STG Foreclosure Due Process Certification Affidavit Guideline 1

Explanation:

We generally do not insure title to property acquired by a non-judicial foreclosure proceeding unless: (a) the tax deed holder obtains quitclaim deeds from the original owner and releases/waivers from all foreclosed lienholders (e.g., lenders), (b) the tax deed holder undertakes a quiet title action, or (c) the Associate undertakes an inquiry into all aspects of the tax foreclosure proceeding, and confirms compliance with all applicable statutory and procedural requirements.

Under some circumstances, the Company is receptive to insuring title to a property acquired by a non-judicial foreclosure if we can receive a certification, in a form acceptable to the Company, from a source acceptable to the Company, certifying compliance with all applicable state laws and due process requirements relating to the tax foreclosure. When issued by a source acceptable to the Company, in a state where the Company has authorized insurance in this manner, the form of STG Foreclosure Due Process Certification Affidavit 1 is acceptable.

Underwriting Requirements:

You may rely upon STG Foreclosure Due Process Certification Affidavit 1 (a "Certification") only if:

(a) your state has issued a Bulletin authorizing reliance upon a Certification as an option for insuring title to property acquired by a non-judicial foreclosure;
(b) you have otherwise complied with the Bulletin issued for your state;
(c) the Certification is in the form of STG Foreclosure Due Process Certification Affidavit 1, and contains no exceptions; and
(d) the Certification is provided by a source acceptable to the Company.

If authorized by a Bulletin in your state, a Certification from the following source(s) is/are acceptable:

Tax Title Services
600 Anton Blvd, 11th Floor
Costa Mesa, CA 92626
Phone: (714) 371-4041
Fax: (714) 371-4189
E-mail: dschumacher@taxtitleservices.com

The underwriting guidelines contained herein have been provided for general reference. The facts, circumstances, and location of the subject property should be considered when determining the issuance of the requested form or endorsement. Please note that all of the forms and endorsements included in this system may not be available in all states. Accordingly, please contact the appropriate Stewart Title Guaranty Company underwriting personnel in order to determine availability.

Compliance with the underwriting guidelines contained herein in no way obligates Stewart Title Guaranty Company to issue any form or endorsement.

This guideline applies to the following form(s):

STG Affidavit - Foreclosure Due Process Certification