Bulletin: MD2010004

Date:
September 13, 2010
To:
All Maryland Issuing Offices
RE:
2010 Maryland Legislative Update

Dear Associates:

This Bulletin provides an update on the Maryland General Assembly with respect to new legislation passed in the 2009/2010 legislative session.

HB 472 Real Property - Residential Property Foreclosure Procedures - Foreclosure Mediation

This Administration bill establishes processes for loan modification or mitigation and mediation relating to foreclosure activity on residential property. The bill requires that an application for a loan modification or loss mitigation program be sent to the borrower and record owner of a residential property at least 45 days before a foreclosure action is filed. A lender must complete a loss mitigation analysis no later than 30 days before the date of a foreclosure sale. If the residential property subject to the foreclosure action is owner-occupied, the mortgagor or grantor (borrower) may request a foreclosure mediation conducted by the Office of Administrative Hearings (OAH) before the foreclosure sale is scheduled. The bill imposes an additional $300 filing fee on every order to docket or complaint to foreclose a mortgage or deed of trust on residential property and requires a borrower to pay a $50 filing fee with a request for foreclosure mediation. The bill takes effect July 1, 2010, and applies only prospectively to any order to docket or complaint to foreclose on residential property filed on or after the bill's effective date.

Underwriting requirements:

All foreclosures filed after July 1, 2010 must include a review of:

1.) Notice of Intent (NOI): At least 45 days before the order to docket or complaint to foreclose is filed, the NOI must be delivered to the borrower and should include a statement recommending housing counseling; information on governmental foreclosure assistance; and an explanation of the Maryland foreclosure process and time line. It must also contain an application for loss mitigation programs, a description of the eligibility requirements, instructions for completing the application, and a telephone number to call to confirm receipt of the application.

2.) Order to Docket or Complaint: An order to docket or complaint to foreclose a mortgage or deed of trust on residential property must include payment of an additional $300 filing fee and be accompanied by:

a.) if a loss mitigation analysis has been completed, a final loss mitigation affidavit with a form for the homeowner to request foreclosure mediation; or

b.) if a loss mitigation analysis has not been completed, a preliminary loss mitigation affidavit (filed at least 30 days before the date of the foreclosure sale); the loss mitigation application and a description of the eligibility requirements for specified loss mitigation programs; instructions for completing the application; and an envelope preprinted with the address of the foreclosure attorney. Evidence that at least 30 days before the date of a foreclosure sale, the secured party sent to the borrower a copy of the final loss mitigation affidavit and a form to request foreclosure mediation.

3.) Be certain that 15 days have passed since the service or mailing of the final loss mitigation affidavit to the homeowner and no request to mediate has been filed with the court.

4.) Mediation requested: review the Office of Administrative Hearings (OAH) opinion to determine if foreclosure was resolved. If resolved, then the foreclosure should be dismissed. If not resolved, wait 15 days from a.) the date the foreclosure mediation is held; or b.) if a foreclosure mediation is not held, the date OAH files its report with the court.

Amended timelines:

Nonowner-occupied residential property: must wait until at least 45 days after the borrower is properly served with a copy of the order to docket.

Owner-occupied: If foreclosure mediation is not held, the foreclosure sale may not occur until the later of:

at least 45 days after service of process that includes a final loss mitigation affidavit; or

at least 30 days after mailing of a final loss mitigation affidavit.

Examples of these forms can be reviewed at:

http://www.dllr.state.md.us/finance/emerregmortforemed.shtml  

HB 1042 State Government - Disclosure of Personal Information on Websites - Prohibition

Beginning June 1, 2010, the bill prohibits a person from including "personal information" in a deed or other instrument intended for recording. "Personal information" includes a driver's license or social security number. The inclusion or masking of the personal information does not affect the validity or enforceability of the instrument. This bill applies prospectively and has no effect on or application to any document, deed, or other material that was publicly posted or displayed before June 1, 2010.

NOTE: Refrain from transmitting or recording personal information that may be considered private or confidential.

SB 341 Real Property - Effect of Deed Granting Property from Trust or Estate This bill establishes that a grant of property by deed from a grantor designated in the deed as an estate of a deceased person or a trust has the same effect as if the person granted the property had received the property from the personal representative(s) for the estate or trustee(s) appointed and acting for the trust on the effective date of the deed, if the grant is executed by the personal representative(s) or trustee(s). The bill applies to any grant of property by a trust or estate contained in a deed existing on or after October 1, 2010.

