- May 28, 1997
- All Issuing Offices
- Fraudulent Transfers - Action under State Law Intili v. DiGiorgio (Decided 1/27/97 approved for publication 4/30/97)
As a general policy we do not insure title derived in whole or part from a deed wherein the consideration was less than the fair market value of the property (a so called "$1.00 Deed" or a deed for "no consideration"). If such a deed appears in the chain of title, an adequate explanation of the conveyance must be obtained and you should consult with the company before insuring.
The reason for this underwriting policy is apparent from a reading of the above referenced case, a copy of which can be obtained by calling the National Legal Department at the number listed above. Although title in the transferee was ultimately upheld by the court, because the action "was not timely filed within four years of the transfer", the cost of defending such attacks is prohibitive.
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.
- Bulletins Replaced:
- Related Bulletins:
- Underwriting Manual:
- 4.16 Deeds Of Conveyance
- Exceptions Manual: