Department of Insurance

Pursuant to Idaho Code 41-2710(7) regular examination of the tract indexes, abstract records, and any other records to ascertain compliance with title 41, Idaho Code, and related rules, of a title agent after the first examination thereof by the director shall be limited to not more than every fifth year, unless the agent otherwise requests or the director has cause to believe the same does not comply with this chapter or the rules thereunder.

Each examination includes a review of the following business areas:

Operations and Management
This section of the examination includes review of management and control, contracting authority, surety bond, claims, and financial interests of the title entity management and ownership.

Advertising and Marketing
This section of the examination includes a review of the title agent’s marketing and sales practices. This includes a review of all accounts involving contributions, donations, sales expenses, travel and meal expenses, title agent/staff function expenses, as well as samples of listing packages or property profiles.

Title Files
This section of the examination includes a review of title insurance rates charged, the correct insured amount of the owner’s and mortgagee’s policies, proper countersignatures, double sales, proper use of the Standards of Liability and liens and encumbrance rules, commitment cancellation fees, and unique kind or class of risk and any business interests of the title officers.

Escrow Fiduciary Accounts
This section of the examination includes a review of the fiduciary accounts utilized during the examination period. The accounts are reviewed for correct labeling, separation from operating funds, reconciliation, and negative balances.

Escrow Files
This section of the examination includes a review of the adequacy of written instructions, conformity to the written instructions by the title agent, escrow rates charged as filed, signed settlement statements, receipt and disbursement ledgers, evidence of receipts and disbursements made, file overdrafts, and any business interests of the escrow officers.

After the examination is complete the Department prepares an examination report and provides it to the title agent being examined affording them up to twenty-eight (28) days within which to review, comment and request a hearing. Unless a hearing is requested in accordance with Chapter 2, Title 41, Idaho Code, the examination report shall be adopted by order of the Director and deemed available to the public notwithstanding the exemptions from disclosure provided in Chapter 1, Title 74, Idaho Code.

2019 Market Conduct Examination Reports and Orders

2018 Market Conduct Examination Reports and Orders

2017 Market Conduct Examination Reports and Orders

2016 Market Conduct Examination Reports and Orders

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