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Bulletin: NY000272

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Bulletin: NY000272

v 1
Date: January 30, 2006
To: All Issuing Offices in New York
RE: Premiums for Refinance and Subordinate Mortgages – Amendment to Section 14 of the TIRSA Rate Manual

Effective February 15, 2006, Section 14 of the Title Insurance Rate Service Association Rate Manual (“Rate Manual”) has been amended to modify the criteria for eligibility for a reduced premium pertaining to a refinance or subordinate mortgage.

First it should be noted that the ceiling for mortga...

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.

ADDENDUM TO BULLETIN No. NY000272

TIRSA RATE MANUAL   EFFECTIVE FEBRAURY 15, 2006

Section 14:  Refinance and Subordinate Mortgage

(A) Whenever a new loan policy (a "New Loan Policy") is issued in the amount of $475,000 or less, the charge for the New Loan Policy shall be 50% of the applicable full loan rate up to the greater of:

(1) the full consideration paid for the deed, lease or assignment of lease vesting title in the mortgagor (the “Vesting Instrument”);

(a) computed from the amount of New York State Real Estate Transfer Tax stated on the Vesting Instrument, or

(b) otherwise shown on the Vesting Instrument, or

(c) shown in the public records,  or

(2) the face amounts of all existing mortgages (including the consolidated amount of consolidated or modified mortgages) made by the owner of the fee or leasehold estate created by the Vesting Instrument (the ”Existing Mortgage(s)”) provided that:

(a) the Vesting Instrument or the Existing Mortgage(s) on which the reduced rate  is based was created within ten years before the date the order for the New Loan Policy was placed; and

(b) there has been no change in the ownership of the fee or leasehold estate since the Vesting Instrument or the Existing Mortgage(s) was created, and

(c) the New Mortgage describes the same property as is set forth in the Vesting    Instrument  or the Existing Mortgage(s). 

For any insurance that exceeds the greater of the amounts set forth in (1) or (2) above, the charge for such insurance shall be the full applicable loan rate.

(B) Whenever a new loan policy (a "New Loan Policy") is issued in the amount of more than $475,000, the charge for the New Loan Policy shall be 70% of the applicable full loan rate up to the greater of:

(1) the full consideration paid for the deed, lease or assignment of lease vesting title in the mortgagor (the “Vesting Instrument”)

(a)  computed from the amount of New York State Real Estate Transfer Tax stated on the Vesting Instrument, or

(b) otherwise shown on the Vesting Instrument, or

(c) shown in the public records,  or

(2) the face amounts of all existing mortgages (including the consolidated amount of consolidated or modified mortgages) made by the owner of the fee or leasehold estate created by the Vesting Instrument (the ”Existing Mortgage(s)”) provided that:

(a) the Vesting Instrument or the Existing Mortgage(s) on which the reduced rate  is based was created within ten years before the date the order for the New Loan Policy was placed; and

(b) there has been no change in the ownership of the fee or leasehold estate since the Vesting Instrument or the Existing Mortgage(s) was created, and

(c) the New Mortgage describes the same property as is set forth in the Vesting Instrument  or the Existing Mortgage(s).

For any insurance that exceeds the greater of the amounts set forth in (1) or (2) above, the charge for such insurance shall be the full applicable loan rate.

References
Bulletins Replaced:
None
Related Bulletins:
None
Underwriting Manual:
None
Exceptions Manual:
None
Forms:
None