As used in the New Mexico Title Insurance Law:

A. “agency agreement” means a document executed by a title insurer and title insurance agent that defines the compensation of the title insurance agent and the scope of the title insurance agent’s authority;

B. “basic premium rate” means the premium rate for an original owner’s policy of title insurance;

C. “business of title insurance” means:

(1)     issuing as title insurer or offering to issue as title insurer a title insurance policy; or

(2)     transacting or proposing to transact by a title insurer or title insurance agent any of the following activities when conducted or performed in contemplation of the issuance of a title insurance policy:

(a) soliciting or negotiating the issuance of a title insurance policy;

searches;

(b) guaranteeing, warranting or otherwise insuring the correctness of title (c) executing title insurance policies; (d) effecting contracts of reinsurance;

(e) abstracting, searching or examining titles; or

(f) doing or proposing to do any business in substance equivalent to the business of title insurance in a manner designed to evade the provisions of the New Mexico Title Insurance Law or other laws applicable to the business of title insurance;

D. “charge” means any consideration, other than premiums billed by a title insurance agent or title insurer or both, for the performance of services, including but not necessarily limited to:

(1)     consideration for the supervising or handling of escrows, settlements, closings, preparation of abstracts, delivery or recording of transfer and lien documents and disbursing funds;

(2)     consideration for services commenced but not completed; and

(3)     consideration for title searches conducted for a purpose other than issuance of a title insurance policy.

“Charge” does not include consideration collected by a title insurer or title insurance agent when the consideration is limited to the amount billed for services rendered by a third party;

E. “premium” means the consideration for issuing a title insurance policy and includes the consideration for searching and examining a title when conducted or performed for the purpose of the issuance of a title insurance policy;

F. “available funds” means funds subject to immediate withdrawal by cash or check in a depository account with a financial institution, held in the name of and subject to the control of a title insurance agent, title insurer or third party fiduciary, not including a person or entity that is a party to the transaction, cooperating in the closing of a transaction with a title insurance agent or title insurer;

G. “title insurance agent” means a person licensed as an agent under the Insurance Code [N.M. Stat. Ann. Chapter 59A] and appointed by a title insurer;

H. “title insurance policy” or “policy” means a contract indemnifying against loss or damage arising from any of the following that exist on or before the effective date of the policy:

(1)     defects in the insured title;

(2)     liens or encumbrances on the insured title; (3)     unmarketability of the insured title;

(4)     invalidity or unenforceability of liens or encumbrances on the property that is the subject of the policy; or

(5)     lack of legal right of access to and from the property. “Title insurance policy” or “policy” does not include an abstract; and

I. “title insurer” means any person authorized under the laws of this state to transact as insurer the business of title insurance.