Difference between revisions of "AL Operations Summary"
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==Licensed Entity:== | ==Licensed Entity:== | ||
| − | WFG NATIONAL TITLE INSURANCE COMPANY | + | (02/02/2015) |
| − | See Attached HUD Sample for Additional Information | + | |
| + | WFG NATIONAL TITLE INSURANCE COMPANY or WFG Lender Services, LLC | ||
| + | |||
| + | See [http://wiki.wfgstaging.com/index.php/File:Alabama_HUD-1.pdf Attached HUD] Sample for Additional Information | ||
| + | |||
==Banking Information== | ==Banking Information== | ||
| + | (02/11/2015) | ||
*Bank account/CD 4120780168/Wells Fargo Bank | *Bank account/CD 4120780168/Wells Fargo Bank | ||
*Bank account/LS 934084476/Chase Bank | *Bank account/LS 934084476/Chase Bank | ||
| Line 8: | Line 13: | ||
*Disbursements Requirements | *Disbursements Requirements | ||
*Special Bank Requirements (IOLTA or IOTA or account specific to that state’s funds) No | *Special Bank Requirements (IOLTA or IOTA or account specific to that state’s funds) No | ||
| + | |||
==Escrow/Settlement == | ==Escrow/Settlement == | ||
| − | *Who can prepare the HUD No restrictions | + | (2/11/2015) |
| − | *Who can sign the HUD (EO/LTP/Attorney) ????? | + | *Who can prepare the HUD -- No restrictions |
| − | *Who orders hazard insurance | + | *Who can sign the HUD (EO/LTP/Attorney) -- ????? |
| − | *When is transaction consummated for new | + | *Who orders hazard insurance |
| − | *Record before/after disburse Disburse then record | + | *When is transaction consummated for new HUDs ?????? |
| − | *Filed/restricted escrow rates No | + | *Record before/after disburse -- Disburse then record |
| − | *Record retention requirements No | + | *Filed/restricted escrow rates -- No |
| − | *Is an attorney involved in the closing No | + | *Record retention requirements -- No |
| − | *Who can handle loan document signing Notary signing acceptable | + | *Is an attorney involved in the closing -- No |
| − | *Doc Prep Required by Attorney per State Statute Doc Prep is UPL; simple affidavits OK | + | *Who can handle loan document signing -- Notary signing acceptable |
| − | *Use Escrow Instructions or not No | + | *Doc Prep Required by Attorney per State Statute -- Doc Prep is UPL; simple affidavits OK |
| − | *Use Estimated HUD or Final Final only | + | *Use Escrow Instructions or not -- No |
| − | *Pass-thru charges No special restrictions | + | *Use Estimated HUD or Final -- Final only |
| − | *Rates Inclusive or not Not inclusive | + | *Pass-thru charges -- No special restrictions |
| − | *Up Charging No special restrictions | + | *Rates Inclusive or not -- Not inclusive. Customary to charge a single search and exam fee |
| − | *Junk Charges No special restrictions | + | *Up Charging -- No special restrictions |
| − | *Special HUD Requirements No | + | *Junk Charges -- No special restrictions |
| − | *Special Disclosures No | + | *Special HUD Requirements -- No |
| − | *CPL Yes | + | *Special Disclosures -- No |
| − | + | *CPL -- Yes | |
| − | *Joinder of non-titled spouse Yes on refinance; no on purchase documents | + | *Joinder of non-titled spouse -- Yes on refinance; no on purchase documents |
| − | *Survey state Purchase – not on platted residential | + | *Survey state |
| − | Refinance – not required | + | **Purchase – not required on platted residential |
| + | **Refinance – not required | ||
| + | |||
==Audits== | ==Audits== | ||
| + | (02/11/2015) | ||
*Required No | *Required No | ||
| + | |||
==Recording Process== | ==Recording Process== | ||
| + | (02/11/2015) | ||
*E-recording County list of e-recording attached | *E-recording County list of e-recording attached | ||
*Record before disbursement Disburse then record | *Record before disbursement Disburse then record | ||
| − | *Special recording procedure | + | *Special recording procedure |
| + | |||
==Recording/Document Requirements== | ==Recording/Document Requirements== | ||
| − | *Marital Status Stated Required for Grantors/Mortgagors | + | (02/11/2015) |
| − | *Transfer Tax Yes | + | *Marital Status Stated -- Required for Grantors/Mortgagors |
| − | *Mortgage Tax Yes | + | *Transfer Tax -- Yes |
| − | *Address for grantor/grantee/property Grantee (for tax statements) | + | *Mortgage Tax -- Yes Mortgage tax in Alabama is $1.50 per $1,000.00 |
| − | *Witnesses | + | *Address for grantor/grantee/property -- Grantee (for tax statements) |
