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Senate File 425

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 16.1, subsection 39, Code 2001, is
  1  2 amended to read as follows:
  1  3    39.  "Title guaranty policy" means a guaranty policy
  1  4 against loss or damage caused by defective title to real
  1  5 property.
  1  6    Sec. 2.  Section 16.2, subsection 1, unnumbered paragraph
  1  7 2, Code 2001, is amended to read as follows:
  1  8    A title guaranty division is created within the authority.
  1  9 The powers of the division relating to the issuance of title
  1 10 guaranties guaranty policies are vested in and shall be
  1 11 exercised by a division board of five members appointed by the
  1 12 governor subject to confirmation by the senate.  The
  1 13 membership of the board shall include an attorney, an
  1 14 abstractor, a real estate broker, a representative of a
  1 15 mortgage-lender, and a representative of the housing
  1 16 development industry.  The executive director of the authority
  1 17 shall appoint an attorney as director of the title guaranty
  1 18 division who shall serve as an ex officio member of the board.
  1 19 The appointment of and compensation for the division director
  1 20 are exempt from the merit system provisions of chapter 19A.
  1 21    Sec. 3.  Section 16.3, subsection 15, Code 2001, is amended
  1 22 to read as follows:
  1 23    15.  The abstract-attorney's title opinion system promotes
  1 24 land title stability for determining the marketability of land
  1 25 titles and is a public purpose.  A  public purpose will be
  1 26 served by providing, as an adjunct to the abstract-attorney's
  1 27 title opinion system, a low cost mechanism to provide for
  1 28 additional guaranties of real property titles in Iowa.  The
  1 29 title guaranties guaranty policies will facilitate mortgage
  1 30 lenders' participation in the secondary market and add to the
  1 31 integrity of the land-title transfer system in the state.
  1 32    Sec. 4.  Section 16.5, subsection 15, Code 2001, is amended
  1 33 as follows:
  1 34    15.  Through the title guaranty division, make and issue
  1 35 title guaranties guaranty policies on Iowa real property in a
  2  1 form acceptable to the secondary market, to fix and collect
  2  2 the charges for the guaranties guaranty policies and to
  2  3 procure reinsurance against any loss in connection with the
  2  4 guaranties guaranty policies.
  2  5    Sec. 5.  Section 16.91, subsections 1, 2, 3, 4, 5, 6, and
  2  6 7, Code 2001, are amended to read as follows:
  2  7    1.  The authority through the title guaranty division shall
  2  8 initiate and operate a program in which the division shall
  2  9 offer guaranties title guaranty policies of real property
  2 10 titles in this state.  The terms, and conditions and form of
  2 11 the title guaranty contract policy shall be forms approved by
  2 12 the division board.  The division, as it may determine, may
  2 13 use the policy, endorsement, and other forms adopted for the
  2 14 title insurance industry by the American land title
  2 15 association and may obtain ratings of the division similar to
  2 16 ratings given to title insurance companies.  The division
  2 17 shall fix a charge for the guaranty in an amount sufficient to
  2 18 permit the program to operate on a self-sustaining basis,
  2 19 including payment of administrative costs and the maintenance
  2 20 of an adequate reserve against claims under the title guaranty
  2 21 program.  A title guaranty policy fund is created in the
  2 22 office of the treasurer of state.  Funds collected under this
  2 23 program shall be placed in the title guaranty policy fund and
  2 24 are available to pay all claims, necessary reserves, and all
  2 25 administrative costs of the title guaranty program.  Moneys in
  2 26 the fund shall not revert to the general fund and interest on
  2 27 the moneys in the fund shall be transferred to the department
  2 28 of economic development for deposit in the local housing
  2 29 assistance program fund established in section 15.354 and
  2 30 shall not accrue to the general fund.  If the authority board
  2 31 in consultation with the division board determines that there
  2 32 are surplus funds in the title guaranty policy fund after
  2 33 providing for adequate reserves and operating expenses of the
  2 34 division, the surplus funds shall be transferred to the
  2 35 housing program fund created pursuant to section 16.40.
