Happy New Year from the Legal Department of Stewart Title Insurance Company (“Stewart”). We wish you a prosperous 2023!!!
The New Year is finally upon us! I wish to direct your attention to certain new information and technological advancements. In 2023 you will have access to Stewart's New York Recommended Title Guidelines reflecting years of frequently used customs, practices, and requirements applicable to common transactions. We have also updated our New York Recommended Exceptions and Requirements Manual and Federal and New York State Lien Chart. As promised, we have also integrated with AIM+, ResWare, Closers' Choice, TrackerPro, RamQuest, SnapClose, SoftPro, Title Express, DisplaySoft, FileTrak, LandTech, Qualia, Title Fusion (aka accutitle and titledesktop), and TurboTitle. Additional integrations are continuing.
This Bulletin reminds you of your obligations as a policy-issuing Agent of Stewart. In addition to possessing the common and customary knowledge associated with New York State real estate closings, you are required to have specific knowledge of Stewart's underwriting practices. To this end, Stewart provides you with monthly continuing education classes, our Virtual Underwriter, Title Alerts, Underwriting Bulletins, commonly used forms, and recommended manuals and guidelines to familiarize you with our underwriting practices. Kindly log on to the Stewart Agent Resource Center to access the documents mentioned above and other important information. To access the Agent Resource Center, go to www.stewart.com/new-york and click "Agent Log-In." You will need your Agent ID number to access the Resource Center. If you do not know your Agent ID number or need assistance accessing our resources, please contact your Stewart representative by calling (212) 922-0050. In addition, you may also access Stewart Title's Virtual Underwriter system at www.VUWriter.com.
In addition to the review of the below bulletins, please be aware of the continued effects (e.g., periods of moratoria, lien duration, and statutes of limitations) of the former Executive Orders and other restrictions/requirements due to the COVID-19 pandemic. To the extent you have any questions or concerns regarding the impact any governmental order or emergency legislation has on your transaction, please contact Stewart Title Legal Department at (212) 922-0050 and speak with any Underwriting Counsel
In addition to your obligations as a policy-issuing Agent of Stewart, you must also comply with all New York State Department of Financial Services regulations and Title Insurance Agent licensing requirements.
Please review Bulletins:
337 and 573 Abandoned Property Law Compliance.
361 Use of Stewart Rate Calculator
368 and 591 Adverse Possession and Out of Possession
393 Search Guidelines
394 Bulletins and Alerts
398 Errors and Omissions Coverage
399 Indemnities to clear liens
406 USA Patriots Act
418 and 572 Rate Manual
430 Compliance with approved forms
431 Section 26 of Rate Manual and Section 6409c of NYS Insurance Law
432 Recording
433 Mutual Indemnity Agreement
434 Prohibition on Self-Dealing
442 Anti-Fraud Plan
456 Comfort Letters/Non-Impairment letters
464 Short Sale Certification
465, 635, and 677 Insuring at or after Mortgage Foreclosure
472 Oil & Gas Affirmative Coverage
509 The Nationwide Case.
510, 562; 563, 583, and 645 Over limits/High Liability/Special/Extra Hazardous Risks
521 Search Limitations
592 and 605 Claims Avoidance, Cyber Fraud, and Email Compromise
608 NYS Title Insurance Regulation 206
611 TOEPP (TIRSA Owner's Extended Protection Policy)
620, 621, and 632 NY Insurance Regulation 208
630 NYS Law Chapter 297 Transfer Tax Returns for Residential Properties
649 Limiting Language on Surveys
652 and 660 New Statutory Short Form Power of Attorney
653 Special Warning About Relying Upon Judgment Docket Vs. Actual Judgment
655 Covid Updates
661 and 661A NY Gross up on Transfer Taxes
667 Cannabis transactions
678 FinCEN GTO
As an approved policy-issuing Agent of Stewart, you are only authorized to collect title insurance premiums and issue title policies and endorsements per the terms of your underwriting agreement, Stewart's underwriting practices, the terms and conditions of the policies, the Title Insurance Rate Service Association, Inc., and Title Insurance Rate Manual within the State of New York. Therefore, this Bulletin is an express statement of limited authority, limited to the issuance of a Stewart Title Insurance Company Policy of Title Insurance, and does not afford any authority for settlement or the guaranty of any escrow deposits.
If you are aware of any title alert or cautionary memorandum issued by Stewart Title Insurance Company or another underwriter, your office may not issue a Stewart policy in connection with a transaction on the affected premises without disclosure to and prior written approval from Stewart Title Insurance Company.
In addition to the Bulletins referenced above, as a policy-issuing office of Stewart, you are required to review and comply with the Virtual Underwriting Manual, all Bulletins and Alerts, and established underwriting guidelines promulgated by the Company. Should you choose to unsubscribe from the electronic distribution list or for some technical difficulties, you are not receiving Stewart's Bulletins or Alerts, you are still responsible for the review and compliance with those Bulletins and Alerts posted on our website.
Again, thank you for your cooperation, and we look forward to serving your needs in the New Year!
In the event you have any questions regarding the above please contact Stewart Title Legal Department at (212) 922-0050 and speak with any Underwriting Counsel.
For on-line viewing of this and other bulletins, please log onto www.vuwriter.com.
Forms: FinCEN ALTA Form WORD; FinCEN ALTA Form PDF; Transfer Tax LLC Disclosure Form v2; Transfer Tax LLC Information Disclosure Form v3