| − | *Names typed/printed Yes | + | *Witnesses -- Conveyances and mortgages must be in writing and attested to by one witness. If a party cannot write their name but makes their mark in the alternative, then two witnesses are required. In either case, the notary may be one of the witnesses. |
| − | *Prepared by/return to Yes | + | *Names typed/printed -- Yes |
| − | *Notary Stamp/requirements Name typed/printed under signature; date of expiration of commission and seal or stamp | + | *Prepared by/return to -- Yes |
| + | *Notary Stamp/requirements -- Name typed/printed under signature; date of expiration of commission and seal or stamp | ||
*Parcel or tax index number | *Parcel or tax index number | ||
*Recitation of Consideration | *Recitation of Consideration | ||
| − | *Derivation Clause Required | + | *Derivation Clause -- Required |
*Corporate Signatures/Attestation | *Corporate Signatures/Attestation | ||
*Ink Color/Font | *Ink Color/Font | ||
| − | *Legal Description Must contain the plat or reference the plat book/page if description references a plat | + | *Legal Description -- Must contain the plat or reference the plat book/page if description references a plat |
*Margins | *Margins | ||
| − | *Other Special Recording: Recordings are done in the office of the Judge of Probate; Tuscaloosa County requires derivation | + | *Other Special Recording: -- Recordings are done in the office of the Judge of Probate; Tuscaloosa County requires derivation statement |
| + | |||
==Document Types== | ==Document Types== | ||
| − | *Conveyance Warranty Deed, Limited Warranty Deed, Special Warranty Deed and Quit Claim Deed | + | (02/11/2015) |
| + | *Conveyance Warranty Deed, Limited Warranty Deed, Special Warranty Deed aka Statutory Warranty Deed and Quit Claim Deed | ||
*Security Instrument Mortgage or Deed of Trust | *Security Instrument Mortgage or Deed of Trust | ||
*Release Satisfaction or Release | *Release Satisfaction or Release | ||
| + | |||
==Tenancies== | ==Tenancies== | ||
| + | (02/11/2015) | ||
*Tenants in Common Yes | *Tenants in Common Yes | ||
*Joint Tenants Yes | *Joint Tenants Yes | ||
*Tenancy by Entireties No | *Tenancy by Entireties No | ||
*Community Property No | *Community Property No | ||
| − | *Homestead | + | *Homestead -- Yes exempt from levy up to 160 acres or $5,000. |
| − | *Joinder of Non-titled Spouse Yes on | + | *Joinder of Non-titled Spouse Yes. A spouse not in title to the property must join in the conveyance/mortgage if the property is their homestead property. Ala.Code 1975 § 6-10-3. There are a number of older cases -- cited in AL UW section -- indicating that Purchase Money Mortgage does not require spousal signature on theory that at instant of purchase it was not homestead property. These should not be relied upon without underwriting approval based on the specific facts. |
| + | |||
==Taxes== | ==Taxes== | ||
| + | (02/11/2015) | ||
*Taxes Levied | *Taxes Levied | ||
*Taxes due 10/1 | *Taxes due 10/1 | ||
*Delinquent 1/1 | *Delinquent 1/1 | ||
| + | |||
==Commitment/Policy Special Requirements== | ==Commitment/Policy Special Requirements== | ||
| − | *Who can sign Commitment/Policy Employee of Insurer | + | (02/12/2015) |
| − | + | *Who can sign Commitment/Policy -- Employee of Insurer(acting as direct operation) exempt from licensing requirements | |
| + | |||
| + | *Effective 1/1/2013. Signatory must be a resident of the state and licensed by AL Department of Insurance; the issuing agent must also be licensed through the Alabama Department of Insurance and the business must have a physical place of business within the state. A title agent can be a sole proprietor who is a resident of the state. Agents who operate as an entity must be organized under Title 10A (or its predecessor, Title 10) of the Alabama Code. | ||
| + | |||
| + | ==Payment Customs== | ||
| + | |||
| + | Left to negotiation and contract | ||
| + | |||
==Post Closing Requirements== | ==Post Closing Requirements== | ||
*Recon follow up required | *Recon follow up required | ||
Latest revision as of 08:17, 11 February 2015
Contents
Licensed Entity:
(02/02/2015)
WFG NATIONAL TITLE INSURANCE COMPANY or WFG Lender Services, LLC
See Attached HUD Sample for Additional Information
Banking Information
(02/11/2015)
- Bank account/CD 4120780168/Wells Fargo Bank
- Bank account/LS 934084476/Chase Bank
- Good Funds Law
- Disbursements Requirements
- Special Bank Requirements (IOLTA or IOTA or account specific to that state’s funds) No
Escrow/Settlement
(2/11/2015)
- Who can prepare the HUD -- No restrictions
- Who can sign the HUD (EO/LTP/Attorney) -- ?????
