Title Agent Licensing in Utah
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- A Utah policy must be issued by a title insurance producer who is a resident of Utah through a bona fide branch office in Utah under the direction and control of the title insurer that pays all the expenses of the branch office or through a subsidiary title insurer authorized to do business in Utah. See Utah Code Ann. § 31A-14-211.
- Utah has specific requirements for title insurance producers to be licensed, maintain bonds and to pay to certain reserve funds. See Utah Code Ann. § 31A-23a-204.
- A person licensed to practice law in Utah is exempt from being licensed and is not subject to the requirements contained in Utah Code Ann. § 31-23a-204 if the attorney issues 12 or less policies in any 12 month period. The attorney, however, must maintain a separate trust account. See Utah Code Ann. § 31A-23a-204(7) and (8).
- Only the title agent issuing a title insurance policy may perform escrow related matters including the closing, disbursement, recording, and preparation of documents or other matters relating to escrow. See Utah Code Ann. § 31A-23a-406, See also Utah Insurance Department, Bulletin 2007-05.