Bulletin: TX2019003

Date:
May 16, 2019
To:
All Texas Issuing Offices
RE:
UNDERWRITING - Homestead and Pretended Sale [Revised 5-16-19]

Dear Associates:

We have recently become aware of transactions involving the sale of homes with a lease back and option to repurchase to the seller. In some instances, they are being marketed as a means to allow the owners to sell their property but continue to live there and “release” the equity in the property without the need to obtain a traditional home equity loan. Whether or not the transaction is marketed in such a way, if the property is the homestead of the seller prior to the transaction it is our position that the transaction may be viewed as a pretended sale under Tex. Const. Art.16, §50(c) and is not insurable

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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:
TX000034 (1) Owelty Liens; (2) Federal Tax Liens; (3) Homestead Designations; and (4) Pretended Sales of Homestead
Underwriting Manual:
TX 8.08 Homestead
Exceptions Manual:
None
Forms:
None