|
|
|
|


It was a Very Good Year
Title Guaranty transferred $2.4 million to the Iowa Finance Authority during 2012. We issued nearly 75,000 Certificates covering lenders and owners on residential and commercial transactions. Ninety-one percent of all Certificates were issued by our partner attorneys, abstractors and independent closers. We are pleased that so many lenders are taking advantage of the benefits gained by working with their local providers. Working locally has greatly reduced the time frame for both Commitments and Certificates. It also supports home buyers in the state of Iowa, because Title Guaranty transfers all revenue in excess of our operating expenses to the Iowa Finance Authority to support housing initiatives.
Through the Mortgage Release program, we were able to release 339 previously paid in full, but unreleased mortgages. We are currently working with the Iowa Legislature to streamline this process for the future.
Title Guaranty is anticipating a strong year for 2013. While refinance activity remains high, we are seeing an increase in purchase business and anticipate the trend to continue. We continue to look for opportunities to make our process more efficient, while providing the best possible title coverage.
Some of the changes you will read about in this newletter include increasing the threshold for requiring a survey or real property inspection report from $500,000 to $750,000, and revisions to the Composite Mortgage Affidavit. Another area addressed in this newsletter is our Commercial department. Many lenders are not yet aware that we offer a full service Commercial department which provides escrow and closing services, in addition to complete title coverage.
Please read on to learn more about the changes occuring at Title Guaranty, and do not hesitate to contact a staff member or the Title Guaranty Help Line at 515.725.4357. |

Changes to Requirements for Survey or RPIR
At their March 5, 2013, meeting, the Title Guaranty Board approved a change to the requirement for a survey or real property inspection report (RPIR) in order to provide survey coverage for various lender's and owner's Certificates. Effective on that date, a survey or RPIR is now required for loan amounts greater than $750,000. This is an increase over the previous threshold which was loan amounts greater than $500,000.
All other requirements to provide survey coverage remain the same. A survey or RPIR is still required if the guaranteed land is 40 acres or more, or if an owner's Certificate includes survey coverage. A survey or RPIR may be required if there is a known encroachment that affects the property. A drawing is not required if the guaranteed property is a condominium organized under the Iowa Horizontal Property Regime Act. In the case of a refinance, the use of the Affidavit of No New Improvements signed by the landowners is still acceptable.
For questions or additional information, please contact Bob Skelley. |

What is the difference between the Comprehensive 1 - Improved Land Endorsement and the Comprehensive 2 - Lender's Restrictions, Encroachments, Minerals Endorsement?
Title Guaranty offers two endorsements which add extended coverage to the basic lender's certificate: the Comprehensive 1 - Improved Land Endorsement ("Comp 1") and the Comprehensive 2 - Lender's Restrictions, Encroachments, Minerals Endorsement ("Comp 2"). We are often asked, "What is the difference?" or "Which one should I use?"
Both endorsements guarantee against a broad range of possible defects, but there are some restrictions against their use. When comprehensive coverage is requested by the lender, Title Guaranty recommends that you issue the Comp 1 Endorsement whenever possible. The Comp 2 Endorsement may be issued upon specific request by the lender, or if the lender requests the ALTA 9 Endorsement.
The chart below outlines some of the basic differences between the two endorsements:
Comprehensive 1 - Improved Land |
Comprehensive 2 (ALTA Form 9) - Lender's Restrictions, Encroachments, Minerals |
Free |
$15.00 charge |
May not be issued for a construction loan |
May not be issued for a construction loan, vacant land, un-subdivided land, land platted by a county auditor or land where mining operations are active and surface rights are in current use | |
Provides some coverage for any future violations of any covenants, conditions and restrictions occurring prior to the acquisition of title to the land |
Provides some coverage for encroachments onto easements shown on Schedule B |
Provides some coverage for encroachments onto easements shown on Schedule B, and also encroachments onto adjoining land or any encroachment onto the subject property from adjoining land | |
Provides coverage for damage resulting from the future exercise of any right to use the surface of the subject property for the extraction or development of minerals |
The choice between the two endorsements is up to the lender. If you have more specific questions about Comprehensive Endorsements, please contact Bob Skelley. |

Title Guaranty Modifies the Composite Mortgage Affidavit On March 5, 2013, the Title Guaranty Board adopted a modified Composite Mortgage Affidavit (CMA), effective March 14. This replaces the CMA for Primary Residence form. The new form is available for download on the Title Guaranty web site, and can be printed with the Commitment. The new form makes the attestations by sellers/owners and purchasers more accurate and highlights the free Owner's Certificate option. Participants can continue to use the former CMA for Primary Residence for closings prior to September 1, 2013. The new form separates the affiant language for the Seller/Owner and the Purchaser.
- The Seller/Owner is asked to swear or affirm to the statements regarding labor performed, public improvements, unrecorded documents, improvements within property boundaries and covenants impacting the property.
- The Purchaser is asked to affirm that the property will be his/her primary place of residence, and asks the purchaser to check "yes" to receive a free Owner's Certificate.
Sellers and Purchasers may execute separate affidavits. The CMA is required when issuing Lender or Owner Certificate(s). The All Purpose CMA is also available for those transactions that are not applicable for the new CMA form. |

