Difference between revisions of "AZ Operations Summary"

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(Search/Exam)
 
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WFG NATIONAL TITLE INSURANCE COMPANY
 
WFG NATIONAL TITLE INSURANCE COMPANY
  
See Attached HUD Sample for Additional Information
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See Attached [http://wiki.wfgstaging.com/index.php/File:Arizona_HUD-1.pdf HUD Sample] for Additional Information
[[File:Arizona_HUD-1.pdf]]
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==Banking Information ==
 
==Banking Information ==
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*Conveyance Warranty Deed and Grant Deed (Aff. Of Property Value or Exemption code required)
 
*Conveyance Warranty Deed and Grant Deed (Aff. Of Property Value or Exemption code required)
  
*Security Instrument Deed of Trust
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*Security Instrument -- Deed of Trust is typical.  Mortgages are permitted under AZ law.
  
 
*Release
 
*Release
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*Other
 
*Other
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==Payment Customs==
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May be negotiated in the contract.  Customs are:
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*Owners Policy paid by Seller
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*Transfer tax and recording fee: usually split depending on agreement
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*Survey charges: usually split depending on agreement
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*Closing/settlement charges: usually split depending on agreement
 +
 
==Post Closing Requirements==
 
==Post Closing Requirements==
  
 
*Recon follow up required If charged
 
*Recon follow up required If charged
  
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==Withholding==
  
==Search/Exam==
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Arizona has no state withholding requirements in addition to FIRPTA.
 
 
*Minimum Search Requirements
 
 
 
*Plant or other search restrictions -- Yes if over 100k population in county.  [http://www.id.state.az.us/index.html Department of Insurance Link].  Title plant maintenance includes being a lessee or joint owner of a title plant. Alternatively, you may base your title policy on a title policy issued to you from a title insurer who does maintain such a title plant in the respective county or counties.
 
 
 
*Additional Requirements for REO Searches -- No
 
 
 
*Special Searches Required (Code, HOA, Utilities)? Included in normal search
 
 
 
*Survey Requirements
 
**Purchase – no
 
**Refinance - no
 
 
 
==UPL==
 
* Doc prep is UPL
 
*Arizona state law does not require attorney or abstractor involvement; however policies must be issued by a licensed issuing agent with Dept. of Insurance with an Arizona licensed title insurer.
 
**[http://wiki.wfgstaging.com/images/0/07/Arizona_Supreme_Ct_Rule_31_Practice_of_Law.docx Rule 31, Rules of the Supreme Court of Arizona]
 
**[http://wiki.wfgstaging.com/images/9/9e/State_Bar_of_Ariz_v_Arizona_Land_Title_And_Trust_Co_%282%29.pdf State Bar of Ariz. v. Arizona Land Title & Trust Co., 366 P.2d 1, 12 (Ariz. 1961)]
 

Latest revision as of 11:24, 12 December 2014

Licensed Entity

WFG NATIONAL TITLE INSURANCE COMPANY

See Attached HUD Sample for Additional Information


Banking Information

  • Bank account/AZ 4129635173/Wells Fargo Bank
  • Bank account/CD 4126925320/Wells Fargo Bank
  • Bank account/LS Waiting for response from LS
  • Good Funds Law Yes
  • Disbursements Requirements
  • Special Bank Requirements (IOLTA or IOTA or account specific to that state’s funds) Bank must be domiciled in Arizona

Escrow/Settlement

  • Who can prepare the HUD Escrow Officer
  • Who can sign the HUD (EO/LTP/Attorney) Escrow Officer
  • Who orders hazard insurance Customarily - Lender
  • When is transaction consummated for new HUDs
  • Record before/after disburse Record first by custom
  • Filed/restricted escrow rates Yes, see HUD Sample/rates info
  • Record retention requirements 7 years
  • Is an attorney involved in the closing No
  • Who can handle loan document signing Notary signing permissible
  • Doc/Deed Prep Restrictions Legal docs must be prepared by AZ licensed attorney
  • Use Escrow Instructions or not Yes
  • Use Estimated HUD or Final Estimated customary
  • Pass-thru charges Yes
  • Rates Inclusive or not Inclusive of Search and Exam
  • Up Charging No – filed escrow rates
  • Junk Charges No – filed escrow rates
  • Special HUD Requirements No
  • Special Disclosures Yes – CPL availability; Yes – regarding no insurance on monies in escrow accounts; Yes – right to earn interest;
  • CPL Yes
  • UPL Issues Legal docs must be prepared by AZ licensed attorney
  • Joinder of non-titled spouse Yes for community property
  • Survey Required Purchase – no

Refinance - no

Audits

  • Required Yes - Title and Escrow subject to state audits

Annual CPA Audit of Escrow Accounts required

Recording Process

  • E-recording Yes
  • Record before disbursement Record then disburse customary
  • Special recording procedure

Recording/Document Requirements

  • Marital Status Stated Yes
  • Transfer Tax No
  • Mortgage Tax No
  • Address for grantor/grantee/property Grantee address required
  • Witnesses No
  • Names typed/printed Yes
  • Prepared by/return to Return to address required
  • Notary Stamp/requirements Name printed or typed, date of acknowledgment, date commission expires and stamp or seal.
  • Parcel or tax index number Not required on Deed
  • Recitation of Consideration Not required on Deed
  • Derivation Clause No
  • Corporate Signatures/Attestation Not required, use corporate resolution
  • Ink Color/Font Black/Minimum 10 point
  • Legal Description Required
  • Margins ½” margins top bottom and sides; top page must have 2” top margin or cover page
  • Other Special Recording: None

Document Types

  • Conveyance Warranty Deed and Grant Deed (Aff. Of Property Value or Exemption code required)
  • Security Instrument -- Deed of Trust is typical. Mortgages are permitted under AZ law.
  • Release

Tenancies

  • Tenants in Common YES
  • Joint Tenants YES
  • Tenancy by Entireties NO
  • Community Property YES
  • Homestead
  • Joinder of Non-titled Spouse YES for Community Property

Taxes

  • Taxes Levied Yes
  • Taxes due 1st installment 10/1, 2nd installment 3/1
  • Delinquent 1st installment 11/1; 2nd installment 5/1

Commitment/Policy Special Requirements

  • Who can sign Commitment/Policy Title Officer or officer of the company
  • Other

Payment Customs

May be negotiated in the contract. Customs are:

  • Owners Policy paid by Seller
  • Transfer tax and recording fee: usually split depending on agreement
  • Survey charges: usually split depending on agreement
  • Closing/settlement charges: usually split depending on agreement

Post Closing Requirements

  • Recon follow up required If charged

Withholding

Arizona has no state withholding requirements in addition to FIRPTA.