Bulletin: SLS2024002

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Bulletin: SLS2024002

Bulletin Document
V 2
Date: January 23, 2024
To: All Issuing Offices
RE: UNDERWRITING – Native American/Indian Lands Definition

Dear Associates:

For purposes of completion of the Stewart Title Guaranty Company (STGC) form for Request for Approval to Issue Overlimits or Extra Hazardous Coverage and identification as a Special Risk in section #8:

Native American/Indian Lands shall include, but not be limited to, an interest in the following:

a.  All lands within the limits of any Indian reservation.

b.  All lands within dependent Indian communities, regardless of whether on a reservation. A “dependent Indian community” includes lands set aside and superintended by the federal government for the use of Indians.

c.  All Indian allotments, allotted and restricted fee lands, regardless of whether on a reservation.

d.  All lands in which the United States holds or seeks to acquire an interest in trust or seeks to transfer land into trust for an Indian tribe or tribal member.

e.  All lands in which the Bureau of Indian Affairs (BIA) holds or seeks to acquire an interest.

f.  All lands in which a federally recognized Indian tribe holds or seeks to acquire an interest.

g.  All lands in which an Indian tribal entity holds or seeks to acquire an interest (including a corporate entity in which a tribe holds an interest, whether licensed or chartered under state, tribal or federal law). Factors for whether a corporate entity can be considered an “Indian tribal entity” include tribal sources of funding and direction of profits, ownership and management by a tribe or its council members and corporate purpose to support tribal economic development.

h.  A mortgage or deed of trust granted by or in favor of an Indian tribe or Indian tribal entity.

i.  An interest in land includes, but is not limited to, an interest in fee, restricted fee, contract, allotment, lease, sub-lease, easement, mortgage, deed of trust and any other interest in real estate.

j.  “Lands” as described to also include rights-of-way running through a reservation, allotment, or dependent Indian community.

If the above definition applies to your transaction, an STGC form for Request for Approval to Issue Overlimits or Extra Hazardous Coverage (attached below) must be submitted for approval to underwriting (with the appropriate box for “Native American (Indian) Lands” checked in Section 8), regardless of the coverage amount requested.

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

For on-line 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.


References

Bulletins Replaced:
  • None
Related Bulletins:
Underwriting Manual:
  • None
Exceptions Manual:
  • None
Forms:
  • None