Why use Title Guaranty Commercial Services for your next commercial transaction?
We provide experienced closing assistance and outstanding customer service. Here are several reasons to place Title Guaranty Commercial Services at the top of your list:
- Fast turnaround, competitive pricing.
Commercial Commitments are generally issued within twenty-four hours to speed the closing of your transaction. Commercial closings follow your timetable, and our staff takes great pride in answering questions and responding to inquiries promptly and efficiently. - We understand Iowa Law.
Title Guaranty works with you to ensure accuracy between our coverage and your closing documents, with the protection of the consumer in mind. Finally, Title Guaranty attorneys and closers have a firm grasp of Iowa law to ensure the success and ease of your transaction. - We offer full-service, one-stop shopping.
We can manage the entire transaction, from Commitment stage to delivering the Certificate. Our services are customized to each transaction. Our underwriting attorneys work collaboratively with you to prevent delays and resolve any issues that may arise before and after closing. We also offer full-service construction loan disbursement and escrow services after closing. - No transaction is too big or too small.
We handle a wide variety of transactions, encompassing everything from owner-to-owner transfers of bare agricultural land to multi-family housing units with multiple lenders. Our underwriting attorneys have experience, and are willing to bring their expertise to complex projects. No matter the size or complexity of your transaction, Title Guaranty can offer coverage and closing services at competitive rates. - Being a customer benefits Iowa and Iowans.
Title Guaranty profits are reinvested right here in Iowa, providing economic stimulus by assisting first-time homeowners.
|

Mechanics' Notice & Lien Registry (MNLR) Update
The MNLR became active on January 1, 2013, on the Secretary of State's web site. In the first two months of operation, 399 documents have been posted in 67 counties. Mechanics' liens have been posted in 45 counties.
On January 25, Title Guaranty posted a "Statement on the Use of the Mechanics' Notice and Lien Registry" on the web site. Abstractors, attorneys and closing agents are expected to follow procedures used prior to January 1 to assure that the mortgage is a valid first lien on the real estate. This requires:
- Checking the MNLR for notices and liens;
- Asking the owner/seller if any labor, materials or equipment has been furnished in the last 90 days, before the date of closing; and
- Obtaining lien waivers from all parties that have either posted a notice, lien or furnished labor, materials or equipment on the property in the past 90 days.
To search the MNLR, you do not need to register as an MNLR user. You can simply follow the instructions below to search the registry for possible notices or liens.
- Visit the Secretary of State's web site and select "Search".
- You may search by MNLR number, legal description, tax parcel identification number, property address, property owner, general contractor or date/county/type of posting.
- If you search by Legal Desctiption, there are two match types: near or exact. For both searches, certain words are equivalent to standard abbreviations, for example "SW" is read as "Southwest" and vice versa. The search function also ignores punctuation and words like "a", "at", "from", "for", etc.
- For an exact search, all of the words entered must be entered exactly as the MNLR user entered them (spelled the same, in the same order and with all of the same words).
- For the near search, the search will return all postings with legal descriptions that equal ALL of the words that the searcher enters. For this legal description, "Fleming and Davis Addition of all Lots 7, 8, 9, 10, 11 and 12 of Blk 36, City of Council Bluffs, Pottawattamie County, Iowa", this property would be in the search results for any of the following:
- Fleming;
- Pottawattamie County, Iowa;
- Davis Fleming Lots Block;
- Lots 7, 8, 9, 10;
- Block 36.
However, these search phrases would not return this legal description because including a word in your search criteria that is NOT in the legal description would suppress results. Here are some examples of words and phrases that would not successfully return a result because of misspelling, incorrect word pairing or overt error:
- Fleming Des Moines;
- David Council Bluffs;
- Potawatamie County;
- Block 37.
- You may also search by Date, County and Type of Posting. This search result is especially attractive because the search results include the date range for the date range by which the search is occuring. For example, if you select the Begin Date Time as Day One, the date and time shown is 1/1/2013 at 12:00 a.m., and if you select the End Date Time as Now, the date and time shown is the month, date, year, hour, minute and second of the search. When selecting type of posting, you may limit your search to only the Commencements of Work, Preliminary Notices, Mechanic's Liens or Other (such as demands, bond postings, lien waivers, etc.)
|
|
|
|