- December 22, 1998
- All Issuing Offices
- Restrictions Based on Race, Color, Religion, Sex, Handicap, Familial Status, or National Origin
Some covenants or restrictions contain discriminatory terms. These terms are unenforceable. It is also illegal to provide the discriminatory terms to our customers.
You must do the following if your examination reveals discriminatory covenants or restrictions:
- If the instrument contains only a discriminatory provision, do not except
- If the instrument contains other terms that have not expired (such as residential
use or building lines), add the following highlighted words:
a. "Terms, provisions, covenants, conditions, and restrictions, easements, charges, assessments and liens provided in the Covenants, Conditions and Restrictions recorded ______________, but omitting any covenant, condition or restriction, if any, based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that the covenant, condition or restriction (a) is exempt under Title 42 of the United States Code, or (b) relates to handicap, but does not discriminate against handicapped persons."
- If you provide copies of restrictions that contain a discriminatory provision, you must mark out the discriminatory provision, and note in the margin "this provision omitted". Do not provide copies of an instrument that contains only a discriminatory provision. Do not provide copies of an instrument that contains a discriminatory provision and other covenants, unless you mark out the discriminatory provision
THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.