NOTE: You may now accept title which indicates the property had been transferred via a deed from an "estate" or a "trust" without requiring the fiduciary to be mentioned or named specifically in the conveyance.

SB 562 Real Property - Mortgages and Deeds of Trust - Authority to Exercise a Power of Sale This bill clarifies that a power of sale or assent to decree in a mortgage or deed of trust may be exercised only by an individual. The bill establishes that (1) the individual selling the property under a power of sale need not be named in the mortgage or deed of trust; (2) an error or omission concerning the designation of a trustee or individual authorized to exercise a power of sale does not invalidate the instrument or the ability to exercise the power of sale; and (3) if a mortgage or deed of trust allows, a trustee or individual authorized to exercise a power of sale may be appointed or substituted from time to time. The bill also creates a supplement to the "Curative Act" (RP §4-109) to add "A failure to name any trustee in a deed of trust," as a curable defect.

The bill takes effect June 1, 2010, and applies retroactively to a mortgage or deed of trust on record, or recorded on or after the effective date.

NOTE: You may now insure a mortgage or deed of trust (or from foreclosure of a mortgage or deed of trust) whereby the trustee is either a natural person or entity, or no trustee is named or designated so long as six (6) months have passed from the date of recording of the deed of trust.

SB 666 Real Property - Transfer Fees - Prohibition This emergency bill prohibits a person who conveys a fee simple interest in real property from recording a covenant against the title to the real property for the payment of a transfer fee. The bill defines a "transfer fee" to mean a charge payable on the transfer of an interest in real property or payable for the right to accept a transfer of an interest in real property. The bill establishes that a covenant that requires the payment of a transfer fee on the conveyance of a fee simple interest in real property is void. This bill is an emergency measure and applies prospectively only from May 4, 2010.

NOTE: Do not remove any covenants or restrictions of record from the policy that contain transfer fees or charges without first consulting a Stewart Underwriter.

SB 780 Real Property - Affordable Housing Land Trusts (AHLT)

This bill establishes the Affordable Housing Land Trust Act and specifies the powers and duties of an affordable housing land trust and the contents of an affordable housing land trust agreement. The bill authorizes an affordable housing land trust to acquire residential real property or an interest in property; make improvements on residential real property; enter into affordable housing land trust agreements with qualified persons who meet specified criteria under the bill and the affordable housing land trust agreement; and engage in other activities related to the sale, leasing, management, maintenance, and preservation of properties under the control of the affordable housing land trust.

NOTE: Please consult a Stewart Underwriter when insuring where an AHLT is or was involved.

This bill is effective October 1, 2010.

SB 224 Real Property - Installation and Use of Clotheslines on Residential Property

This bill prohibits any contract, deed, covenant, lease, or other similar residential governing document from banning the installation or use of clotheslines on the property of a homeowner or tenant. Reasonable restrictions relating to the timing, placement, and the manner of use are permitted. The bill applies to any single-family residential dwelling or townhome, including condominiums, homeowners associations, and housing cooperatives. This bill is effective October 1, 2010.

SB 288 Maryland Dormant Mineral Interests Act

Authorizing a specified owner of real property to maintain an action to terminate a specified mineral interest under specified circumstances; establishing actions that constitute use of a mineral interest; requiring a specified owner to bring a specified action in the circuit court of a specified jurisdiction; authorizing an owner of a mineral interest to record a specified notice of a mineral interest; requiring a court to permit a specified owner to record a late notice under specified circumstances; etc. Ownership of title to real estate means ownership of the various estates incident to the land including the surface estate and one or more mineral estates. Each of these estates can be conveyed or reserved as separate estates through transfer (or reservation) of the deeds. Separation of deeds to estates in the same land is known in property law as "severance." Each estate is represented by independent "titles in severalty." Mineral interest include gas, oil, coal, solid hydrocarbons, cement, sand and gravel, etc.

NOTE: In Maryland, rights of mineral interest title holders are similar to surface title holders. You must consult a Stewart Underwriter whenever you are asked to insure a title that contains evidence of mineral interests.

