Iowa Title Guaranty Compliance Snippets
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A non-purchase transaction is not eligible for the use of an Iowa Title Guaranty Form 900 when the legal description has changed since the last full value deed.
Common examples:
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- Owner sold a portion of the property (third party purchaser, condemnation, right-of-way grant, etc.)
- Property has been split by virtue of a plat of survey or subdivision plat.
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When rendering a title opinion for use in the issuance of ITG coverage, a participating attorney must include an exception for any active MNLR posting related to the guaranteed real property (“Land”), including commencement of work notices, preliminary notices and mechanic’s liens.
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When the lender is requiring a Manufactured Housing endorsement, use the following guidance to select the correct endorsement:
If the manufactured housing unit has already been converted to real estate, select the Manufactured Housing Unit Endorsement (ALTA 7-06).
If the manufactured housing unit is being converted at the time of closing, select the Manufactured Housing Unit—Conversion—Lender’s Certificate Endorsement (ALTA 7.1).
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The field issuer has an obligation to retain evidence of compliance with all requirements for each issued endorsement.
For new or recent construction, to issue either the Comprehensive—Improved Land Endorsement or the Restrictions, Encroachments, Minerals—Lender Certificate Endorsement one of the requirements is verification of complete construction.
For combined lender coverage under the conforming loan limit the field issuer may confirm completion of construction by obtaining:
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(i) A final appraisal showing no possible encroachments, or
(ii) An RPIR or survey of the Land prepared by a licensed survey or showing the boundary lines, location of improvements relative to the property lines, easements, building setback lines, property dimensions, and no possible encroachments.
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For combined lender coverage that exceeds the conforming loan limit, ITG requires an RPIR or survey of the Land prepared by a licensed surveyor showing the boundary lines, location of improvements relative to the property lines, easements, building setback lines, property dimensions, and no possible encroachments.
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| CLOSING PROTECTION LETTER |
When a CPL is issued, ITG requires the CPL closer to manage the proper recording of closing documents, including but not limited to, the title clearing documents, vesting deed and guaranteed mortgage, with the appropriate county office immediately after disbursement. Additionally, the CPL closer must confirm that the documents are filed no later than the tenth (10th) business day following the pre-closing search certification date. If more than 10 business days have lapsed, then an updated search must be obtained and any new matters affecting title must be resolved of record.
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ITG STAFF SPOTLIGHT- Commercial Attorneys |
Michael Mertens; michael.merterns@iowafinance.com; 515.452.0451
Mike evaluates each claim request to determine if the criteria for coverage under the certificate has been met. When the criteria are met, and a claim has been accepted, Mike manages the claim resolution process.
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