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#45120 - 11/22/02 05:08 PM Title Insurance
Anonymous
Unregistered

Title insurance is not considered a finance charge. But, if the title company is an affiliate of the bank, is it still not considered a finance charge?
Thank you for your help!

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Lending Compliance
#45121 - 11/22/02 05:16 PM Re: Title Insurance
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 83,389
Galveston, TX
It would not be considered a finance charge, but the cost would have to be added back in for Section 32 purposes.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#45122 - 11/22/02 07:05 PM Re: Title Insurance
OnTheEdge Offline
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Joined: Apr 2002
Posts: 1,677
SmallTown, USA
Seems like, you cannot require purchase of title insurance from an affiliate. Just a word of caution.
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#45123 - 11/22/02 07:14 PM Re: Title Insurance
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 83,389
Galveston, TX
I think that a bank can purchase title insurance (lender coverage) from whomever they want - can't they. They just couldn't require the borrower to purchase title coverage (owner's coverage) from a particular provider - or is too late in the week for me???
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#45124 - 11/26/02 03:31 PM Re: Title Insurance
Howard Lax Offline
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Howard Lax
Joined: Jan 2002
Posts: 478
Bloomfield Hills, Michigan
Some state require a "Chinese Wall" between lending and insurance functions. See, for example, Michigan Compiled Laws 500.1243.
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Howard A. Lax Lipson, Neilson, et. al. Bloomfield Hills, MI hlax@lipsonneilson.com

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#45125 - 11/26/02 07:00 PM Re: Title Insurance
CHT Offline
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Joined: Apr 2002
Posts: 100
Silver Spring, Maryland, USA
You do have to disclose the relationship between the title insurance provider and the bank to the customer for the purchase of the lenders' coverage.

I do not beleive that you can mandate the purchase of owners' coverage. However, most of the time it would not be cost effective to pay for a full title search from another party in order to get the coverage!
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IMNSHO, FWIIW

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#45126 - 12/05/02 10:15 PM Re: Title Insurance
Howard Lax Offline
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Howard Lax
Joined: Jan 2002
Posts: 478
Bloomfield Hills, Michigan
In Michigan, some the title underwriters anticipated the split coverage in a home sale, and filed the appropriate premiums with the state to allow two agencies to split the basic fee that would be charged if one agency is providing both the owner's and mortgagee's policies.
_________________________
Howard A. Lax Lipson, Neilson, et. al. Bloomfield Hills, MI hlax@lipsonneilson.com

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