SB 654 Real Property - Tenants in Foreclosure - Conforming to Federal Law

This bill amends existing law governing the rights of residential tenants of foreclosed properties to conform to the federal Protecting Tenants at Foreclosure Act of 2009. Specifically, the bill (1) incorporates the federal definition of a "bona fide" tenant in State law; (2) requires that a 90-day notice to vacate be sent to a bona fide tenant stating the landlord's basis for terminating the tenancy; and (3) alters the contents of notices required to be sent to occupants of residential property subject to foreclosure. A bona fide tenant who entered into a lease before the transfer of legal title has the right to occupy the premises until the end of the remaining lease term or 90 days after the notice to vacate is sent, whichever is longer. The bill defines a lease or tenancy as "bona fide" only if the mortgagor or grantor or the child, spouse, or parent of the mortgagor or grantor is not the tenant; the lease or tenancy was an arms-length transaction; and the lease or tenancy requires rent payments that are not substantially less than fair market rental rates, unless the rent is reduced or subsidized due to a federal, State, or local subsidy. The bill applies only prospectively and may not be applied or interpreted to affect any foreclosure docketed before June 1, 2010. The bill takes effect June 1, 2010.

Underwriting requirements: In addition to other requirements where title is based upon a foreclosure, all issuing offices are required to confirm that following a foreclosure sale the property in question: 1.) must not be presently occupied; and 2.) if the property was not listed as primary residence with SDAT, all tenants living at the property following the foreclosure received at least 90 days advance notice to vacate.

SB 1019 Residential Real Property - Real Estate Settlements - Disclosures

This bill establishes that a person who participates in an "affiliated business arrangement" (ABA) as defined under the federal Real Estate Settlement Procedures Act (RESPA) is not in violation of a State law that otherwise prohibits affiliates from participating in a real estate settlement (1) solely because that person participates in an affiliated business arrangement; and (2) as long as that person complies with existing RESPA disclosure requirements. A person involved with the settlement of real estate transactions involving land in the State may not pay to, or receive from, another any consideration to solicit, obtain, retain, or arrange real estate settlement business. However, a person is not prohibited from: paying a commission to an agent who holds a certificate of qualification; or referring a real estate settlement business or entering into a professional fee arrangement between attorneys, if the referral or professional fee arrangement does not violate provisions of the Business Occupations Article. A person who does not comply is guilty, under existing penalty provisions, of a misdemeanor and subject to maximum penalties of six months imprisonment and/or a fine of $1,000. The bill takes effect July 1, 2010.

NOTE: Please seek independent legal counsel regarding any RESPA questions pertaining to ABA's.

HB 6: Property Tax - Notice - 60 day Appeal

This bill requires a sales contract for specified single-family residential real property to contain notice of the purchaser's right to appeal the classification or valuation of the property by the State Department of Assessments and Taxation (SDAT) within 60 days of the sale if the property is transferred after January 1 but before July 1. This bill is effective October 1, 2010.

SB 416 Homeowners Association - Annual Budget - Notice, Information, and Adoption

The bill applies only to a homeowners association that has responsibility for maintaining and repairing common areas.This bill requires the board of directors or other governing body of a homeowners association to (1) prepare and submit an annual budget containing specified expenditures to lot owners at least 30 days prior to its adoption; and (2) provide notice to each lot owner of the meeting at which the proposed budget will be considered. The budget must be adopted at an open meeting of the homeowners association or other governing body that prepares and adopts the budget. Any expenditure for more than 15% of the previously adopted budgeted amount that is not made to prevent a health or safety risk to unit owners, or to prevent significant damage to the condominium, must be approved by a budget amendment at a special meeting of the council of unit owners. This bill is effective October 1, 2010.

SB 597 Condominiums and Homeowners Associations - Common Elements and Common Areas - Implied Warranties

This bill requires the description of a condominium's common elements contained in the declaration to include certain improvements that are shared by or serve more than one unit, or serve any portion of the common elements. The bill also prohibits the description and designation of the common elements from being amended until after the date the unit owners, other than the developer and its affiliates, first elect a controlling majority of the board of directors for the council of unit owners. Furthermore, the bill intends to close a statutory loophole whereby some developers define common elements such as a roof, external walls, or other structural elements as being part of specified units rather than the common shared elements of the entire condominium or homeowner's association. These developers have crafted condominium and homeowners association documents in this fashion to defeat implied warranties applicable to common structures such as roofs and external walls. The bill applies prospectively to any condominium or homeowners association for which a declaration, bylaws, and plat are recorded among the local land records on or after October 1, 2010.

