Bill Text: NY S03569 | 2011-2012 | General Assembly | Introduced


Bill Title: Creates the New York title guaranty authority to initiate and operate a program which shall offer guaranties of real property titles in this state.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS [S03569 Detail]

Download: New_York-2011-S03569-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3569
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 25, 2011
                                      ___________
       Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Corporations,  Authorities
         and Commissions
       AN  ACT to amend the public authorities law, in relation to creating the
         New York title guaranty authority
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Article  10-D of the public authorities law is amended by
    2  adding a new title 4 to read as follows:
    3                                   TITLE 4
    4                      NEW YORK TITLE GUARANTY AUTHORITY
    5  SECTION 3974. SHORT TITLE.
    6          3975. NEW YORK TITLE GUARANTY AUTHORITY.
    7          3976. ADMINISTRATION OF THE AUTHORITY.
    8          3977. GENERAL POWERS OF THE AUTHORITY.
    9          3978. SPECIAL POWERS OF THE AUTHORITY.
   10          3979. NEW YORK TITLE GUARANTY FUND.
   11          3980. PARTICIPATING ATTORNEYS.
   12    S 3974. SHORT TITLE. THIS ACT SHALL BE KNOWN AND MAY BE CITED  AS  THE
   13  "NEW YORK TITLE GUARANTY AUTHORITY ACT".
   14    S  3975. NEW YORK TITLE GUARANTY AUTHORITY. 1. THERE IS HEREBY CREATED
   15  THE NEW YORK TITLE GUARANTY AUTHORITY, TO INITIATE AND OPERATE A PROGRAM
   16  WHICH SHALL OFFER GUARANTIES OF REAL PROPERTY TITLES IN THIS STATE.  THE
   17  AUTHORITY  SHALL  BE A CORPORATE GOVERNMENTAL AGENCY AND INSTRUMENTALITY
   18  OF THE STATE CONSTITUTING A PUBLIC BENEFIT CORPORATION.
   19    2. IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE, THE AUTHORITY  MAY
   20  ISSUE BONDS ONLY TO FINANCE COSTS, INCLUDING THE FUNDING OF BONDS ISSUED
   21  BY  THE  AUTHORITY  TO  FINANCE  COSTS, AND FUND RESERVES TO SECURE SUCH
   22  BONDS.
   23    3. THE AUTHORITY AND ITS  CORPORATE  EXISTENCE  SHALL  CONTINUE  UNTIL
   24  TERMINATED  BY  LAW,  PROVIDED,  HOWEVER, THAT NO SUCH TERMINATION SHALL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05046-01-1