- Who orders hazard insurance
- When is transaction consummated for new HUDs ??????
- Record before/after disburse -- Disburse then record
- Filed/restricted escrow rates -- No
- Record retention requirements -- No
- Is an attorney involved in the closing -- No
- Who can handle loan document signing -- Notary signing acceptable
- Doc Prep Required by Attorney per State Statute -- Doc Prep is UPL; simple affidavits OK
- Use Escrow Instructions or not -- No
- Use Estimated HUD or Final -- Final only
- Pass-thru charges -- No special restrictions
- Rates Inclusive or not -- Not inclusive. Customary to charge a single search and exam fee
- Up Charging -- No special restrictions
- Junk Charges -- No special restrictions
- Special HUD Requirements -- No
- Special Disclosures -- No
- CPL -- Yes
- Joinder of non-titled spouse -- Yes on refinance; no on purchase documents
- Survey state
- Purchase – not required on platted residential
- Refinance – not required
Audits
(02/11/2015)
- Required No
Recording Process
(02/11/2015)
- E-recording County list of e-recording attached
- Record before disbursement Disburse then record
- Special recording procedure
Recording/Document Requirements
(02/11/2015)
- Marital Status Stated -- Required for Grantors/Mortgagors
- Transfer Tax -- Yes
- Mortgage Tax -- Yes Mortgage tax in Alabama is $1.50 per $1,000.00
- Address for grantor/grantee/property -- Grantee (for tax statements)
- Witnesses -- Conveyances and mortgages must be in writing and attested to by one witness. If a party cannot write their name but makes their mark in the alternative, then two witnesses are required. In either case, the notary may be one of the witnesses.
- Names typed/printed -- Yes
- Prepared by/return to -- Yes
- Notary Stamp/requirements -- Name typed/printed under signature; date of expiration of commission and seal or stamp
- Parcel or tax index number
- Recitation of Consideration
- Derivation Clause -- Required
- Corporate Signatures/Attestation
- Ink Color/Font
- Legal Description -- Must contain the plat or reference the plat book/page if description references a plat
- Margins
- Other Special Recording: -- Recordings are done in the office of the Judge of Probate; Tuscaloosa County requires derivation statement
Document Types
(02/11/2015)
- Conveyance Warranty Deed, Limited Warranty Deed, Special Warranty Deed aka Statutory Warranty Deed and Quit Claim Deed
- Security Instrument Mortgage or Deed of Trust
- Release Satisfaction or Release
Tenancies
(02/11/2015)
- Tenants in Common Yes
- Joint Tenants Yes
- Tenancy by Entireties No
- Community Property No
- Homestead -- Yes exempt from levy up to 160 acres or $5,000.
- Joinder of Non-titled Spouse Yes. A spouse not in title to the property must join in the conveyance/mortgage if the property is their homestead property. Ala.Code 1975 § 6-10-3. There are a number of older cases -- cited in AL UW section -- indicating that Purchase Money Mortgage does not require spousal signature on theory that at instant of purchase it was not homestead property. These should not be relied upon without underwriting approval based on the specific facts.
Taxes
(02/11/2015)
- Taxes Levied
- Taxes due 10/1
- Delinquent 1/1
Commitment/Policy Special Requirements
(02/12/2015)
- Who can sign Commitment/Policy -- Employee of Insurer(acting as direct operation) exempt from licensing requirements
- Effective 1/1/2013. Signatory must be a resident of the state and licensed by AL Department of Insurance; the issuing agent must also be licensed through the Alabama Department of Insurance and the business must have a physical place of business within the state. A title agent can be a sole proprietor who is a resident of the state. Agents who operate as an entity must be organized under Title 10A (or its predecessor, Title 10) of the Alabama Code.
Payment Customs
Left to negotiation and contract
Post Closing Requirements
- Recon follow up required
Initial draft thanks to Deb Everett, Summer 2014