NOTE: All condominiums or HOA's created after October 1, 2010 will have an extension to the ownership of the common elements which cannot be transferred to the individual units, but instead remain owned by the association.

SB 800 Common Ownership Communities - Fidelity Insurance - Exemption

This bill exempts the governing body of a cooperative housing corporation, condominium, or homeowners association with (1) four or fewer members, units, or lot owners; and (2) less than $2,500 of gross common charges, annual assessments, or annual fees during a three-month period from provisions that require the purchase and maintenance of a fidelity insurance policy.

SB 702 Common Ownership Communities - Fidelity Insurance - Fidelity Bond

This bill allows the governing body of a cooperative housing corporation, condominium, or homeowners association (common ownership community or COC) to satisfy an existing requirement to purchase fidelity insurance by purchasing a fidelity bond or a fidelity insurance policy.

Background: A fidelity insurance policy and a fidelity bond both offer protection from the misconduct and fraudulent activities of an employee. Generally, compared to fidelity insurance, a fidelity bond (1) has broader coverage; (2) is easier to expand or alter the employees whose actions are covered; (3) does not usually have an expiration date; (4) does not have a deductible; and (5) can be obtained faster and cost less than a fidelity insurance policy because less underwriting is involved.

SB 554 Rental Housing - Protection for Victims of Domestic Violence and Sexual Assault

The bill affords a residential tenant or legal occupant who is a victim of domestic violence or sexual assault certain protections including the ability to terminate the lease or change the locks under specified circumstances. A tenant or legal occupant (who resides on the premises with the knowledge and permission of the landlord) who is a victim of domestic violence or a victim of sexual assault may terminate a residential lease within 30 days of providing the landlord with (1) written notice by first-class mail or hand delivery of an intent to vacate the premises; and (2) notice of the individual's status as a victim of domestic violence or sexual assault. The notice requirement is satisfied by providing a copy of a protective or peace order issued for the benefit of the tenant or legal occupant. A vacating tenant is responsible for the rent for the 30-day period following the date that the notice of intent to vacate was provided to the landlord.

SB 399 Real Property - Abatement of Nuisance - Prostitution

This bill classifies real property used for prostitution as a nuisance subject to an abatement action under the statute authorizing abatement of a nuisance when the property is used for drug offenses. If the property owner fails to comply with an order to abate a prostitution-related nuisance, the court may issue a contempt order; however, the availability of other relief is limited, as specified. If an owner fails to comply with a nuisance abatement order, in addition to issuing a contempt order or ordering any other relief, the court may order the property to be (1) sold at the owner's expense, in accordance with the Maryland Rules governing judicial sales; or (2) demolished if the property is unfit for human habitation and the cost of rehabilitation significantly exceeds the estimated market value after rehabilitation. If a tenant fails to comply with an abatement order and the owner or operator and tenant are parties to the action, the court may grant restitution of the premises to the owner or operator. If an owner-occupant fails to comply with an abatement order, the court may also order that the owner-occupied unit be vacated within 72 hours and remain unoccupied for up to one year or until the property is sold in an arm's length transaction.

NOTE: If in your title work you find a lawsuit based upon nuisance, please contact your underwriter for guidance.

SB 443 Real Property - Wrongful Detainer

This bill clarifies that certain provisions of law governing an action for wrongful detainer do not apply if (1) the person in actual possession has been granted possession under a court order; (2) a remedy is available under existing landlord-tenant laws; or (3) any other exclusive means to recover possession is provided by statute or rule.

SB 235 Real Property - Mobile Home Parks - Plans for Dislocated Residents

This bill makes applicable statewide, the law currently enacted in St. Mary's County with respect to the rights of tenants in mobile home parks when the owner changes the land use of a park.

HB 642 Prince George's County - Real Property - Home Builders - Community Amenities PG 407-10

This bill requires a home builder that agrees to furnish a "community amenity" to a development located in Prince George's County to include a specified disclosure statement in the sales contract and any advertisement for the community development.

The bill applies prospectively to contracts of sale for property in a Prince George's County community development entered into on or after October 1, 2010.

