Bulletin: UT000006

Date:
April 28, 1993
To:
All Policy Issuing Agents, Offices and Approved Attorneys - Utah
RE:
First Lien Letter

Dear Associates:

The Commissioner of Insurance of the State of Utah has issued its Bulletin 93-2 proscribing the execution of documents entitled 'First Lien Letter' and any similar closing instruction that requires the closing agent to engage in the business of title insurance as a title insurer as defined by statute.

Stewart Title Guaranty Company has previously proscribed the practice of executing closing instructions that increase the liability of the closing agent or Stewart by making reference to title matters not otherwise provided for in the policy of title insurance committed to be issued. Policy issuing agents are not to act in our behalf with regard to closings or in any manner incur liability in our name. The sole responsibility assumed by the Company relating to closings is outlined in the insured closing letters provided to your clients.

You should carefully review all closing instructions to insure that you as a closing agent are not incurring liability in our name or otherwise violating the provisions of Bulletin 93-2 issued by the Commissioner of Insurance of the State of Utah.

If you have any questions as to whether certain instructions violate the provisions of Bulletin 93-2 or incur additional liability upon Stewart, please feel free to contact the undersigned or Allan Wasserman at (619) 692-1600.

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:
None
Underwriting Manual:
5.16 Escrow Closings
Exceptions Manual:
None
Forms:
None