(a) In connection with any transaction involving the purchase or sale of a fee simple or possessory interest in real property in this state, the title insurer shall obtain or cause its agent to obtain, at or before the closing of settlement and disbursement of any funds, a statement in writing from the purchaser acknowledging that the purchaser has received a notice that owner’s title insurance may be available to the purchaser in accordance with the underwriting guidelines of the title insurer and that the purchaser does or does not desire to purchase owner’s insurance coverage. The written notice of availability of owner’s title insurance shall contain all of the following:
Terms Used In Alabama Code 27-25-7
- Contract: A legal written agreement that becomes binding when signed.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- following: means next after. See Alabama Code 1-1-1
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- property: includes both real and personal property. See Alabama Code 1-1-1
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
- writing: includes typewriting and printing on paper. See Alabama Code 1-1-1
(1) The address or legal description of the property.
(2) A disclosure that owner’s title insurance may be available in accordance with the underwriting guidelines of the title insurer and the premium therefor.
(3) A space to indicate the desire of the purchaser to either acquire or decline owner’s title insurance.
(4) The date the notice is executed by the purchaser.
(5) The signature of the purchaser or purchasers.
(b) In the event that the notice required in this section is not obtained from the purchaser at or before the closing of settlement and disbursement of any funds, the omission may be cured by the title agent or title insurer at any time subsequent to the closing of settlement but prior to actual or constructive notice of a claim or possible claim against the title of the real estate which was the subject of the settlement by sending a certified letter, return receipt requested, to the last known address of the purchaser, which includes the notification required in this section.
(c) The notification provided by this section shall not be required in any of the following transactions:
(1) A judicial or nonjudicial foreclosure.
(2) A sale pursuant to a decree of any court.
(3) A tax sale.
(4) A transfer evidenced by a deed upon which a recording or deed tax is not payable as provided by law.
(5) Any transaction in which the purchaser has elected to obtain owner’s title insurance or wherein the seller has elected or is required by contract to provide owner’s title insurance to the purchaser.
(6) Any transaction that conveys a security interest in property of an existing owner.