HB 1470 Title Insurance - Title Insurers and Title Insurance Producers - Regulation and Reports (see prior Stewart Bulletin MD2010003)

This bill exempts a title insurance producer independent contractor from having to file a blanket fidelity bond, blanket surety bond, or letter of credit with the Insurance Commissioner, notwithstanding other provisions of law. The bill also prohibits a title insurance producer from using or accepting the services of an independent contractor unless the contractor is covered by the producer's fidelity bond, surety bond, or letter of credit. The bill expressly states that a producer is the legal principal of the title insurance producer independent contractor and is liable for all of the contractor's actions, including unintentional conduct that occurs within the scope of employment. The bill requires specified contact information to be included on or with a mortgage or deed of trust when executed in a transaction in which a title insurance producer independent contractor is acting for or on behalf of a producer. The bill takes effect July 1, 2010.

SB 372 Property Tax - Tax Sales - Notice to Foreclose Right of Redemption

This bill changes the manner in which notice is provided to owner and lender prior to filing a complaint to foreclose the right of redemption. The bill requires a second notice to be sent by first-class certified mail, postage prepaid, return receipt requested, while the first notice may still be sent via first class mail. The bill takes effect July 1, 2010.

SB 657 Recordation Taxes and State and County Transfer Taxes - Debt Forgiven in "Short Sale" This emergency bill clarifies that for the purposes of local recordation taxes and State and county transfer taxes, the consideration payable for an instrument of writing to which the taxes apply includes only the amount paid or delivered in return for the sale of the property and does not include any debt forgiven or no longer secured by a mortgage or deed of trust on the property. THIS EMERGENCY BILL TAKES EFFECT May 20, 2010.

SB 373 Property Tax - Tax Sales - Complaint to Foreclose Right of Redemption This emergency bill authorizes the Mayor and City Council of Baltimore City to file a complaint to foreclose all rights of redemption in specified abandoned property at any time after the city becomes the purchaser by operation of law. The bill also exempts the Mayor and City Council of Baltimore City from issuing specified required notices for such property. However, for properties to which the notice requirement applies, the bill establishes that the notice indicate costs, rather than attorney's fees, for recording the certificate of sale must be paid to redeem the property.

EMERGENCY MEASURE: BILL ENACTED ON APRIL 13, 2010

HB 484 Property Tax - Semiannual Payment Schedule - Small Business Property

This bill requires county and municipal governments to establish a semiannual payment schedule for State, county, municipal, and special taxing district property taxes for small business property with a property tax bill of $50,000 or less. The bill takes effect October 1, 2010, and applies to taxable years beginning after June 30, 2011.

Current Law: Property taxes for owner-occupied residential property are due under a semiannual schedule. The first installment is due on July 1 and may be paid without interest on or before September 30. The second installment is due on December 1 and may be paid without interest on or before December 31. Local governments are authorized to impose a maximum service charge of 1.65% of the second payment to cover lost interest for the three-month delay in the tax collection and associated administrative fees. However, homeowners may elect to pay the full year's property tax on or before September 30 to avoid the service charge or interest. Property taxes for property other than owner-occupied residential property are due on July 1 and may be paid without interest on or before September 30.

HB 659 Maryland General and Limited Power of Attorney Act (Loretta's Law)

This bill establishes the Maryland General and Limited Power of Attorney (POA) Act, incorporating existing statutory provisions governing powers of attorney into the Act. The bill provides two statutory form powers of attorney and an optional form for use by an agent to certify facts concerning a power of attorney. One of the statutory forms (the "Maryland Statutory Form Personal Financial Power of Attorney") provides an agent with broad authority as specified on the form, while the other statutory form (the "Maryland Statutory Form Limited Power of Attorney") allows a principal to specifically indicate which of the various powers are given to an agent.

Requirements: Stewart Title Guaranty will agree to forgo the use of the statutory POA forms and instead accept properly authenticated 1.) foreign POA forms; 2.) military POA's and 3.) MD POA's that are specific, limited and follow the new requirements of:

POA must be 1.) acknowledged by the principal before a notary public and state with specificity the improvement address of the real property in question; 2.) attested and signed by two or more adult witnesses who sign in the presence of the principal and in the presence of each other; 3.) the notary public before whom the principal acknowledges the power of attorney may also serve as one of the two or more adult witnesses; 4.) have the attorney-in-fact sign the attached non-revocation affidavit and have it notarized; and 5.) include the address of the property and attach a copy of the legal description to the POA; 6.) record the original POA among the land records of the county where the property is located; and 7.) add the following language to any deed of conveyance:

The within described attorney in fact hereby attests and certifies that substantially, at the time of execution of this deed or assignment transferring the within described property, the attorney in fact does not have actual knowledge of the revocation of the power of attorney, by death of the principal or, if applicable, by the subsequent disability, incompetence or voluntarily revocation by the principal.

