Montana Code 33-25-216. Notice of issuance of mortgagee policy
33-25-216. Notice of issuance of mortgagee policy. (1) A title insurer or title insurance producer that issues a mortgagee’s policy of title insurance on a loan made simultaneous to the purchase of all or part of the property securing the loan, when an owner’s policy has not been ordered, shall inform the borrower in writing that the mortgagee’s policy is to be issued, that the mortgagee’s policy does not protect the borrower, and that the borrower may obtain an owner’s title insurance policy for the borrower’s protection. This notice must be provided, on a form prescribed by the commissioner, before issuance of the mortgagee’s policy.
Terms Used In Montana Code 33-25-216
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- producer: means a person, corporation, partnership, or other business entity, including an officer, director, or owner of 5% or more of the equity or capital thereof, engaged in this state in the trade, business, occupation, or profession of:
(a)buying or selling interests in real property;
(b)making loans secured by interests in real property; or
(c)acting as broker, insurance producer, or representative of a person described in subsection (8)(a) or (8)(b). See Montana Code 33-25-105
- Property: means real and personal property. See Montana Code 1-1-205
- Title insurance policy: means a contract by which, subject to its stated terms and conditions, a title insurer insures or indemnifies the insured against loss or damage sustained by reason of:
(a)defects in or liens or encumbrances on the title to the stated property;
(b)unmarketability of the title to the stated property; or
(c)invalidity or unenforceability of liens or encumbrances on the stated property. See Montana Code 33-25-105
- Title insurance producer: means a person who holds a valid title insurance producer's license and is authorized in writing by a title insurer to:
(i)solicit title insurance business;
(ii)collect rates;
(iii)determine insurability in accordance with underwriting rules and standards of the insurer; or
(iv)issue policies of the title insurer. See Montana Code 33-25-105
- Title insurer: means an insurer formed and authorized under the laws of this state to transact the business of title insurance in this state or a foreign or alien insurer so authorized. See Montana Code 33-25-105
- Writing: includes printing. See Montana Code 1-1-203
(2)If the borrower elects not to purchase an owner’s title insurance policy, the title insurer or title insurance producer 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 buyer refuses to provide the statement and waiver, the title insurer or title insurance producer shall indicate the refusal in the file. The statement and waiver must be on a form prescribed by the commissioner and must be retained by the title insurer or title insurance producer for at least 5 years after receipt.