(a) A title insurer or title agent that issues a mortgagee's policy of title insurance on a loan made simultaneous with the purchase of all or part of the residential property securing the loan, where no owner's policy has been ordered, shall inform the borrower in writing that the mortgagee's policy does not protect the borrower, and that the borrower may obtain an owner's title insurance policy for his protection. Such notice shall be provided before disbursement of the loan proceeds and before issuance of a mortgagee's policy and shall be on a form prescribed by the commissioner.
(b) If the borrower elects not to purchase an owner's title insurance policy, the title insurer or title agent shall obtain from the borrower a statement in writing that the notice has been received and that the borrower waives the right to purchase an owner's title insurance policy. If the borrower refuses to provide the statement and waiver, the title insurer or title agent shall so note in the file. The statement and waiver shall be on a form prescribed by the commissioner and shall be retained by the title insurer or title agent for at least five years after receipt.
(P.A. 90-218, S. 24; P.A. 14-235, S. 22.)
History: P.A. 14-235 made technical changes.
Structure Connecticut General Statutes
Chapter 700a - Title Insurance
Section 38a-400. - Short title: Connecticut Title Insurance Act. Purpose.
Section 38a-401. - Application of act and construction with other laws.
Section 38a-402. - Definitions.
Section 38a-403. - Title insurers' authorized activities.
Section 38a-404. - Limitations on powers.
Section 38a-405. - Capital and surplus requirements.
Section 38a-406. - Single risk limitation.
Section 38a-407. - Underwriting standards and record retention.
Section 38a-408. - Unearned premium reserve.
Section 38a-409. - Use of reserve on liquidation, dissolution or insolvency.
Section 38a-410. - Loss and loss expense reserve.
Section 38a-411. - Reinsurance.
Section 38a-412. - Investments.
Section 38a-413. - Title agent licensing, exemptions.
Section 38a-414. - Prohibition on rebates and inducements.
Section 38a-415. - Division of premiums and charges.
Section 38a-416. - Disclosure of financial interest.
Section 38a-417. - Favored title agent or insurer.
Section 38a-418. - Premium rate standards.
Section 38a-419. - Premium rate schedules.
Section 38a-420. - Publication of schedules of premiums and charges.
Section 38a-421. - Form filing.
Section 38a-422. - Form standards.
Section 38a-423. - Notice of issuance of mortgage policy.