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Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
All legal documents must be drafted by an attorney licensed to practice in the State of Alabama. Parties to a transaction can draft their own documents if they are doing so on behalf of themselves.
Title Opinions must be rendered by an attorney licensed to practice in the State of Alabama.
Searching, examining title, closing, and disbursing do not have to be handled by an attorney. Commencing 1/1/13, agents issuing commitments, policies and endorsements must be licensed and the signatory must be likewise licensed.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
No specific requirement for the involvement of attorneys. The actual use will depend upon the complexity and magnitude of the transaction.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
Arizona state law does not require attorney or abstractor involvement; however policies must be issued by a licensed issuing agent with Dept. of Insurance with an Arizona licensed title insurer. Arizona Revised Statutes requires, among other things, that you must maintain a title insurance plant for any county (that you issue a title insurance policy) that has over 100,000 people based upon that last decennial census. The link for Arizona Department of insurance is: http://www.id.state.az.us/index.html. Title plant maintenance includes being a lessee or joint owner of a title plant. Alternatively, you may base your title policy on a title policy issued to you from a title insurer who does maintain such a title plant in the respective county or counties.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
The commitment and final policy must be issued by a Licensed Title Insurance Agency and signed by a Licensed Title Insurance Agent. There is no requirement for attorney involvement. This is in keeping with Act 684 of 2007 and its associated rules.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
Only licensed underwritten title companies and licensed title insurance companies can issue title insurance. There is no state requirement for the involvement of an attorney, abstractor or other special professional. “Professionals” may be retained to provide information to underwritten title companies or title insurance companies but cannot issue title insurance.
Title and escrow companies are permitted to prepare “form” documents but otherwise legal documents must be prepared by an attorney.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
Title searches, examinations, closings and policy production are, ordinarily, performed by non-attorneys. Non-attorney title professionals are permitted to prepare form deeds provided that they are instructed to do so by a licensed realtor or attorney.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
Historically, by custom, real estate closings in Connecticut have been conducted by attorneys and pursuant to state statutes only attorneys licensed to practice law in the State of Connecticut may be title insurance agents.
Effective October 1, 2019, Public Act 19-88 requires that “real estate closings” must be conducted by a Connecticut licensed attorney in good standing. The statute defines "real estate closing" as a closing for “(1) a mortgage loan transaction, other than a home equity line of credit transaction or any other loan transaction that does not involve the issuance of a lender's or mortgagee's policy of title insurance in connection with such transaction, to be secured by real property in this state, or (2) any transaction wherein consideration is paid by a party to such transaction to effectuate a change in the ownership of real property in this state.”
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
A licensed Delaware attorney must conduct the settlement and must make the disbursements. The attorney must also examine the title.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
Both attorney and lay settlement agent closings are permitted in the District of Columbia. All title insurance producers must be licensed. Only a licensed producer can conduct a closing in which a title insurance policy will be sold. Preparation of a deed is considered the practice of law. There are no licensing requirements for abstractors in the District of Columbia. We ask that each of our agents only hire competent abstractors that carry sufficient errors and omissions insurance. We usually ask that these policies add us as an additional insured. See DC Bulletins 2010004 and 2011001.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
An attorney licensed to practice law in Florida must prepare deeds, powers of attorney, and other instruments that are to be recorded. General closing documents that will not be recorded can be prepared by a non-attorney provided they are not contractual in nature.
However, a title agent may prepare documents that are incidental to the issuance of a title insurance policy.
A title agent may perform searches and examinations, sign documents, close transactions and disburse escrow funds.
A non-attorney may not render an opinion of title.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
"It is the opinion of the State Bar of Georgia that the physical presence of an attorney is required for the preparation and execution of a deed of conveyance (including, but not limited to, a warranty deed, limited warranty deed, quitclaim deed, security deed, and deed to secure debt). The Supreme Court of Georgia has consistently held that it is the unauthorized practice of law for someone other than a duly-licensed Georgia attorney to close a real estate transaction or to prepare or facilitate the execution of such deed(s) for the benefit of a seller, borrower, or lender. See Formal Advisory Op. No. 86-5 (86-R9) (May 12, 1989); Formal Advisory Op. No. 00-3 (Feb. 11, 2000); and Formal Advisory Op. No. 03-2 (Nov. 10, 2003)."
