liability under the terms of the closing
  3 29 protection letter.
  3 30    4.  The division may adopt a required fee for providing
  3 31 closing protection letter coverage.
  3 32    5.  The division shall not provide any other coverage which
  3 33 purports to indemnify against improper acts or omissions of a
  3 34 person with regard to escrow, settlement, or closing services.
  3 35    6.  The authority shall adopt rules pursuant to chapter 17A
  4  1 as necessary to administer this section.  
  4  2                           EXPLANATION
  4  3    This bill allows the Iowa finance authority through the
  4  4 title guaranty division to issue a closing protection letter
  4  5 to a person to whom a proposed title guaranty is to be issued,
  4  6 upon the request of the person, if the division issues a
  4  7 commitment for title guaranty or title guaranty certificate.
  4  8 The bill provides that the closing protection letter may only
  4  9 indemnify a person to whom a proposed title guaranty is to be
  4 10 issued against loss of settlement funds due to the theft of
  4 11 settlement funds and the noncompliance with written closing
  4 12 instructions relating to title certificate coverage.
  4 13    The bill provides that a closing protection letter shall
  4 14 only be issued to a person to whom a proposed title guaranty
  4 15 is to be issued for real property transactions in which the
  4 16 division has committed to issue an owner or lender certificate
  4 17 and for which the division receives a premium and other
  4 18 payments or fees for a title guaranty certificate or other
  4 19 coverage.
  4 20    The bill provides that the division may establish fees and
  4 21 the amount of coverage which shall not exceed the amount of
  4 22 the commitment or title guaranty to be issued.
  4 23    The bill prohibits the division from providing any other
  4 24 coverage which purports to indemnify against improper acts or
  4 25 omissions of a person with regard to escrow, settlement, or
  4 26 closing services.
  4 27    The bill provides that a title guaranty, closing protection
  4 28 letter, or gap coverage issued by the division is an
  4 29 obligation of the division and not an indebtedness or
  4 30 liability of the state.
  4 31    The bill provides that, in the context of prior mortgages,
  4 32 an effective release has not been filed of record if there
  4 33 appears that a mortgagee in the record chain of title to the
  4 34 mortgage has not filed of record either an assignment of the
  4 35 mortgage to another mortgagee in the record chain of title to
  5  1 the mortgage or a release of the mortgagee's interest in the
  5  2 mortgage.  
  5  3 LSB 5305SZ 78
  5  4 tm/as/5
     

Text: SF02439                           Text: SF02441
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