SB 25 Estates and Trusts - Property Held as Tenants by the Entireties - Transfer to Trust

Any property of a husband and wife held by them as tenants by the entirety and subsequently conveyed to a trustee, and the proceeds of that property, have the same immunity from the claims of their separate creditors as would exist if the husband and wife had continued to hold the property or its proceeds as tenants by the entirety, as long as: (1) the husband and wife remain married; (2) the property or its proceeds continues to be held in trust by the trustee or trustees or their successors in trust; and (3) both the husband and wife are beneficiaries of the trust.

HB 202 Uniform Commercial Code - Financing Statements - False Filings - Prohibited

This bill prohibits a person from filing a Uniform Commercial Code (UCC) financing statement that the person knows to contain false information. A person who violates this provision is guilty of a misdemeanor, and is subject to a maximum fine of $500 for each fraudulently filed UCC financing statement.

HB 1399 Residential Mortgage Loans - Required Notice of Housing Counseling Programs and Services

This bill requires any lender that makes a first mortgage loan secured by owner-occupied residential real property in the State to provide a borrower with (1) a written recommendation that the borrower complete home buyer education or housing counseling; and (2) information about related nonprofit and governmental programs and services available to State residents, unless the lender is otherwise required by federal or State law to refer the borrow to housing counseling. The bill prohibits a lender from closing on a mortgage loan unless the lender has provided the borrower with the notice required under the bill. The bill also repeals provisions of law that require a lender or credit grantor to provide a borrower with information on home buyer education or counseling in connection with specified high-interest or high-fee mortgage loans.

The bill takes effect June 1, 2010. Provisions relating to the required notice of housing counseling programs and services take effect January 1, 2011, contingent on the adoption of specified regulations by October 1, 2010, or later, if the specified regulations are adopted after October 1, 2010.

SB 878 HB 799 Reverse Mortgage Homeowners Protection Act

The bill requires a lender that offers or makes a reverse mortgage loan secured by a dwelling in the State to conform to federal regulations governing federally insured Home Equity Conversion Mortgages (HECM loans) (HECM loans are federally insured reverse mortgages). The lender must provide the prospective borrower with a checklist advising the borrower to discuss certain issues that may affect a borrower's ability to manage a reverse mortgage loan with a housing counselor. The bill has prospective application and applies only to reverse mortgage loans applied for on or after the bill's October 1, 2010 effective date.

SB 782 Homestead Exemption - Bankruptcy

This bill eliminates Maryland's general $5,000 bankruptcy exemption applicable to real property and adds a more generous exemption applicable to owner-occupied residential property. This homestead exemption (1) may be claimed if the individual debtor and specified family members have not successfully claimed the exemption on the property within eight years prior to the filing of the bankruptcy proceeding in which the exemption is claimed; and (2) may not be claimed by both a husband and a wife in the same bankruptcy proceeding. The bill applies prospectively and may not be applied or interpreted to affect any case filed before the bill's October 1, 2010 effective date.

SB 784 Maryland Statutory Trust Act: This bill clarifies and revises the Maryland Business Trust Act and renames it the Maryland Statutory Trust Act.

In addition to making technical changes, the bill clarifies the requirements for formation and governance of a statutory trust. A statutory trust's governing instrument may contain provisions relating to the nature and division of beneficial interests, including the rights of certain persons, and actions by or on behalf of the trust in the event there are no trustees. NOTE: If you are dealing with a Business Trust, a Statutory Trust, or a Foreign Statutory Trust, you will need to review the Certificate of Trust and Governing Instrument of any trust formed under the new or old legislation. There have been comments that the amendments in the Act enhance the utility of the Maryland Statutory Trust as a form of doing business for registered investment companies -- especially mutual funds and exchange-traded funds -- for private funds and in real estate and other transactions. Please contact underwriting counsel when dealing with these types of entities.

The bill takes effect June 1, 2010.


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THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.

References

Bulletins Replaced:
None
Related Bulletins:
MU2010001 Transfer Fee Covenants/Private Transfer Taxes
Underwriting Manual:
None
Exceptions Manual:
None
Forms:
None