September 1, 2021

In This Issue:

  • TDI Compliance Reminders
  • New Laws in Effect Today, Sept. 1
  • Complimentary Webinar Now Available: New PID Disclosure Requirements Effective Sept. 1
  • Governor's Emergency RIN Authorization No Longer Applicable as of Sept. 1

TDI Compliance Reminders

TLTA | Sept. 1, 2021

Underwriter Data Call: Due Oct. 8

The Texas Department of Insurance (TDI) issues this mandatory data call under Insurance Code Section 2703.153, which requires title insurance underwriting companies to submit data to TDI annually. TDI uses this data to set title insurance premium rates, as required by Insurance Code Section 2703.151. This data call requests income, expense, and policy data from calendar year 2019.
 
Learn More, Submission Instructions »
 

Attention Title Agents: TDI's T-S1 Form Due by Sept. 30

Just a reminder that the T-S1, also known as the Title Agent's Unencumbered Assets Certification, is due to TDI's Title Examinations Department by Sept. 30, 2021. All title agents – including direct operations – are required to turn in a new T-S1 form every year between  Sept. 1 - 30. 
  
Download the Title Agent's Unencumbered Assets Certification (Form T-S1)
 
TDI has requested that you submit your T-S1 form by email to TitleExaminations@tdi.texas.gov
  
For more information contact TitleExaminations@tdi.texas.gov at 512-676-6880.
 

Escrow Officer License Renewals - Some Escrow Officers Are Failing to Renew Their Licenses

Prior to TDI rule changes implemented in the last two years, title agents were responsible for renewing their escrow officers’ licenses along with their agency license. Under today's rules, escrow officers are responsible for renewing their own licenses. 
 
Some escrow officers are failing to renew their licenses.
 
Ensuring TDI has your current email address is a crucial first step in monitoring license renewal notices. Learn how to keep your email address up-to-date and other helpful tips for renewing your license and staying in compliance.
 

New Laws in Effect Today, Sept. 1

TLTA | Sept 1, 2021
A host of new state laws go into effect today, Sept. 1. Some of these new laws could impact your title insurance business; other statutory changes now in effect are relevant to the larger real estate marketplace, including new laws related to public records, real estate transactions and more.
 
You can learn more in TLTA's 2021 Legislative Update, which includes effective dates for new laws that are now in effect, or will be in effect at some date certain in the future.
 
Or, you can watch our on-demand webinar, 2021 Texas Legislative Wrap-Up: New Laws and Near Misses. Hear the inside scoop on what happened during the recently ended 87th Session of the Texas Legislature. Find out about the new laws that will affect your title insurance business and when they go into effect, including those TLTA worked proactively to pass as well as those we worked with other interested parties to amend.
 

Complimentary Webinar Now Available: New PID Disclosure Requirements Effective Sept. 1

TLTA | Sept. 1, 2021
Under HB 1543, which was passed by the Texas Legislature and will be effective Sept. 1, every seller of a property that is subject to or part of a Public Improvement District (“PID”) is required to disclose to a buyer the existence of and certain details about the particular PID prior to execution of a binding contract, otherwise the buyer has the right to terminate the contract.
 
In order to comply with this new law, the Texas Real Estate Commission ("TREC") has approved a new contract containing the revised disclosure information in paragraph 6E of the contract and referring you to a new approved addendum to be used for the disclosure. Because this new disclosure law was just passed and made effective Sept. 1, the commission had to work quickly to provide these required forms.
 
You can learn more in this complimentary webinar created by Texas Realtors, or this memo, which they also produced. 
 
Under this new law, disclosure requirements and consequences for failure to disclose are just like those regarding the MUD disclosures our industry has been dealing with for years. It requires notice of the PID prior to execution of the contract. TREC has approved a new PID notice form titled Addendum Containing Notice of Obligation to Pay Improvement District Assessments. It requires certain specific information to be filled in. This information can be found by looking at the CAD or Central Appraisal District tax records. The PID is also required to file the form with the service plan that must be filed. The TREC notice form is voluntary, meaning license holders can use this form or another one that meets the statutory requirements.
 
The disclosure will also be provided by title companies at closing.  It must be signed by the seller and the buyer and recorded in the deed records. Once this disclosure procedure is followed and the buyer closes, then the buyer waives any rights he/she has to terminate the closing or receive penalties for failure to disclose.  
 
From a title company’s perspective, PID disclosures are handled the same way MUD disclosures are handled currently. 
 
Texas Realtors Webinar With More Info »
 
Texas Realtors Memo With More Info »
 
Editor's Note: Watching the complimentary webinar linked above does not qualify for continuing education hours.
 

Governor's Emergency RIN Authorization No Longer Applicable as of Sept. 1

TLTA | Sept. 1, 2021
The temporary suspension of regulations that allowed for the use of Remote Ink-Signed Notarization (RIN) in Texas has been terminated.
 
Effective 12:01 a.m. on Sept. 1, 2021, the use of RIN is no longer permitted in Texas. 
 
Following TLTA's initial request in April 2020, Gov. Abbott temporarily suspended traditional notary regulations to allow for temporary use of RIN under COVID-19 public health protocols. Under the emergency RIN authorization, a "wet signature" was still used, but the signature was witnessed by a notary via video and audio channels, and the notary seal was affixed at a later time.
 
After receiving feedback from our members regarding limited implementation of remote online notarizations (RON) in the marketplace, TLTA's board proposed the temporary, crisis-driven RIN solution that Gov. Abbott adopted to support real estate closings under COVID-19 public health protocols. 
 
Giving Texas consumers the opportunity to choose RIN further enhanced our industry's ability to serve the public with efficiency and safety during the early days of the pandemic. While the temporary use of RIN was in effect, title professionals worked within the suspension's guidelines with success and confidence in its security, helping ensure the integrity of real estate transactions statewide. 
 
Learn More About TLTA's Pandemic-Related Work on Behalf of Title Industry » 


In addition to live webinars held throughout the year, you have access to our library of more than 80 On-Demand webinars and videos  covering the title industry topics you need to earn continuing education credits and stay ahead of the curve on the latest industry trends!