- April 30, 1993
- All Issuing Agents in the Counties of El Paso, Hudspeth, Culberson, Jeff Davis, Brewster and Presidio
- Tigua Tribe Claim
An Affidavit has been recorded in the El Paso County Real Property Records on behalf of the Tigua Indian Tribe. The Affidavit discloses that the Tigua Indian Community filed a notice of claim on September 26, 1983 with respect to the Ysleta, Senecu, Socorro and Ascarate Grants in El Paso County and Aboriginal Title Areas in El Paso, Hudspeth, Culberson, Jeff Davis, Brewster and Presidio Counties.
With regard to this claim you should do the following:
- In Schedule C of your commitment, on all properties located in El Paso, Hudspeth, Culberson, Jeff Davis, Brewster and Presidio Counties, add the following note:
"Note: An Affidavit that is a "Notice of claim to the Ysleta Grant and Aboriginal Title Areas' has been filed. The memorandum attached to this Affidavit states that "the claim is one for return of possession from third parties of all lands contained within the Ysleta, Senecu, Socorro and Ascarate Grants in El Paso County, Texas (based on aboriginal title and specific Spanish and Mexican Grants); as well as the balance of El Paso County and all of Hudspeth, Culberson, Jeff Davis, Brewster and Presidio Counties, Texas (based on aboriginal title only); and for damages for trespass and unlawful occupation and use." Upon request to the company, you may receive a copy of the Affidavit and memorandum. The policy to be issued to you will not except to the Affidavit or claims reflected by the Affidavit."
- Before issuing an Owner Policy of Title Insurance (T-1) or Texas Residential Owner Policy (T-1R) you should require the proposed insured to sign a letter that discloses the Affidavit and claim. Please see referenced form at the end of this bulletin.
- Do not make representations with regard to the Affidavit and claim. Do not represent that the claim is "no problem". Simply state that we will be willing to issue without exception and provide insurance in accordance with the terms of the policy.
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.