The Georgia State Bar has recently issued Formal Advisory Opinion No. 10-R2 on the role and responsibilities of non-lawyers and Georgia licensed attorneys in the closing and consummation of real estate transactions. The opinion places a new emphasis on the supervisory role of the Georgia licensed attorneys in real estate transactions, including refinances, and more clearly states what actions constitute the unauthorized practice of law. The opinion includes the following:
There are approved agents that are not attorneys but are required by law to work with an attorney to disburse settlement proceeds and close the transaction.
Code Section 44-14-13 of the Official Code of Georgia Annotated, as amended May 2, 2012, defines “Settlement Agent” for the purposes of disbursement of settlement proceeds in the closing of residential real estate transactions. For all purchase money and refinance transactions, only a lender or an active member of the State Bar of Georgia shall conduct the closing and disburse the closing proceeds as Settlement Agent. Any individual, corporation, partnership or any entity conducting the closing and disbursing funds in violation of this section shall be liable for damages to any party suffering a loss and shall also be guilty of a misdemeanor. On all property located in the State of Georgia, Issuing Agents must use a Georgia licensed attorney in good standing with the State Bar to conduct the closing and to disburse funds on all residential real estate transactions.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
Attorneys generally prepare documents for conveyances involving third parties. Preparation of legal documents, such as deeds, mortgages, etc. is considered to be the practice of law, and is to be done by an attorney, unless the document is prepared by a party to the transaction; e.g., seller drafts a deed. Blank form deeds are not available or used. In Hawaii for title insurance through Stewart Title, the documents to be insured must be handled/recorded through the local Stewart agent. Recordation directly with the recorder’s office by the customer directly or through a recording service is discouraged. For escrow functions, like disbursements, the company must be licensed by the State. A producer’s license is necessary to issue policies. Otherwise, there are no other state requirements for the involvement of an attorney, abstractor or other special professional.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
The Idaho statutes govern all aspects of title insurance. See Idaho Stat. 41-2704. A policy insuring property located in Idaho may only be issued by an agent that has obtained a title insurance agent’s license for each county in which policies will be written. See Idaho Stat. 41-2710. In order to obtain a license from the state, the agent-applicant must verify by oath, that such applicant if an individual, is a bona fide resident of Idaho, if a firm or association is composed wholly of Idaho residents, or if a corporation is duly authorized or qualified to do business in the state, that the individual agent (or if a corporation or association, its managerial personnel who are going to exercise the license privilege) has reasonable experience or instruction in the field of title examinations and title insurance and the insurance laws of Idaho, that the applicant owns or leases, separately or with another, and maintains an adequate, complete set of tract indexes and abstract records of each county wherein the agent proposed to do business, and such application shall be indorsed by the title insurer with whom the agent proposed to do business that the proposed agent is known to have a good reputation and is worthy of public trust and that such title insurer knows of no fact or condition that would disqualify the agent from receiving the permit. Id.
The title agent must obtain a surety bond for each escrow officer that will handle escrow funds or conduct closing and settlement. See Idaho Stat. 41-2710 and 41-2711.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
There is no required attorney involvement in the title insurance or closing process. However, Illinois strictly enforces its unauthorized practice of law statutes with respect to preparation of documents.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
Deeds, power of attorneys, and other legal documents that involve legal consequences of actions must be prepared by an attorney. See State v. Indiana Real Estate Association, Inc. 191 N.E. 2d 711 (1963 Ind.) State of Indiana Ex Rel. Ind. State Bar Ass’n v. Northouse, 848 N.E. 2d 668 (2006 Ind.) Only persons and entities who are licensed with the Indiana Department of Insurance may conduct a “real estate closing” defined as “activities to determine proper execution, acknowledgment and delivery of all conveyances, mortgage documents, and other title instruments necessary to consummate a transaction; activities to ensure consideration has been passed and all proceeds have been properly accepted and properly disbursed or the preparation of settlement or closing statements in connection with a transaction” See Department of Insurance Bulletin 135.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
Title insurance is not a line of insurance authorized to be written in Iowa, and there are no agents operating within the state. For further information, please call 1-800-821-7154.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
No attorney involvement is required. Commitment and Policy must be issued by a licensed agent. Closing and disbursement must be performed by a licensed agent. Licenses are issued by the Kansas Insurance Department. Non-Residents may obtain a Non-resident license. A Licensed Abstractor must issue a non-insurance product such as a Title Report or Informational Report.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
Laypersons may conduct real estate closings, but may not answer legal questions that arise at the closing, or offer any legal advice to the parties. However, preparation of deeds and mortgages constitutes the practice of law and must be prepared by an attorney. Countrywide Home Loans, Inc .v. Kentucky Bar Association; 113 S.W.3d 105 (Ky 2003).
