SB 443 Prohibits title agencies from commingling certain funds and imposes other requirements on title insurers
Sponsor: Taylor
LR Number: 0257S.03I Fiscal Note:
Committee: Small Business, Insurance & Industrial Relations
Last Action: 3/2/2005 - Second Read and Referred S Small Business, Insurance & Industrial Relations Committee Journal Page: S338
Title: Calendar Position:
Effective Date: August 28, 2005

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Current Bill Summary


SB 443 - This act prohibits title agencies from commingling escrow funds held by the title agency. The act requires the title agency to establish separate fiduciary trust accounts for the deposit of such funds.

This act requires title insurers to issue closing or settlement protection to a proposed insured if the title insurer issues a commitment, binder or title insurance policy. The current law allow the title insurer to do so if the insured requests closing or settlement protection (Section 381.058).

Under this act, settlement agents who accept funds of more than $2,500 for a closing shall require the buyer, seller or lender to convey the funds as certified funds. The current threshold in the law is $10,000. Under this act, no title insurer, title insurance agency or title insurance agent, shall make any payment, disbursement or withdrawal in excess of $2,500 from an escrow account which it maintains as a depository of funds received from the public for the settlement of real estate transactions unless a corresponding deposit of funds was made to the escrow account for the benefit of the payee. The current threshold is $10,000 (sections 381.410 and 381.412).

STEPHEN WITTE