- January 22, 1993
- All Issuing Offices (except Texas)
- Uniform Federal Lien Registration Act
Uniform Federal Lien Registration Act or similar legislation requires that the Federal Government file its lien in the appropriate land records of the State in order for it to attach to the real property. Therefore, in states which have passed this legislation or type of legislation, in the event the Environmental Protection Agency would obtain a cleanup lien against an owner or prior owner of real property, the lien would not attach to the real property unless filed in the real property records. The fact the EPA received a judgment in a Federal District Court would not create a lien against any property until the lien is filed for record.
Only in those states which have not passed and implemented the Uniform Federal Lien Registration Act or similar legislation is it necessary to check Federal District Courts for EPA liens. However, agents in these states are relieved of the responsibility to check the Federal District Court records; Stewart Title Guaranty Company has undertaken that responsibility and will inform agents in those jurisdictions who do not have this type of legislation of any EPA liens.
Please file the attachment at the end of Section 5.08 of your underwriting manual.
District of Columbia
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.