Ohio Senate Bill 185 which became effective 1/1/07, giving Buyers and Sellers the opportunity to purchase Closing Protection Coverage when title insurance is involved. Additionally the law also requires Title Agents to offer those Buyers and Sellers where title insurance is not involved an opportunity to purchase title insurance and obtain Closing Protection Coverage (CPC). Had this been in effect back in 2002 when Barbara Grey and Sandy Hamlin dealt with Equity land title they would have had an opportunity to protect themselves against the loss of their funds.
I'm on your side with some help in this matter. Read Senate Bill 185 below. I warn you...its long but it could help you in the future.
Sec. 3953.23. (A) Every title insurance agent shall keep
3031
books of account and record and vouchers pertaining to the
3032
business of title insurance in such manner that the title
3033
insurance company may readily ascertain from time to time whether
3034
the agent has complied with this chapter.
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(B) A title insurance agent may engage in the business of
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handling escrows of real property transactions directly connected
3037
with the business of title insurance, provided that the agent
3038
shall maintain a separate record of all receipts and disbursements
3039
of escrow funds and shall not commingle any such funds with the
3040
agent's own funds or with funds held by the agent in any other
3041
capacity; and if at any time the superintendent of insurance
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determines that an agent has failed to comply with any of the
3043
provisions of this section, the superintendent may revoke the
3044
license of the agent pursuant to section 3905.14 of the Revised
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Code, subject to review as provided for in Chapter 119. of the
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Revised Code. All agents shall be covered by a fidelity bond in an
3047
amount and with a company satisfactory to the principal.
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(C) All title insurance agents or agencies that handle
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escrows in real property transactions not involving the issuance
3050
of title insurance shall have coverage that protects the parties
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to such transactions against theft, misappropriation, fraud, or
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any other failure to properly disburse settlement, closing, or
3053
escrow funds. The superintendent shall adopt rules under Chapter
3054
119. of the Revised Code setting forth the minimum requirements
3055
for such coverage, including, but not limited to, the minimum
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amounts, terms, and conditions of such coverage.
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(D) The superintendent shall require every title insurance
3058
agent or agency and any subcontractors to maintain an errors and
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omissions policy, in any amount exceeding minimum limits
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established by the superintendent, that includes but is not
3061
limited to coverage for the agent's or agency's delegation of any
3062
agent or agency function. The superintendent shall adopt rules
3063
under Chapter 119. of the Revised Code setting forth the minimum
3064
requirements for that coverage, including but not limited to the
3065
minimum amounts, terms, and conditions of the coverage.
3066
Sec. 3953.30. (A) As used in this section:
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(1) "Residential mortgage loan" means an obligation to pay a
3068
sum of money evidenced by a note and secured by a lien upon real
3069
property located within this state containing two or fewer
3070
residential units or on which two or fewer residential units are
3071
to be constructed and includes such an obligation on a residential
3072
condominium or cooperative unit.
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(2) "Residential mortgage lender" means any person,
3074
including, but not limited to, banks, savings and loan
3075
associations, mortgage brokers, credit unions, or savings banks,
3076
that lends money or extends or grants credit and obtains a
3077
residential mortgage to assure payment of the debt.
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(B) A title insurance agent issuing a lender's title
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insurance policy in conjunction with a residential mortgage loan
3080
made simultaneously with the purchase of all or part of the real
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property securing the loan, where no owner's title insurance
3082
policy has been requested, shall give written notice, on a form
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prescribed or approved by the superintendent of insurance, to the
3084
mortgagor at the time the commitment is prepared. The notice shall
3085
explain that a lender's title insurance policy is to be issued
3086
protecting the residential mortgage lender, and that the policy
3087
does not provide title insurance protection to the mortgagor as
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the owner of the property being purchased. The notice shall
3089
explain what an owner's title insurance policy insures against and
3090
what possible exposures exist for the mortgagor that could be
3091
insured against through the purchase of an owner's title insurance
3092
policy. The notice shall state that the mortgagor may obtain an
3093
owner's title insurance policy protecting the mortgagor as the
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owner of the property, either at a specified cost or at an
3095
approximate cost if the proposed coverages or amount of insurance
3096
is not then known. The title insurance agent shall maintain a copy
3097
of the notice, signed by the mortgagor, in the relevant
3098
underwriting file for at least ten years after the effective date
3099
of the lender's title insurance policy.