       S. 3569                             2
    1  TAKE EFFECT SO LONG AS THE AUTHORITY SHALL HAVE  BONDS  OR  OTHER  OBLI-
    2  GATIONS  OUTSTANDING  UNLESS  ADEQUATE  PROVISION  HAS BEEN MADE FOR THE
    3  PAYMENT THEREOF.
    4    S  3976.  ADMINISTRATION  OF  THE AUTHORITY. 1. THE AUTHORITY SHALL BE
    5  ADMINISTERED BY SEVEN DIRECTORS APPOINTED BY THE GOVERNOR, OF  WHOM  TWO
    6  MEMBERS  SHALL  BE  APPOINTED  UPON  THE RECOMMENDATION OF THE TEMPORARY
    7  PRESIDENT OF THE SENATE AND TWO MEMBERS  SHALL  BE  APPOINTED  UPON  THE
    8  RECOMMENDATION  OF  THE SPEAKER OF THE ASSEMBLY. THE POWERS AS SET FORTH
    9  IN THE BY-LAWS OF THE BOARD SHALL BE ESTABLISHED AND VESTED  IN  AND  BE
   10  EXERCISED  BY  THE  MEMBERS  OF THE AUTHORITY AT AN INITIAL MEETING DULY
   11  CALLED AND HELD AND FOUR MEMBERS SHALL CONSTITUTE A QUORUM.
   12    2. THE MEMBERS OF THE NEW YORK TITLE GUARANTY  AUTHORITY  BOARD  SHALL
   13  RECEIVE  NO  COMPENSATION FOR THEIR SERVICES BUT SHALL BE REIMBURSED FOR
   14  ACTUAL AND NECESSARY EXPENSES  INCURRED  IN  THE  PERFORMANCE  OF  THEIR
   15  DUTIES.
   16    3.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL
   17  OR LOCAL LAW, ORDINANCE, RESOLUTION OR CHARTER, NO  OFFICER,  MEMBER  OR
   18  EMPLOYEE  OF  THE  STATE OF NEW YORK, ANY CITY, COUNTY, TOWN OR VILLAGE,
   19  ANY GOVERNMENTAL ENTITY OPERATING ANY  PUBLIC  SCHOOL  OR  COLLEGE,  ANY
   20  SCHOOL  DISTRICT  OR  ANY  OTHER  PUBLIC AGENCY OR INSTRUMENTALITY WHICH
   21  EXERCISES GOVERNMENTAL POWERS UNDER THE LAWS OF THE STATE, SHALL FORFEIT
   22  HIS OR HER OFFICE OR EMPLOYMENT BY REASON OF HIS OR  HER  ACCEPTANCE  OF
   23  APPOINTMENT  AS  A  DIRECTOR,  OFFICER OR EMPLOYEE OF THE AUTHORITY, NOR
   24  SHALL SERVICE AS SUCH DIRECTOR, OFFICER OR EMPLOYEE OF THE AUTHORITY  BE
   25  DEEMED INCOMPATIBLE OR IN CONFLICT WITH SUCH OFFICE OR EMPLOYMENT.
   26    4. FOUR DIRECTORS SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF ANY
   27  BUSINESS  OR THE EXERCISE OF ANY POWER OF THE AUTHORITY. NO ACTION SHALL
   28  BE TAKEN BY THE AUTHORITY EXCEPT PURSUANT TO  A  FAVORABLE  VOTE  OF  AT
   29  LEAST  FOUR DIRECTORS PARTICIPATING IN A MEETING AT WHICH SUCH ACTION IS
   30  TAKEN.
   31    5. THE AUTHORITY SHALL APPOINT A TREASURER AND  MAY  APPOINT  OFFICERS
   32  AND AGENTS AS IT MAY REQUIRE AND PRESCRIBE THEIR DUTIES.
   33    S  3977.  GENERAL POWERS OF THE AUTHORITY. EXCEPT AS OTHERWISE LIMITED
   34  BY THIS TITLE, THE AUTHORITY SHALL HAVE THE FOLLOWING POWERS IN ADDITION
   35  TO THOSE SPECIALLY CONFERRED ELSEWHERE IN THIS TITLE,  SUBJECT  ONLY  TO
   36  AGREEMENTS WITH BONDHOLDERS:
   37    1. TO SUE AND BE SUED;
   38    2. TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
   39    3.  TO MAKE AND ALTER BY-LAWS FOR ITS ORGANIZATION AND MANAGEMENT AND,
   40  SUBJECT TO AGREEMENTS WITH ITS BONDHOLDERS, TO MAKE AND ALTER RULES  AND
   41  REGULATIONS  GOVERNING THE EXERCISE OF ITS POWERS AND FULFILLMENT OF ITS
   42  PURPOSES UNDER THIS TITLE;
   43    4. TO MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS  OR  AGREE-
   44  MENTS  NECESSARY  OR  CONVENIENT  TO  CARRY OUT ANY POWERS AND FUNCTIONS
   45  EXPRESSLY GIVEN IN THIS TITLE;
   46    5. TO COMMENCE ANY ACTION TO PROTECT OR ENFORCE  ANY  RIGHT  CONFERRED
   47  UPON IT BY ANY LAW, CONTRACT OR OTHER AGREEMENT;
   48    6.  TO  BORROW  MONEY  AND  ISSUE BONDS, OR TO REFUND THE SAME, AND TO
   49  PROVIDE FOR THE RIGHTS OF THE HOLDERS OF ITS BONDS;
   50    7. AS SECURITY FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON ANY