  3  1    2.  A title guaranty policy, closing protection letter, or
  3  2 gap coverage issued under this program is an obligation of the
  3  3 division only and claims are payable solely and only out of
  3  4 the moneys, assets, and revenues of the title guaranty policy
  3  5 fund and are not an indebtedness or liability of the state.
  3  6 The state is not liable on any title guaranty policy, closing
  3  7 protection letter, or gap coverage.
  3  8    3.  With the approval of the authority board the division
  3  9 and its board shall consult with the insurance division of the
  3 10 department of commerce in developing a title guaranty contract
  3 11 policy acceptable to the secondary market and developing any
  3 12 other feature of the program with which the insurance division
  3 13 may have special expertise.  The insurance division shall
  3 14 establish the amount for a loss reserve fund.  Except as
  3 15 provided in this subsection, the title guaranty program is not
  3 16 subject to the jurisdiction of or regulation by the insurance
  3 17 division or the commissioner of insurance.
  3 18    4.  Attorneys, abstractors, lenders, closing and escrow
  3 19 companies, and mortgage brokers may participate in the title
  3 20 guaranty program.  Each participating attorney and abstractor
  3 21 may be required to pay an annual participation fee to be
  3 22 eligible to participate in the title guaranty program.  The
  3 23 fee, if any, shall be set by the division, subject to the
  3 24 approval of the authority.  A participating attorney shall be
  3 25 licensed to practice in this state.
  3 26    5.  The participation of abstractors and attorneys shall be
  3 27 in accordance with rules established by the division and
  3 28 adopted by the authority pursuant to chapter 17A.  Each
  3 29 participant participating attorney and abstractor shall at all
  3 30 times maintain liability and other indemnity coverage in
  3 31 amounts approved by the division.  Upon payment of a claim by
  3 32 the division, the division shall be subrogated to the rights
  3 33 of the claimant against all persons relating to the claim.
  3 34    Additionally, each participating abstractor is required to
  3 35 own or lease, and maintain and use in the preparation of
  4  1 abstracts, an up-to-date abstract title plant including tract
  4  2 indices for real estate for each county in which abstracts are
  4  3 prepared for real property titles guaranteed by the division.
  4  4 The tract indices shall contain a reference to all instruments
  4  5 affecting the real estate which are recorded in the office of
  4  6 the county recorder, and shall commence not less than forty
  4  7 years prior to the date the abstractor commences participation
  4  8 in the title guaranty program.  However, a participating
  4  9 attorney providing abstract services continuously from
  4 10 November 12, 1986, to the date of application, either
  4 11 personally or through persons under the attorney's supervision
  4 12 and control is exempt from the requirements of this paragraph.
  4 13    The division may waive the requirements of this subsection
  4 14 pursuant to an application of an attorney or abstractor which
  4 15 shows that the requirements impose a hardship to the attorney
  4 16 or abstractor and that the waiver clearly is in the public
  4 17 interest or is absolutely necessary to ensure availability of
  4 18 title guaranties guaranty policies throughout the state.
  4 19    The division may also waive the requirements of this
  4 20 subsection pursuant to an application of a participating
  4 21 attorney who is not a participating attorney providing
  4 22 abstract services continuously from November 12, 1986, if the
  4 23 participating attorney is found to be competent to conduct
  4 24 title searches and prepare abstracts of title pursuant to
  4 25 rules issued by the authority.
  4 26    6.  Prior to the issuance of a title guaranty policy, the
  4 27 division shall require evidence that an abstract of title to
  4 28 the property in question has been brought up-to-date and
  4 29 certified by a participating abstractor in a form approved by
  4 30 division rules and a title opinion issued by a participating
  4 31 attorney in the form approved in the rules stating the
  4 32 attorney's opinion as to the title.  The division shall
  4 33 require evidence of the abstract being brought up-to-date and
  4 34 the abstractor shall retain evidence of the abstract as
  4 35 determined by the board.  If an owner is refinancing a loan
  5  1 secured by a mortgage, the division may establish standards
  5  2 for title searches and underwriting procedures and
  5  3 requirements for the issuance of a title guaranty policy if a
  5  4 title guaranty policy was previously issued on the property
  5  5 for the same owner within a period of five years.
