Bulletin: ID000008

Date:
August 17, 1994
To:
All Policy Issuing Agents, Offices and approved Attorneys - Idaho
RE:
Judgments Arising out of Divorce Decrees

Dear Associates:

It is not uncommon to find recorded or docketed Divorce Decrees that make provision for periodic payments for child support and similar matters that run until a certain date, or until a specified event occurs.

The State of Idaho makes provision for such periodic payments to be liens upon real property as follows:

Idaho: IC 10-1110 provides that a decree of divorce or separate maintenance making provision for periodic payment by installment of sums for maintenance of children, alimony and support shall be a lien in the amount for payments so provided, delinquent or not, when due.

Such a recorded or docketed Divorce Decree or other Order of the Court providing for such payments should be viewed as giving potential notice of a judgment by operation of law.

You should make the requirement on all commitments issued where such a Divorce Decree if found against the owner of:

Delivery to the Company of a Certificate executed by ______________ evidencing that all periodic payments for child support and maintenance are current through the date of policy arising out of that certain Decree of Divorce between _________________ and ________________, filed in ______ District Court in and for the County of _______________, Civil Action No. ____________, recorded [docketed] ________________, 19 ____ as Instrument No. __________, indexed in Book ___________, at Page ____________.

If you have any questions on this procedure, please contact your District Office.

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.

References

Bulletins Replaced:
None
Related Bulletins:
None
Underwriting Manual:
4.32 Divorces
 
10.08 Judgments
Exceptions Manual:
ID Divorces
Forms:
None