   51  BONDS ISSUED BY IT PURSUANT TO THIS TITLE AND  ANY  AGREEMENTS  MADE  IN
   52  CONNECTION  THEREWITH  AND FOR ITS OBLIGATIONS UNDER BOND FACILITIES, TO
   53  PLEDGE ALL OR ANY PART OF ITS REVENUES OR ASSETS;
   54    8. TO ACCEPT GIFTS, GRANTS, LOANS OR CONTRIBUTIONS OF FUNDS OR  FINAN-
   55  CIAL  OR OTHER AID IN ANY FORM FROM THE COUNTY, STATE OR FEDERAL GOVERN-
   56  MENT OR ANY AGENCY OR INSTRUMENTALITY THEREOF, OR FROM ANY OTHER  SOURCE
       S. 3569                             3
    1  AND  TO EXPEND THE PROCEEDS FOR ANY OF ITS CORPORATE PURPOSES IN ACCORD-
    2  ANCE WITH THE PROVISIONS OF THIS TITLE;
    3    9.  SUBJECT  TO  THE  PROVISIONS  OF ANY CONTRACT WITH BONDHOLDERS, TO
    4  INVEST ANY FUNDS HELD IN RESERVES OR SINKING FUNDS,  OR  ANY  FUNDS  NOT
    5  REQUIRED  FOR  IMMEDIATE  USE  OR DISBURSEMENT, AT THE DISCRETION OF THE
    6  AUTHORITY, IN (A) OBLIGATIONS OF THE STATE OR THE UNITED STATES  GOVERN-
    7  MENT, (B) OBLIGATIONS THE PRINCIPAL AND INTEREST OF WHICH ARE GUARANTEED
    8  BY THE STATE OR THE UNITED STATES GOVERNMENT, (C) CERTIFICATES OF DEPOS-
    9  IT,  WHETHER  NEGOTIABLE  OR NON-NEGOTIABLE, AND BANKER'S ACCEPTANCES OF
   10  ANY OF THE FIFTY LARGEST BANKS IN THE UNITED STATES WHICH BANK,  AT  THE
   11  TIME  OF INVESTMENT, HAS AN OUTSTANDING UNSECURED, UNINSURED AND UNGUAR-
   12  ANTEED DEBT ISSUE RANKED IN EITHER OF THE TWO HIGHEST RATING  CATEGORIES
   13  OF TWO NATIONALLY RECOGNIZED INDEPENDENT RATING AGENCIES, (D) COMMERCIAL
   14  PAPER  OF  ANY  BANK OR CORPORATION CREATED UNDER THE LAWS OF EITHER THE
   15  UNITED STATES OR ANY STATE OF THE UNITED STATES WHICH COMMERCIAL  PAPER,
   16  AT  THE  TIME  OF THE INVESTMENT, HAS RECEIVED THE HIGHEST RATING OF TWO
   17  NATIONALLY RECOGNIZED INDEPENDENT RATING  AGENCIES,  (E)  BONDS,  DEBEN-
   18  TURES,  OR  OTHER EVIDENCES OF INDEBTEDNESS, ISSUED OR GUARANTEED AT THE
   19  TIME OF THE INVESTMENT BY THE  FEDERAL  NATIONAL  MORTGAGE  ASSOCIATION,
   20  FEDERAL  HOME  LOAN MORTGAGE CORPORATION, STUDENT LOAN MARKETING ASSOCI-
   21  ATION, FEDERAL FARM CREDIT SYSTEM, OR ANY OTHER UNITED STATES GOVERNMENT
   22  SPONSORED AGENCY, PROVIDED THAT AT THE TIME OF THE INVESTMENT SUCH AGEN-
   23  CY RECEIVES, OR ITS OBLIGATIONS RECEIVE, ANY OF THE THREE HIGHEST RATING
   24  CATEGORIES OF TWO NATIONALLY RECOGNIZED INDEPENDENT RATING AGENCIES, (F)
   25  ANY BONDS OR OTHER OBLIGATIONS OF ANY STATE  OR  THE  UNITED  STATES  OF
   26  AMERICA  OR  OF ANY POLITICAL SUBDIVISION THEREOF OR ANY AGENCY, INSTRU-
   27  MENTALITY OR LOCAL GOVERNMENTAL UNIT OF  ANY  SUCH  STATE  OR  POLITICAL
   28  SUBDIVISION WHICH BONDS OR OTHER OBLIGATIONS, AT THE TIME OF THE INVEST-
   29  MENT,  HAVE  RECEIVED ANY OF THE THREE HIGHEST RATINGS OF TWO NATIONALLY
