Bulletin: TX2022001

Bulletins by State or Territory
Bulletins by Country

Bulletin: TX2022001

Bulletin Document
V 3
Date: May 06, 2022
To: All Texas Issuing Offices
RE: UNDERWRITING - Foreclosures, Deadlines and Tolling of Time Limits: The Coronavirus State of Emergency

Dear Associates:

We previously issued bulletins related to emergency orders or proclamations issued by the Governor of Texas, courts and other Governmental Entities. This bulletin is to update our guidelines on issuing policies related to foreclosures and reliance on the expiration of deadlines and statutes of limitations affected by those orders.

You may insure based on foreclosures completed after November 23, 2021, without first obtaining underwriter review and approval. You should verify that the property is vacant or possession is under the control of the purchaser at the foreclosure sale. All other guidelines related to insuring title on such transactions continue to apply.

Generally, we are not offering coverage related to post foreclosure transactions on the following:

  1. title based on non-federal foreclosures conducted from March 13, 2020, through March 31, 2021.
  2. title based on Federal Housing Administration (“FHA”), U.S. Department of Veterans Affairs (“VA”), U.S. Department of Agriculture (“USDA”), U.S. Department of Housing and Urban Development (“HUD”), Fannie Mae or Freddie Mac foreclosures completed between March 1, 2020, and July 31, 2021, due to Federal Orders that placed a moratorium on foreclosures.

Do not insure based on non-federal foreclosures completed March 13, 2020, through March 31, 2021, or based on any FHA, VA, USDA, HUD, Fannie Mae or Freddie Mac foreclosures completed March 1, 2020, through July 31, 2021, unless you secure Stewart Title Guaranty Company underwriter approval.

If the transaction is after a foreclosure which took place between March 31, 2021, and November 23, 2021, Stewart Title Guaranty Company underwriter approval is still required based on a case-by-case analysis of the transaction.

The orders related to suspension of deadlines and extension of statutes of limitation have generally expired. You may now rely on the expiration of any deadlines (such as the time to file an appeal, or motion for new trial) or the running of any statute of limitation (such as enforcement of judgment liens, tax liens or deed of trust liens) which occur March 13, 2020 or later, unless a court order applicable in the case in which such deadline applies has been entered that suspended the deadline or extended the statute of limitation.

As a reminder, you are responsible for knowledge of and compliance with the information contained in all Bulletins and Special Alerts as posted on Virtual Underwriter (www.vuwriter.com), whether you receive them by electronic distribution or not.

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

For on-line viewing of this and other bulletins, please log onto www.vuwriter.com.

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.


References