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
Any title insurance report or title insurance policy relating to immovable property shall be based upon an examination of title, which shall be conducted only by attorneys duly licensed and authorized to practice law in Louisiana. The examination and resulting opinion, if it furnishes the basis of a title insurance report or title insurance policy relating to immovable property, shall be reduced to writing by the attorney.
La R.S. 22:512(17)
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
No state law requirements.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
Attorney involvement is not required for title searches, examinations, opinions of title, disbursements, document recording, preparation of standard closing documents, or policy-issuance.
Maryland Real Property §3-104(f)(1) requires an attorney to certify that any deed, mortgage or deed of trust has been prepared by an attorney or under an attorney’s supervision, or a certification that the instrument was prepared by one of the parties named in the instrument, in order to record the instrument.
Where title insurance is involved, only licensed title insurance producers may perform escrow, closing, or settlement services, or exercise control over trust money. In most cases, attorneys who solicit, procure or negotiate title insurance contracts require a title insurance license. There are special bonding, education and examination requirements for attorneys. Under Maryland unauthorized practice of law standards, only licensed attorneys may close uninsured transactions.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
Massachusetts is an “attorney state,” and all closings must be handled by them. Title examination may be performed by an independent non-attorney, but the attorney must review the abstract render the opinion of title.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
Attorney involvement is not required for title searches or issuance of policies. However, an attorney must draft “non-form” instruments if the seller is unwilling to act as drafter.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
There are no special rules concerning attorney involvement.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
Attorneys must prepare every legal document not prepared by a party to the transaction, including Warranty Deeds, Promissory Notes and Deeds of Trust, etc. Non-Attorneys may conduct closings but may not give legal advice.
An opinion of title must be prepared by an attorney but an opinion of title is not required to issue a title insurance policy.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
An attorney is not required. A Licensed Missouri Producer must search, examine, close, record or handle any other aspects of closing and commitment and policy issuance. (License issued by the Missouri Dept. of Insurance, Financial Institutions and Professional Licensing: MO DIFP) RSMo 381.031.19
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
Title Insurers may use the search and exam of either its title insurance producer or an approved attorney. As to closings, use of attorneys varies. They do the document preparation.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
State Supreme Court rules prohibiting unauthorized practice of law generally exempt title insurance companies/agents with respect to document preparation and other functions incident to industry practices.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
In Nevada, closings are accomplished thru an escrow officer, who obtains a title commitment from the authorized title company; attorneys are occasionally involved in drafting purchase agreements, and complicated documents memorializing the terms and conditions of the transaction.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
No state law requirements.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
You do not need to be an attorney to conduct a search, perform an examination of title or conduct settlement functions. Title agents are however prohibited from the unauthorized practice of law and non attorneys may not prepare deeds.
N.J.S.A. 17:46B-13. Prohibition against the practice of law: No title insurance company and no title insurance agent shall engage in the practice of law or render legal services, legal advice or legal opinions.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
Title insurance agents provide universal, comprehensive, and complete service on all aspects of escrow and title in the closing of a real estate transaction. No state law requires the involvement of an attorney, abstractor or other special professional in any aspect of this process. Attorneys are infrequently involved in a typical residential transaction in either a representative or closing agent capacity. Some agents choose to contract closing deed and real estate contract document preparation to attorneys. Attorneys may be involved in a representative capacity for a party for commercial transactions, but usually not as closing agent.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
Attorneys are involved in all aspects of the residential and commercial sale. They negotiate the contract, hold earnest money deposits, review title certificates, draft conveyance documents and provide settlement services. Typically, each party to a transaction has an attorney representing their interests. In residential refinances, the attorney typically represents the bank only. In some jurisdictions, attorneys also act as Title Agents. However, there is no requirement for attorney involvement in the title search or the issuance of a title insurance policy.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
A North Carolina licensed attorney, who is not an employee or agent of the title company, must certify title to a title company before a title policy may be issued per North Carolina General Statute section 58-26.1. Title companies may be owned, operated by or employ attorneys, but the attorney may not certify title to the company.
Drafting of legal documents, including deeds, mortgages, and other transaction documents must be prepared by a NC attorney. NCGS § 84-2.1.
