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#2000632 - 03/09/15 08:27 PM Notice of Title Protection - Signature Required?
lvannor Offline
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Joined: Feb 2014
Posts: 7
Does the Notice of Title Protection require the customer's signature? The form has a signature line, but is it an option in our doc prep system (Laser Pro)?

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#2000686 - 03/10/15 05:11 AM Re: Notice of Title Protection - Signature Required? lvannor
Pauli Loeffler Offline
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Pauli Loeffler
Joined: Jan 2011
Posts: 76
OK
A signature isn't required. Software providers are notorious for adding a signature line to docs where there is no statutory or regulatory requirement. A cover letter, check list, etc. is sufficient to document that it was provided.

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#2067149 - 03/02/16 07:13 PM Re: Notice of Title Protection - Signature Required? lvannor
GenerousLife Offline
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Joined: Feb 2002
Posts: 1,466
USA
However, procedurally, if the form has a signature line, you should obtain it. Remove the signature line.
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#2202959 - 01/14/19 10:28 PM Re: Notice of Title Protection - Signature Required? lvannor
MonicaMc Offline
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MonicaMc
Joined: Dec 2013
Posts: 236
Land of Oz
Digging up this old thread RE: Notice of Title Protection

I see the statute says it has to be delivered "at application." Can anyone define that any further?

Do we have 3-days from application to deliver it like most other time-sensitive docs? We receive applications by phone, our website, in-person, and even sometimes by mail - so I wanted to be sure.

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#2205431 - 02/07/19 10:32 PM Re: Notice of Title Protection - Signature Required? lvannor
Brightside3277 Offline
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Joined: Aug 2012
Posts: 85
Oklahoma
You can find the statute at http://www.oklegislature.gov/osstatuestitle.html. Oklahoma Statutes Title 46, Sec. 19, 20 and 21. The notice must be given at the time of application, and cannot be waived.

§46-20. Issuance of title protection document - Notice - Waiver.
A. If a title protection document will be issued to the mortgagee, the mortgagee shall give to the buyer at the time of loan application written notice containing the following:
1. Whether the title protection document will provide protection to the buyer; and
2. That the buyer should seek independent, competent advice as to whether the buyer should obtain any additional title protection document. In the event said additional title protection is desired, it shall be obtained by the buyer in a timely manner in order to avoid undue delay of the closing under the terms of the contract of sale.
B. The requirements of this section shall not be subject to waiver by the buyer.
Laws 1979, c. 166, § 2.
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#2213635 - 05/15/19 02:35 PM Re: Notice of Title Protection - Signature Required? lvannor
HRH Okie Banker Offline
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Posts: 3,070
Oklahoma
The statute says

A. If a title protection document will be issued to the mortgagee, the mortgagee shall give to the buyer at the time of loan application written notice containing the following:

Does that mean that this disclosure is only required if we plan on using title insurance with the loan. What if we use a Title Opinion or a Title Search? TIA
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#2213652 - 05/15/19 03:36 PM Re: Notice of Title Protection - Signature Required? MonicaMc
Pauli Loeffler Offline
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Pauli Loeffler
Joined: Jan 2011
Posts: 76
OK
The statute says "at application" without more. Do I think the bank will be cited if not provided at the time the application is made, I doubt it. Remember, this is not a "consumer only" requirement, and applies to aall purchases of improved real estate and unimproved real estate where the funds will be used both for purchase and construction.

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#2213654 - 05/15/19 03:44 PM Re: Notice of Title Protection - Signature Required? HRH Okie Banker
Pauli Loeffler Offline
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Pauli Loeffler
Joined: Jan 2011
Posts: 76
OK
Sec. 19 provides this definition: "5. "Title protection document" means a lawyer's title opinion letter, a title certificate, a title insurance policy or other written assurance as to the state of the title to property."

So yes, the notice must be provided whenever the mortgagee will receives any written assurance with regard to title even if no title insurance is involve.

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#2213709 - 05/15/19 07:15 PM Re: Notice of Title Protection - Signature Required? lvannor
HRH Okie Banker Offline
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Joined: Jan 2003
Posts: 3,070
Oklahoma
Thank you.
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