   30  RECOGNIZED INDEPENDENT RATING AGENCIES,  (G)  ANY  REPURCHASE  AGREEMENT
   31  WITH  ANY BANK OR TRUST COMPANY ORGANIZED UNDER THE LAWS OF ANY STATE OF
   32  THE UNITED STATES OF AMERICA OR  ANY  NATIONAL  BANKING  ASSOCIATION  OR
   33  GOVERNMENT  BOND  DEALER REPORTING TO, TRADING WITH, AND RECOGNIZED AS A
   34  PRIMARY DEALER BY THE FEDERAL RESERVE BANK OF NEW YORK, WHICH  AGREEMENT
   35  IS  SECURED  BY ANY ONE OR MORE OF THE SECURITIES DESCRIBED IN PARAGRAPH
   36  (A), (B) OR (E) OF THIS SUBDIVISION WHICH SECURITIES SHALL AT ALL  TIMES
   37  HAVE  A  MARKET VALUE OF NOT LESS THAN THE FULL AMOUNT OF THE REPURCHASE
   38  AGREEMENT AND BE DELIVERED TO ANOTHER BANK OR  TRUST  COMPANY  ORGANIZED
   39  UNDER  THE  LAWS  OF  NEW YORK STATE OR ANY NATIONAL BANKING ASSOCIATION
   40  DOMICILED IN NEW YORK STATE, AS CUSTODIAN, AND  (H)  REVERSE  REPURCHASE
   41  AGREEMENTS  WITH  ANY  BANK OR TRUST COMPANY ORGANIZED UNDER THE LAWS OF
   42  ANY STATE OF THE UNITED STATES OF AMERICA OR ANY NATIONAL BANKING  ASSO-
   43  CIATION OR GOVERNMENT BOND DEALER REPORTING TO, TRADING WITH, AND RECOG-
   44  NIZED AS A PRIMARY DEALER BY THE FEDERAL RESERVE BANK OF NEW YORK, WHICH
   45  AGREEMENT  IS  SECURED BY ANY ONE OR MORE OF THE SECURITIES DESCRIBED IN
   46  PARAGRAPH (A), (B) OR (E) OF THIS SUBDIVISION WHICH SECURITIES SHALL  AT
   47  ALL  TIMES  HAVE  A MARKET VALUE OF NOT LESS THAN THE FULL AMOUNT OF THE
   48  REPURCHASE AGREEMENT AND BE DELIVERED TO ANOTHER BANK OR  TRUST  COMPANY
   49  ORGANIZED UNDER THE LAWS OF NEW YORK STATE OR ANY NATIONAL BANKING ASSO-
   50  CIATION DOMICILED IN NEW YORK STATE, AS CUSTODIAN;
   51    10.  TO  APPOINT SUCH OFFICERS AND EMPLOYEES AS IT MAY REQUIRE FOR THE
   52  PERFORMANCE OF ITS DUTIES AND TO FIX AND DETERMINE THEIR QUALIFICATIONS,
   53  DUTIES, AND COMPENSATION, AND TO RETAIN OR EMPLOY COUNSEL, AUDITORS  AND
   54  PRIVATE  FINANCIAL CONSULTANTS AND OTHER SERVICES ON A CONTRACT BASIS OR
   55  OTHERWISE FOR RENDERING PROFESSIONAL, BUSINESS OR TECHNICAL SERVICES AND
       S. 3569                             4
    1  ADVICE; AND, IN TAKING SUCH ACTIONS, THE AUTHORITY  SHALL  CONSIDER  THE
    2  FINANCIAL IMPACT ON THE COUNTY; AND
    3    11.  TO DO ANY AND ALL THINGS NECESSARY OR CONVENIENT TO CARRY OUT ITS
    4  PURPOSES AND EXERCISE THE POWERS EXPRESSLY GIVEN  AND  GRANTED  IN  THIS
    5  TITLE;  PROVIDED,  HOWEVER,  SUCH AUTHORITY SHALL UNDER NO CIRCUMSTANCES
    6  ACQUIRE, HOLD OR TRANSFER TITLE TO, LEASE, OWN  BENEFICIALLY  OR  OTHER-
    7  WISE,  MANAGE, OPERATE OR OTHERWISE EXERCISE CONTROL OVER ANY REAL PROP-
    8  ERTY, ANY IMPROVEMENT TO REAL PROPERTY OR  ANY  INTEREST  THEREIN  OTHER