Non-attorneys may provide limited services in a real estate closing including witnessing of closing documents and receipt and disbursement of closing funds. The recent NC revised opinion on Authorized Practice now requires the supervision of the closing by a NC attorney, approval of funds for disbursement and final certification of title. See Stewart Bulletin NC2012002.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
North Dakota Century Code (NDCC) 26.1-20-05: Commitment must be based on title evidence of a licensed abstractor and such evidence must be examined by a North Dakota licensed attorney.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
An attorney licensed to practice law in Ohio must prepare deeds, powers of attorney, and other instruments that are to be recorded. One exception is that a party to the transaction may prepare an instrument in which they are a party. General closing documents that will not be recorded can be prepared by a non-attorney provided they are not contractual in nature. For instance, only attorneys can prepare sales agreements, with the exception that realtors in Ohio may also prepare sales agreements. A non-attorney can prepare a document that will be recorded, if that document is self-prepared for the preparer’s benefit (for instance, a power of attorney) and does not affect the rights of others. A deed could likewise be self-prepared in a situation where it is from grantor to grantor’s trust or LLC.
All documents to be recorded must be prepared by an attorney other than the limited exceptions discussed above.
A non-attorney may perform searches and examinations, sign documents, close transactions and disburse escrow funds.
A non-attorney may not render an opinion of title.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
An opinion of title by an Attorney licensed to practice law in Oklahoma based upon an examination of a duly certified abstract of title prepared by a licensed and bonded Oklahoma Abstractor is required prior to the issuance of a Commitment or Policy of Title Insurance.
Title companies, title agents and attorney agents must be licensed by the Oklahoma Insurance Department. 36 O.S. § 5001 (c); 36 O.S. § 1435.1 et seq; OID Rule 365:20-3-2.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
No attorney or abstractor involvement is required by state law for any of the listed functions related to the real estate transaction.
Under ORS 731.438 in order to operate a title plant, it must be owned and maintained for each county that an insurer operates in
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
None required. Title agents may prepare all documents to be insured. However, only attorneys may explain settlement documents.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
Rhode Island General Laws, Section 19-9-6, gives every prospective mortgagor the right to select his own qualified title attorney or title insurance company. Title Insurance agents must be licensed by the Rhode Island Department of Business Regulation, Insurance Division, under Rhode Island General Laws, Section 27-2.6-1. There is no license necessary to be a title searcher.
On May 29, 2020, the R.I. Supreme Court issued an opinion holding that title insurance companies and their agents do not engage in the unauthorized practice of law when they: (1) conduct a residential real estate closing; (2) draft a residency affidavit; and (3) draft a durable power of attorney limited to the closing, so long as these activities are carried out in connection with the issuance of title insurance. Non-attorney closing agents must, however, make certain disclosures to the buyer and seller that the closing agent is not an attorney, and the disclosures must be signed by all parties.
The Court has held that the examination of title for marketability, and the drafting of a deed, constitute the practice of law and must be undertaken by a licensed attorney. There is no state statute requiring a title certification from an attorney.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
South Carolina is a traditional attorney-state which defines the closing of real estate transactions as the practice of law. Specifically, the SC Supreme Court has identified five functions which constitute the practice of law:
(1) Supervision of the title search and title examination;
(2) Review of closing documents;
(3) Supervision of the closing (Note: paralegals may not conduct closings);
(4) Supervision of the recording of documents;
(5) Supervision of the disbursement of funds.
It should be noted that in the case of Matrix Financial Services Corp. v. Frazer, 394 S.C. 134; 714 S.E.2d 532 (2011) the Supreme Court indicated that if a mortgage loan closing was done without a South Carolina licensed attorney being involved as stated above, the lender may be denied equitable relief in a foreclosure action.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
Title policy must be countersigned by SD licensed abstractor. SDCL 58-25-16.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
Attorney involvement is not required for title searches or issuance of policies. However a company issuing a policy must be a title insurance agent licensed by the Tennessee Department of Insurance.
A non attorney can draft closing documents, and documents required to issue a policy. Any other document must be drafted by an attorney.
Any documents not related to the closing must be drafted by an attorney, i.e., easements, rights of way etc.
A non attorney cannot give an opinion.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
Attorney involvement is not required at any stage. Fee attorneys act as escrow officers for title companies and receive a percent of premium and can have the title company’s name on door in return for audit of their escrow accounts. Third party attorneys operate under authority of Procedural Rule P-22, are not escrow officers and cannot receive Insured Closing Protection. Search, exam and closing the transaction can all be done by layperson.
