Difference between revisions of "Title Underwriting in Missouri"

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(Created page with "Missouri prohibits insuring over liens of record without some basis for their removal. :MO Rev Stat § 381.071.2. :Except when allowed by regulations promulgated by the dire...")
 
 
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Missouri prohibits insuring over liens of record without some basis for their removal.
 
Missouri prohibits insuring over liens of record without some basis for their removal.
  
:MO Rev Stat § 381.071.2.
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: MO Rev Stat § 381.071.2.
  
:Except when allowed by regulations promulgated by the director, no title insurer, title agent, or agency shall knowingly issue any owner's title insurance policy or commitment to insure without showing all outstanding, enforceable recorded liens or other interests against the title which is to be insured.
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: Except when allowed by regulations promulgated by the director, no title insurer, title agent, or agency shall knowingly issue any owner's title insurance policy or commitment to insure without showing all outstanding, enforceable recorded liens or other interests against the title which is to be insured.
  
 
In some cases, to avoid this issue, companies will issue a policy listing a lien followed by the below language.  This is to avoid violating the statute while still providing insurance for the issue.
 
In some cases, to avoid this issue, companies will issue a policy listing a lien followed by the below language.  This is to avoid violating the statute while still providing insurance for the issue.
  
NOTE: Subject to the policy Conditions, the Company insures the Insured against loss or damage sustained or incurred by the Insured by reason of enforcement of the above item on the Title.
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: NOTE: Subject to the policy Conditions, the Company insures the Insured against loss or damage sustained or incurred by the Insured by reason of enforcement of the above item on the Title.

Latest revision as of 14:52, 1 July 2020

Missouri prohibits insuring over liens of record without some basis for their removal.

MO Rev Stat § 381.071.2.
Except when allowed by regulations promulgated by the director, no title insurer, title agent, or agency shall knowingly issue any owner's title insurance policy or commitment to insure without showing all outstanding, enforceable recorded liens or other interests against the title which is to be insured.

In some cases, to avoid this issue, companies will issue a policy listing a lien followed by the below language. This is to avoid violating the statute while still providing insurance for the issue.

NOTE: Subject to the policy Conditions, the Company insures the Insured against loss or damage sustained or incurred by the Insured by reason of enforcement of the above item on the Title.