    9  THAN  A  LEASE OR SUBLEASE OF OFFICE SPACE DEEMED NECESSARY OR DESIRABLE
   10  BY THE AUTHORITY.
   11    S 3978. SPECIAL POWERS OF THE AUTHORITY.   THE NEW  YORK  STATE  TITLE
   12  GUARANTY  AUTHORITY BOARD SHALL OFFER GUARANTIES OF REAL PROPERTY TITLES
   13  IN THIS STATE. THE TERMS, CONDITIONS AND FORM OF THE GUARANTY  CONTRACTS
   14  SHALL  BE  FORMS  APPROVED BY THE AUTHORITY.   THE AUTHORITY SHALL FIX A
   15  CHARGE FOR THE GUARANTY IN AN AMOUNT SUFFICIENT TO PERMIT THE PROGRAM TO
   16  OPERATE ON A SELF-SUSTAINING BASIS, INCLUDING PAYMENT OF  ADMINISTRATIVE
   17  COSTS  AND  THE  MAINTENANCE OF AN ADEQUATE RESERVE AGAINST CLAIMS UNDER
   18  THE TITLE GUARANTY PROGRAM.
   19    S 3979. NEW YORK TITLE GUARANTY FUND.   1. A TITLE  GUARANTY  FUND  IS
   20  CREATED. FUNDS COLLECTED UNDER THIS PROGRAM SHALL BE PLACED IN THE TITLE
   21  GUARANTY  FUND  AND  ARE AVAILABLE TO PAY ALL CLAIMS, NECESSARY RESERVES
   22  AND ALL ADMINISTRATIVE COSTS OF THE TITLE GUARANTY  PROGRAM.  MONEYS  IN
   23  THE FUND SHALL NOT REVERT TO THE GENERAL FUND AND INTEREST ON THE MONEYS
   24  IN  THE  FUND  SHALL  REQUIRE  COSTS OF TITLE INSURANCE TO BE SUFFICIENT
   25  ENOUGH TO INCLUDE FIFTY MILLION DOLLARS ANNUALLY FOR AFFORDABLE HOUSING,
   26  FIFTY MILLION DOLLARS ANNUALLY TO ENSURE  THAT  THE  STATE'S  ROADS  AND
   27  BRIDGES  ARE  IN  A STATE OF GOOD REPAIR, FIFTY MILLION DOLLARS ANNUALLY
   28  FOR THE PURPOSE OF A STAR REBATE PROGRAM AND OTHER SUCH PURPOSES AS  MAY
   29  BE REQUIRED BY THE LEGISLATURE AND THE GOVERNOR.
   30    2. A TITLE GUARANTY, CLOSING PROTECTION LETTER, OR GAP COVERAGE ISSUED
   31  UNDER THIS PROGRAM IS AN OBLIGATION OF THE AUTHORITY ONLY AND CLAIMS ARE
   32  PAYABLE  SOLELY  AND ONLY OUT OF THE MONEYS, ASSETS, AND REVENUES OF THE
   33  TITLE GUARANTY FUND AND ARE NOT AN  INDEBTEDNESS  OR  LIABILITY  OF  THE
   34  STATE.  THE  STATE  IS  NOT  LIABLE  ON ANY GUARANTY, CLOSING PROTECTION
   35  LETTER, OR GAP COVERAGE.
   36    3. THE AUTHORITY SHALL CONSULT WITH THE INSURANCE DEPARTMENT IN DEVEL-
   37  OPING A GUARANTY CONTRACT ACCEPTABLE TO THE SECONDARY MARKET AND  DEVEL-
   38  OPING ANY OTHER FEATURE OF THE PROGRAM WITH WHICH THE INSURANCE DIVISION
   39  MAY HAVE SPECIAL EXPERTISE. THE INSURANCE DEPARTMENT SHALL ESTABLISH THE
   40  AMOUNT  FOR A LOSS RESERVE FUND. EXCEPT AS PROVIDED IN THIS SECTION, THE
   41  TITLE GUARANTY PROGRAM IS NOT SUBJECT TO THE JURISDICTION  OF  OR  REGU-
   42  LATION BY THE INSURANCE DEPARTMENT.
   43    S  3980.  PARTICIPATING ATTORNEYS.  1. EACH PARTICIPATING ATTORNEY AND
   44  ABSTRACTOR MAY BE REQUIRED TO PAY AN  ANNUAL  PARTICIPATION  FEE  TO  BE
   45  ELIGIBLE  TO PARTICIPATE IN THE TITLE GUARANTY PROGRAM. THE FEE, IF ANY,