Title insurance agents must provide title evidence from a licensed abstract plant. Attorneys can, for an agreed upon fee, examine or close the transaction as defined in procedural rule P-1f of the Texas Basic Manual for Writing of Title Insurance promulgated by the Texas Insurance Department.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
A policy insuring property located in Utah must be issued by a title insurance producer who is a resident of Utah through a bona fide branch office in Utah under the direction and control of the title insurer that pays all the expenses of the branch office or through a subsidiary title insurer authorized to do business in Utah. See Utah Code Ann. § 31A-14-211. Utah has specific requirements for title insurance producers to be licensed, maintain bonds and to pay to certain reserve funds. See Utah Code Ann. § 31A-23a-204. A person licensed to practice law in Utah is exempt from being licensed and is not subject to the requirements contained in Utah Code Ann. § 31-23a-204 if the attorney issues 12 or less policies in any 12 month period. The attorney, however, must maintain a separate trust account. See Utah Code Ann. § 31A-23a-204(7) and (8).
Only the title agent issuing a title insurance policy may perform escrow related matters including the closing, disbursement, recording, and preparation of documents or other matters relating to escrow. See Utah Code Ann. § 31A-23a-406, See also Utah Insurance Department, Bulletin 2007-05.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
In the usual course of business, Vermont attorneys, or a qualified paralegal supervised by a Vermont attorney, conducts the search and examination of title and conducts the closing. If a legal opinion of title is provided, it is executed by a Vermont Attorney.
Vermont does not have an unauthorized practice of law statute, however there is Vermont Case Law indicating that deed preparation constitutes the practice of law. In re Welch 123 VT 180 (1962). There is also a Vermont Bar Association Advisory Ethics Opinion (99-03) which indicates that a paralegal is qualified to conduct a loan closing on behalf of a lender client where that paralegal’s role is limited to preparation of the Settlement Statement and supervising the execution of documents, so long as the Attorney is available for questions.
With respect to issuance of title insurance policies, only a licensed producer may execute policies on behalf of an underwriter. In order to become a licensed producer, one must be an attorney, but may be an out of state attorney.
Disbursement and recording legal documents post-closing is generally an administrative task and does not require an attorney or paralegal.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
Attorneys must prepare legal documents; no other requirements.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
Escrow documentation may be prepared by attorneys or by Limited Practice Officers (LPOs) licensed under Admission to Practice Rule 12 (APR 12). The latter are limited as to the scope and nature of the pre-authorized documents that the LPO may complete for execution by the parties, as opposed to the source of the Escrow Officer functions in other jurisdictions.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
Unauthorized Practice of Law opinion (UPL) states that attorneys must be directly or indirectly involved with all aspects of closings, including the search of the public records; contract searches should be done by or under the supervision of a West Virginia attorney. Title insurance may only be issued upon an opinion by a licensed West Virginia attorney.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
Attorney involvement may be needed to the extent that drafting of documents is treated as the unauthorized practice of law. Wisconsin Statutes Section 757.30.
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
No person may act as a title agent in Wyoming unless licensed in accordance with the requirements of the Wyoming Insurance Code. See Wyo. Stat. §26-23-316. No license may be issued or continue to exist for any person that is not a bona fide resident within the state or any other state which has entered into a reciprocal title agent licensing agreement with the commissioner of insurance. See id.
No title insurance as to property within the state may be issued unless it is based upon adequate evidence of the current condition of title certified in writing as of the date of the policy by a person who is authorized to conduct business as an abstractor who obtains a full and complete set of abstract records of title of all real estate situated in the county or unless an attorney authorized to practice in Wyoming provides an opinion as to the condition of the title following a review of the pertinent title records or abstracts. See Wyo. Stat. §26-23-308 and §33-2-101.
A title insurer or title agent may engage in the escrow, settlement or closing business provided that funds deposited in connection with any escrow are deposited in a separate fiduciary trust account or other financial institution insured by an agency of the federal government. See Wyo. Stat. §26-23-314.
To avoid unauthorized practice of law issues, attorneys should prepare documents affecting real estate issues including deeds and mortgages. See Rule 11.1 of the Rules of the Supreme Court of Wyoming Providing for the Organization and Government of the Bar Association and Attorneys at Law of the State of Wyoming and Wyo. Stat. §33-5-117.
