Text: SSB01197                          Text: SSB01199
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Senate Study Bill 1198

Bill Text

PAG LIN
  1  1    Section 1.  Section 16.91, subsections 4, 5, 6, and 7, Code
  1  2 2001, are amended to read as follows:
  1  3    4.  Attorneys, abstractors, lenders, closing and escrow
  1  4 companies, and mortgage brokers may participate in the title
  1  5 guaranty program.  Each participating attorney and abstractor
  1  6 may be required to pay an annual participation fee to be
  1  7 eligible to participate in the title guaranty program.  The
  1  8 fee, if any, shall be set by the division, subject to the
  1  9 approval of the authority.
  1 10    5.  The participation of abstractors and attorneys shall be
  1 11 in accordance with rules established by the division and
  1 12 adopted by the authority pursuant to chapter 17A.  Each
  1 13 participant participating attorney and abstractor shall at all
  1 14 times maintain liability and other indemnity coverage in
  1 15 amounts approved by the division.  Upon payment of a claim by
  1 16 the division, the division shall be subrogated to the rights
  1 17 of the claimant against all persons relating to the claim.
  1 18    Additionally, each participating abstractor is required to
  1 19 own or lease, and maintain and use in the preparation of
  1 20 abstracts, an up-to-date abstract title plant including tract
  1 21 indices for real estate for each county in which abstracts are
  1 22 prepared for real property titles guaranteed by the division.
  1 23 The tract indices shall contain a reference to all instruments
  1 24 affecting the real estate which are recorded in the office of
  1 25 the county recorder, and shall commence not less than forty
  1 26 years prior to the date the abstractor commences participation
  1 27 in the title guaranty program.  However, a participating
  1 28 attorney providing abstract services continuously from
  1 29 November 12, 1986, to the date of application, either
  1 30 personally or through persons under the attorney's supervision
  1 31 and control is exempt from the requirements of this paragraph.
  1 32    The division may waive the requirements of this subsection
  1 33 pursuant to an application of an attorney or abstractor which
  1 34 shows that the requirements impose a hardship to the attorney
  1 35 or abstractor and that the waiver clearly is in the public
  2  1 interest or is absolutely necessary to ensure availability of
  2  2 title guaranties throughout the state.
  2  3    The division may also waive the requirements of this
  2  4 subsection pursuant to an application of a participating
  2  5 attorney who is not a participating attorney providing
  2  6 abstract services continuously from November 12, 1986, if the
  2  7 participating attorney is found to be competent to conduct
  2  8 title searches and prepare abstracts of title pursuant to
  2  9 rules issued by the authority.  Waivers granted pursuant to
  2 10 this paragraph shall be for a specific county or counties.
  2 11    6.  Prior to the issuance of a title guaranty, the division
  2 12 shall require evidence that an abstract of title to the
  2 13 property in question has been brought up-to-date and certified
  2 14 by a participating abstractor in a form approved by division
  2 15 rules and a title opinion issued by a participating attorney
  2 16 in the form approved in the rules stating the attorney's
  2 17 opinion as to the title.  The division shall require evidence
  2 18 of the abstract being brought up-to-date and the abstractor
  2 19 shall retain evidence of the abstract as determined by the
  2 20 board.  The division may establish standards for title
  2 21 searches and underwriting procedures and requirements for the
  2 22 issuance of a title guaranty in which a title guaranty has
  2 23 previously been issued on the property in question.
  2 24    7.  The attorney rendering a title opinion Participating
  2 25 attorneys and participating abstractors shall be authorized to
  2 26 issue a title guaranty certificate subject to the rules of the
  2 27 authority.
  2 28    Sec. 2.  Section 16.92, subsection 1, Code 2001, is amended
  2 29 by adding the following new paragraphs after paragraph e:
  2 30    NEW PARAGRAPH.  ee.  "Participating abstractor" means an
  2 31 abstractor participating in the title guaranty program
  2 32 pursuant to section 16.91.
  2 33    NEW PARAGRAPH.  ef.  "Participating closing and escrow
  2 34 company" means a closing and escrow company participating in
  2 35 the title guaranty program pursuant to section 16.91.
  3  1    NEW PARAGRAPH.  eg.  "Participating mortgage broker" means
  3  2 a mortgage broker participating in the title guaranty program
  3  3 pursuant to section 16.91.
  3  4    Sec. 3.  Section 16.92, subsection 1, paragraph g, Code
  3  5 2001, is amended to read as follows:
  3  6    g.  "Real estate lender or closer" means a person licensed
  3  7 to regularly lend moneys to be secured by a mortgage on real
  3  8 property in this state, a licensed real estate broker, or a
  3  9 licensed attorney, a participating abstractor, a participating
  3 10 closing and escrow company, or a participating mortgage
  3 11 broker.  
  3 12                           EXPLANATION 
  3 13    This bill amends provisions of the title guaranty program
  3 14 of the title guaranty division of the Iowa finance authority
  3 15 relating to standards of and participation in the program.
  3 16    The bill provides that attorneys, abstractors, lenders,
  3 17 closing and escrow companies, and mortgage brokers may
  3 18 participate in the title guaranty program.  Currently, only
  3 19 attorneys and abstractors can participate in the program.  The
  3 20 bill provides that each participating attorney and abstractor
  3 21 is required to maintain liability and other indemnity
  3 22 coverage.
  3 23    The bill provides that the title guaranty division, upon
  3 24 application by a participating attorney who is not a
  3 25 participating attorney providing abstract services
  3 26 continuously from November 12, 1986, may waive requirements
  3 27 relating to maintaining liability and other indemnity coverage
  3 28 and up-to-date abstract plant if the attorney is found to be
  3 29 competent to conduct title searches and prepare abstracts of
  3 30 title.
  3 31    The bill provides that the title guaranty division may
  3 32 establish standards for title searches and underwriting
  3 33 procedures and requirements for the issuance of a title
  3 34 guaranty in which a title guaranty has previously been issued
  3 35 on the property in question.
  4  1    The bill provides that both participating attorneys and
  4  2 abstractors shall be authorized to issue a title guaranty
  4  3 certificate.
  4  4    The bill adds definitions of "participating abstractor",
  4  5 "participating closing and escrow company", and "participating
  4  6 mortgage broker" to Code section 16.92 relating to mortgage
  4  7 release certificates.  The bill provides that participating
  4  8 abstractors, participating closing and escrow companies, and
  4  9 participating mortgage brokers are included under the
  4 10 definition of "real estate lender or closer".  
  4 11 LSB 1240DP 79
  4 12 tm/pj/5
     

Text: SSB01197                          Text: SSB01199
Text: SSB01100 - SSB01199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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