   46  SHALL BE SET BY THE AUTHORITY, SUBJECT TO THE APPROVAL OF THE BOARD.
   47    2. THE PARTICIPATION OF ABSTRACTORS AND ATTORNEYS SHALL BE IN  ACCORD-
   48  ANCE WITH RULES ESTABLISHED BY THE BOARD.
   49    A. (1) EACH PARTICIPANT SHALL AT ALL TIMES MAINTAIN LIABILITY COVERAGE
   50  IN  AMOUNTS  APPROVED  BY THE AUTHORITY.  UPON PAYMENT OF A CLAIM BY THE
   51  AUTHORITY THE AUTHORITY SHALL BE SUBROGATED TO THE RIGHTS OF THE  CLAIM-
   52  ANT AGAINST ALL PERSONS RELATING TO THE CLAIM.
   53    (2)  ADDITIONALLY, EACH PARTICIPATING ABSTRACTOR IS REQUIRED TO OWN OR
   54  LEASE, AND  MAINTAIN  AND  USE  IN  THE  PREPARATION  OF  ABSTRACTS,  AN
   55  UP-TO-DATE  ABSTRACT TITLE PLANT INCLUDING TRACT INDICES FOR REAL ESTATE
   56  FOR EACH COUNTY IN WHICH ABSTRACTS ARE PREPARED FOR REAL PROPERTY TITLES
       S. 3569                             5
    1  GUARANTEED BY THE DIVISION. THE TRACT INDICES SHALL CONTAIN A  REFERENCE
    2  TO  ALL  INSTRUMENTS AFFECTING THE REAL ESTATE WHICH ARE RECORDED IN THE
    3  OFFICE OF THE COUNTY RECORDER, AND SHALL COMMENCE NOT  LESS  THAN  FORTY
    4  YEARS  PRIOR  TO  THE DATE THE ABSTRACTOR COMMENCES PARTICIPATION IN THE
    5  TITLE GUARANTY PROGRAM.  HOWEVER,  A  PARTICIPATING  ATTORNEY  PROVIDING
    6  ABSTRACT  SERVICES  CONTINUOUSLY FROM NOVEMBER TWELFTH, NINETEEN HUNDRED
    7  EIGHTY-SIX, TO THE DATE OF APPLICATION,  EITHER  PERSONALLY  OR  THROUGH
    8  PERSONS  UNDER THE ATTORNEY'S SUPERVISION AND CONTROL IS EXEMPT FROM THE
    9  REQUIREMENTS OF THIS SUBPARAGRAPH.
   10    B. THE AUTHORITY MAY WAIVE THE REQUIREMENTS OF THIS  SECTION  PURSUANT
   11  TO  AN  APPLICATION  OF  AN  ATTORNEY OR ABSTRACTOR WHICH SHOWS THAT THE
   12  REQUIREMENTS IMPOSE A HARDSHIP TO THE ATTORNEY OR  ABSTRACTOR  AND  THAT
   13  THE  WAIVER CLEARLY IS IN THE PUBLIC INTEREST OR IS ABSOLUTELY NECESSARY
   14  TO ENSURE AVAILABILITY OF TITLE GUARANTIES THROUGHOUT THE STATE.
   15    3. PRIOR TO THE ISSUANCE OF A  TITLE  GUARANTY,  THE  AUTHORITY  SHALL
   16  REQUIRE  EVIDENCE  THAT AN ABSTRACT OF TITLE TO THE PROPERTY IN QUESTION
   17  HAS BEEN BROUGHT UP-TO-DATE AND CERTIFIED BY A PARTICIPATING  ABSTRACTOR
   18  IN  A  FORM  APPROVED BY AUTHORITY RULES AND A TITLE OPINION ISSUED BY A
   19  PARTICIPATING ATTORNEY IN THE FORM APPROVED IN  THE  RULES  STATING  THE
   20  ATTORNEY'S OPINION AS TO THE TITLE. THE AUTHORITY SHALL REQUIRE EVIDENCE
   21  OF THE ABSTRACT BEING BROUGHT UP-TO-DATE AND THE ABSTRACTOR SHALL RETAIN
   22  EVIDENCE OF THE ABSTRACT AS DETERMINED BY THE BOARD.
   23    4. THE ATTORNEY RENDERING A TITLE OPINION SHALL BE AUTHORIZED TO ISSUE
   24  A TITLE GUARANTY CERTIFICATE SUBJECT TO THE RULES OF THE AUTHORITY.
   25    S 2. This act shall take effect immediately.
feedback