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Sec. 3953.32. (A) At the time of close with a title insurance
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company for issuance of a title insurance policy, the title
3102
insurance company or the title insurance agent shall offer closing
3103
or settlement protection to the lender, borrower, and seller of
3104
the property, and to any applicant for title insurance.
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(B) The closing or settlement protection offered pursuant to
3106
this section shall indemnify any lender, borrower, seller, and
3107
applicant that has requested the protection, both individually and
3108
collectively, against the loss of settlement funds resulting from
3109
any of the following acts of the title insurance company's named
3110
title insurance agent or anyone acting on the agent's behalf:
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(1) Theft, misappropriation, fraud, or any other failure to
3112
properly disburse settlement, closing, or escrow funds;
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(2) Failure to comply with any applicable written closing
3114
instructions, when agreed to by the title insurance agent.
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(C) The issuance of closing or settlement protection by a
3116
title insurance company pursuant to division (A) of this section
3117
is part of the business of title insurance for purposes of Chapter
3118
3953. of the Revised Code.
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(D) Except as provided in division (A) of this section, a
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title insurance company shall not offer or issue any coverage
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purporting to indemnify against a person's improper acts or
3122
omissions in connection with escrow, settlement, or closing
3123
services.
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(E) The superintendent of insurance may adopt rules in
3125
accordance with Chapter 119. of the Revised Code as the
3126
superintendent considers necessary to carry out the purposes of
3127
this section, including, but not limited to, rules that detail the
3128
specific language that must be included in the written document
3129
offering closing or settlement protection as provided for in
3130
division (A) of this section.
3131
Sec. 3953.33. (A) Every title insurance agent or agency that
3132
handles escrow, settlement, closing, or security deposit accounts
3133
shall have an annual independent review made of its escrow,
3134
settlement, closing, and security deposit accounts on a
3135
calendar-year basis within ninety days after the close of the
3136
previous fiscal year. The title insurance agent or agency shall
3137
provide proof of the annual review to each title insurance company
3138
that it represents. The superintendent of insurance shall
3139
promulgate rules under Chapter 119. of the Revised Code setting
3140
forth the minimum threshold level at which a review is required,
3141
the standards of the review, the minimum qualifications of the
3142
independent party conducting the review, and the form of the
3143
report that is required. The superintendent may also require title
3144
insurance agents or agencies to provide a copy of their annual
3145
review reports to the superintendent. The annual review required
3146
by this division does not apply to interest on lawyer's trust
3147
accounts established and maintained by an attorney pursuant to
3148
sections 4705.09 and 4705.10 of the Revised Code.
3149
(B) Title insurance agents and agencies shall allow the
3150
superintendent and each and every title insurer that they
3151
represent reasonable access to all of their escrow, settlement,
3152
closing, and security deposit accounts and any and all supporting
3153
account information in order to ascertain the safety and security
3154
of the funds held by the title insurance agent or agency.
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(C) Title insurance agents and agencies shall maintain
3156
sufficient records of their affairs, including their escrow
3157
operations and escrow trust accounts, so that the superintendent
3158
may adequately ensure that the title insurance agent or agency is
3159
in compliance of this chapter. Records kept pursuant to this
3160
section shall be kept for a period of not less than ten years
3161
following the transactions to which the records relate. The
3162
superintendent may prescribe the specific records and documents to
3163
be kept.
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Sec. 3953.35. (A) No title insurance agent shall do any of
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the following in connection with a mortgage loan of seventy-five
3166
thousand dollars or less:
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(1) Knowingly coerce or wrongfully instruct the consumer to
3168
enter into the loan;
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(2) Knowingly fail to disclose to the consumer that the
3170
consumer does not have to close on the loan;
3171
(3) Knowingly make a material misrepresentation to the
3172
consumer regarding the terms of the loan.
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(B) A violation of this section is deemed an unfair and
3174
deceptive act or practice in violation of section 1345.02 of the
3175
Revised Code.
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