Title Company Closing Procedures (as of 3.27.20)

First American:

Standard closing procedures continue to apply in jurisdictions where in-person and/or e-recordings are possible.  For transactions in jurisdictions where in-person and/or e-recordings are not currently possible, First American will only close and provide gap coverage upon receipt of a COVID-19-specific affidavit and indemnity from all Seller/Borrower parties and the acknowledgement of all transaction parties (including Lenders) that First American is unable to provide an estimated recording date for the instruments of title to be recorded.  In the event that First American is unwilling to insure the gap (e.g., for jurisdictions who have explicitly closed their recording offices indefinitely), closings may still be permitted, but additional policy exceptions would be required.  For information regarding First American’s requirements for closing RON transactions, please see Remote Online Notarization.  Additional information regarding First American’s COVID-19 response can be found here:  https://www.firstam.com/covid-19-update/.

Old Republic:

Standard closing procedures continue to apply in jurisdictions where in-person and/or e-recordings are possible.  For transactions in jurisdictions where in-person and/or e-recordings are not currently possible, current guidance from Old Republic indicates that, to close any non-construction loan transaction, Lender, if any, must verify it will fund the transaction and a gap affidavit with indemnity must be obtained from each Seller/Borrower.  Currently, Old Republic is not insuring title on any construction loan in jurisdictions where the clerk’s office is not open for in-person and/or e-recordings.  For information regarding Old Republic’s requirements for closing RON transactions, please see Remote Online Notarization.  Additional information regarding Old Republic’s COVID-19 response can be found here:  https://www.oldrepublictitle.com/news/coronavirus-covid-19.

Fidelity National Title Group (Alamo/Chicago/Commonwealth/Lawyer’s):

Standard closing procedures continue to apply in jurisdictions where in-person and/or e-recordings are possible so long as it is still possible for the agent to search a continuously-updated electronic registry.  For transactions in jurisdictions where electronic registry searches are possible, but in-person and/or e-recordings are not currently possible, Fidelity National will only close and provide gap coverage upon receipt of a COVID-19-specific affidavit and indemnity from all Seller/Borrower parties and will not close any transaction insuring not more than $10 million dollars in such jurisdictions.  For information regarding Fidelity National’s requirements for closing RON transactions, please see Remote Online Notarization  Additional information regarding Fidelity National’s COVID-19 response can be found here:  http://static1.1.sqspcdn.com/static/f/471333/28272099/1584487570323/COVID-19_Client_Response_FNTG.pdf?token=e%2BIBhknqHbC99bwZhywK7FpZ%2Bd8%3D.

Stewart:

Standard closing procedures continue to apply in jurisdictions where in-person and/or e-recordings are possible so long as it is still possible for the agent to conduct a satisfactory title search.  For transactions in jurisdictions where satisfactory title searches are possible, but in-person and/or e-recordings are not currently possible, Stewart will only close and provide gap coverage upon receipt of a standard title affidavit from all Seller/Borrower parties and will not close any transaction insuring not more than $3 million dollars in such jurisdictions.  Currently, Stewart is not insuring title on any construction loan in jurisdictions where the clerk’s office is not open for in-person and/or e-recordings.  For information regarding Stewart’s requirements for closing RON transactions, please see Remote Online Notarization.  Additional information regarding Stewart’s COVID-19 response can be found here:  https://www.stewart.com/covid-19

 

Contacts:

 

Jeremy Deese  I  704.339.1754 I  jdeese@winstead.com

Seth Eaton  I  214.745.5395 I  seaton@winstead.com

Brooke Jimenez  I  713.650.2724  I  bjimenez@winstead.com

Norene Napper  I  214.745.5314 I  nnapper@winstead.com

 

Disclaimer: Content contained within this news alert provides information on general legal issues and is not intended to provide advice on any specific legal matter or factual situation. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this information without seeking professional counsel.