Bulletin: GA2023001

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Bulletin: GA2023001

Bulletin Document
V 4
Date: January 17, 2023
To: All Georgia Issuing Offices
RE: UNDERWRITING - DeKalb Recording Offices Closed To In-Person Access Until Further

Dear Associates:

It has come to our attention that a pipe burst in the Judicial Tower of the DeKalb County Courthouse, and they have restricted in-person access until April 3, 2023. To our knowledge E-recording is still available and should be utilized. In order to accommodate our agents closing on properties in DeKalb County, the following can be utilized for your title examinations:

Title searches must be brought forward to the most recent date available through the Georgia Superior Court Clerk's Cooperative Authority ("GSCCCA") indexes; and

For transactions in which the purchase price and loan amount are both less than 3 million dollars (or for a refinance the loan amount is less than 3 million dollars) a Home Owner's Policy, Long Form Owner's Policy, Short Form Lender's Policy and a Long Form Lender's Policy may be issued provided the following guidelines are met:

(1) Title records are searched by a title examiner on GSCCCA as far back as available;

(2) The applicable search period on the GSCCCA index goes back far enough to pick up: (1) two bona fide deeds (deeds that appear to involve an arm's length sale (not gift) between unrelated parties and (2) a purchase money mortgage to an institutional lender (i.e. not an individual seller);

(3) A lien search must be conducted on GSCCCA and it must go far enough back to cover the applicable lien period; and

(4) Schedule B of the policies must contain exceptions relating to taxes occurring after policy date (or exception for any taxes that confirmation of payment was not able to be verified), easements, covenants, conditions and restrictions of record, and minerals. Note that the Short Form Residential Policy already contains exceptions for these matters in the pre-printed standard exceptions so long as you can confirm taxes are paid current, and the Homeowner's Policy Schedule B standard exceptions cover these matters (provided taxes are paid current). However, special exceptions will need to be added to cover these matters in both long form owners and long form lenders policies, as follows: (a) Covenants, conditions, restrictions, easements, and servitudes appearing in the public records. (b) Any lease, grant, exception or reservation of mineral or mineral rights or other subsurface substances appearing in the Public Records.

The above is only intended to reduce the search period required in order to issue a policy and to allow use of GSCCCA indexes rather than the official DeKalb County index to complete a search within the parameters stated herein during the time period the courthouse is closed or until further notice from the Company. Further, the GSCCCA indexes can be used to update title and bring the date forward from existing title policies where the liability amount is under 3 million dollars during this time period.

In the event you have a transaction that exceeds 3 million dollars or is otherwise not within the above parameters or have additional questions, please contact one of our underwriter's to discuss: Brian Pierce at brian.pierce@stewart.com or bruce.ferguson@stewart.com.

For online viewing of this and other bulletins, please log onto www.vuwriter.com.

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.


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