Bulletin: SLS2014006

Date:
June 23, 2014
To:
All Issuing Offices
RE:
UNDERWRITING - Insuring Title Based Upon a Judgment, Order or Decree: Appeal Period and Proper Notice

Dear Associates:

When insuring title based upon a judgment, order, or decree (e.g., order to quiet or vest title, order of sale in foreclosure, receivership, partition action, dissolution, probate, or bankruptcy, etc.) you must require the order to be a final, non-appealable order. A judgment, order, or decree becomes a final non-appealable order when the appropriate appeal period has expired under the rules of the court that has jurisdiction over the matter. During the appeal period, a party may file a motion to vacate the judgment, a motion to correct error, a motion for a re-hearing or petition for an appellate court to review the case.   

In order to rely on a judgment, order, or decree to insure title, you must confirm that the appropriate appeal period has expired or make the following exception:

The Company requires satisfactory evidence that the judgment, order, or decree dated ________________ and entered _____________ is final and non-appealable. At that time, the Company may make additional requirements or exceptions.

If you are asked to waive the requirement of a final, non-appealable order and insure title prior to expiration of the appeal period, you must contact an STG underwriter for approval.  

You must also verify that all proper parties have been named as defendants and received proper notice in the litigation resulting in the judgment, order, or decree. If your exam discloses that not all proper parties have been named, a party has not received proper notice (e.g., returned unsigned or “undeliverable”), or a default judgment was entered against a party who only received notice by publication, you must contact an STG underwriter for additional requirements and approval.

Appeal periods may vary depending upon which court has jurisdiction over the matter (e.g., state, federal, bankruptcy). Please contact an STG underwriter to discuss the appropriate appeal period for a particular court.

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

For on-line viewing of this and other bulletins, please log onto www.vuwriter.com.

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:
SLS2009018 Federal Rules of Bankruptcy Procedure Deadlines and Timeframes
Underwriting Manual:
1.68 Appeal Periods and Exceptions to Pending Litigation
 
15.68 Publication, Service By
Exceptions Manual:
Appeal
Forms:
None