  5  6    7.  The attorney rendering a title opinion Participating
  5  7 attorneys and participating abstractors shall may be
  5  8 authorized to issue a title guaranty certificate policy
  5  9 subject to the rules of the authority.
  5 10    Sec. 6.  Section 16.92, subsection 1, Code 2001, is amended
  5 11 by adding the following new paragraphs after paragraph e:
  5 12    NEW PARAGRAPH.  ee.  "Participating abstractor" means an
  5 13 abstractor participating in the title guaranty program
  5 14 pursuant to section 16.91.
  5 15    NEW PARAGRAPH.  ef.  "Participating closing and escrow
  5 16 company" means a closing and escrow company participating in
  5 17 the title guaranty program pursuant to section 16.91.
  5 18    NEW PARAGRAPH.  eg.  "Participating mortgage broker" means
  5 19 a mortgage broker participating in the title guaranty program
  5 20 pursuant to section 16.91.
  5 21    Sec. 7.  Section 16.92, subsection 1, paragraph g, Code
  5 22 2001, is amended to read as follows:
  5 23    g.  "Real estate lender or closer" means a person licensed
  5 24 to regularly lend moneys to be secured by a mortgage on real
  5 25 property in this state, a licensed real estate broker, or a
  5 26 licensed attorney, a participating abstractor, a participating
  5 27 closing and escrow company, or a participating mortgage
  5 28 broker.
  5 29    Sec. 8.  Section 16.93, subsections 1, 2, and 3, Code 2001,
  5 30 are amended to read as follows:
  5 31    1.  The authority through the title guaranty division may
  5 32 issue a closing protection letter to a person to whom a
  5 33 proposed title guaranty policy is to be issued, upon the
  5 34 request of the person, if the division issues a commitment for
  5 35 a title guaranty or title guaranty certificate policy.  The
  6  1 closing protection letter shall conform to the terms of
  6  2 coverage and form of the instrument as approved by the
  6  3 division board and may indemnify a person to whom a proposed
  6  4 title guaranty policy is to be issued against loss of
  6  5 settlement funds due to only the following acts of the
  6  6 division's named participating attorney or participating
  6  7 abstractor:
  6  8    a.  Theft of settlement funds.
  6  9    b.  Failure by the participating attorney or participating
  6 10 abstractor to comply with written closing instructions of the
  6 11 person to whom a proposed title guaranty policy is to be
  6 12 issued relating to title certificate coverage when agreed to
  6 13 by the participating attorney or participating abstractor.
  6 14    2.  A closing protection letter shall only be issued to a
  6 15 person to whom a proposed title guaranty policy is to be
  6 16 issued for real property transactions in which the division
  6 17 has committed to issue an owner or lender certificate and for
  6 18 which the division receives a premium and other payments or
  6 19 fees for a title guaranty certificate policy or other
  6 20 coverage.
  6 21    3.  The division board shall establish the amount of
  6 22 coverage to be provided and may distinguish between classes of
  6 23 property including, but not limited to, residential,
  6 24 agricultural, or commercial, provided that the total amount of
  6 25 coverage provided by the closing protection letter shall not
  6 26 exceed the amount of the commitment or title guaranty policy
  6 27 to be issued.  Liability under the closing protection letter
  6 28 shall be coextensive with liability under the certificate to
  6 29 be issued in connection with a transaction such that payments
  6 30 under the terms of the closing protection letter shall reduce
  6 31 by the same amount the liability under the title guaranty
  6 32 certificate policy and payment under the title guaranty
  6 33 certificate policy shall reduce the liability under the terms
  6 34 of the closing protection letter.
  6 35    Sec. 9.  Section 535.8, subsection 2, paragraph b,
  7  1 subparagraph (10), Code 2001, is amended to read as follows:
  7  2    (10)  The cost of a title guaranty policy issued by the
  7  3 Iowa finance authority pursuant to chapter 16.  
  7  4 SF 425
  7  5 tm/cc/26
     

Text: SF00424                           Text: SF00426
Text: SF00400 - SF00499                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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