Title Insurance Indemnity Agreement Template for United States

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Key Requirements PROMPT example:

Title Insurance Indemnity Agreement

"Need a Title Insurance Indemnity Agreement to cover a potential boundary dispute on a commercial property in Texas, where the previous owner will serve as indemnitor and we require specific provisions for quarterly property surveys until January 2025."

Document background
The Title Insurance Indemnity Agreement serves as a critical risk management tool in U.S. real estate transactions where specific title defects have been identified but can be managed through indemnification rather than remediation. This document is typically used when a title insurance company discovers potential issues during the title search process but is willing to provide coverage if properly indemnified against potential losses. The agreement outlines the specific title defects being indemnified, the scope of protection, and the claims process, while ensuring compliance with both federal regulations and state-specific insurance laws. It's particularly important in transactions where time constraints or practical considerations make immediate resolution of title issues impractical.
Suggested Sections

1. Parties: Identification of the insurer, indemnitor, and indemnitee

2. Background: Context of the title defect or issue requiring indemnification

3. Definitions: Key terms used throughout the agreement including relevant legislative references to RESPA, Dodd-Frank, and state-specific requirements

4. Indemnification Scope: Specific details of what is being indemnified and the extent of coverage

5. Duration: Term of the indemnification agreement and any renewal provisions

6. Claims Process: Procedure for making and handling claims, including notification requirements and timeframes

7. Governing Law: Applicable jurisdiction and choice of law provisions, including reference to relevant state insurance laws

Optional Sections

1. Security Provisions: Additional security requirements for the indemnification, used when additional financial security is required

2. Insurance Requirements: Specific insurance obligations of the indemnitor, used when additional insurance coverage is needed

3. Assignment: Rights and restrictions regarding assignment of the agreement, used when transfer rights need to be specifically addressed

Suggested Schedules

1. Schedule A - Property Description: Legal description of the property affected by the title insurance indemnity

2. Schedule B - Title Defect Details: Specific description of the title defect or issue being indemnified against

3. Schedule C - Supporting Documents: Relevant title searches, surveys, or other supporting documentation

4. Schedule D - Financial Requirements: Any specific financial obligations or security requirements for the indemnification

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Industries

RESPA: Real Estate Settlement Procedures Act - Federal law that requires disclosure of real estate settlement costs and elimination of kickbacks and referral fees

Dodd-Frank Title X: Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act - Establishes the CFPB and provides framework for consumer financial protection

CFPB Regulations: Consumer Financial Protection Bureau regulations governing consumer financial products and services, including title insurance

Fair Housing Act: Federal law prohibiting discrimination in real estate transactions, including associated services like title insurance

TILA: Truth in Lending Act - Requires disclosure of credit terms and standardizes the manner in which costs are calculated and disclosed

State Insurance Laws: State-specific laws governing the operation, licensing, and regulation of insurance companies, including title insurers

State Real Property Laws: State-specific laws governing real estate transactions, property rights, and title transfers

State Title Insurance Regulations: Specific state regulations governing title insurance operations, rates, and practices

State Consumer Protection Laws: State-specific laws designed to protect consumers in financial transactions, including real estate and insurance

State Recording Acts: Laws governing the recording of real estate documents and establishing priority of interests in real property

ALTA Guidelines: American Land Title Association standards and forms that set industry best practices and provide standardized documentation

State Title Association Requirements: Requirements set by state-specific title associations for member companies and practitioners

Underwriting Standards: Standard practices and requirements for evaluating title insurance risks and issuing policies

Licensing Requirements: State-specific requirements for licensing and maintaining title insurance operations

Rate Regulations: State-specific regulations governing title insurance premium rates and fee structures

Disclosure Requirements: Mandatory disclosures required by federal and state laws in title insurance transactions

Indemnification Requirements: Specific requirements for indemnification provisions in title insurance agreements

Statute of Limitations: Time limits for filing claims under title insurance policies and related agreements

Recording Requirements: State-specific requirements for recording title insurance policies and related documents

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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