New Mexico Register / Volume XXXIV, Issue 24
/ December 19, 2023
This is an amendment to 13.14.1 NMAC, Section 7, effective
1/1/2024.
13.14.1.7 DEFINITIONS: For definitions of terms contained in this
rule, refer to Section 59A-30-3 NMSA 1978, unless otherwise noted below.
A. “Abstract plant” means title plant.
B. “Agency” means a business entity as defined in Subsection B of Section 59A-12-2 NMSA 1978, including a sole proprietorship that transacts title insurance business.
C. “ALTA” means the American Land Title Association.
D. “Basic premium rate” means the premiums set from time to time by the superintendent for an original owner’s policy.
E. “Commitment” means an NM form 6 issued to a customer.
F. “Day or Days” means, unless otherwise specified:
(1) one to five days excludes weekends and state holidays; and
(2) six days or more, includes weekends and holidays.
G. “Down date” means the date that a subsequent search and examination of the public records affecting title to property is completed and effective.
H. “Escrow” means a transaction in which funds are delivered or given to a person not otherwise having any right, title, or interest in them, to be held by that person for delivery or disbursement to another person upon the happening of a specified event or the performance of a specified condition.
I. “Escrow account” means an account established pursuant to Sections 58-28-4 or 59A-12-22 NMSA 1978.
J. “Escrow funds” means all monies the
issuing title insurance agency or title insurer receives when conducting
escrows, settlements, closings or tax deferred exchanges in connection with the
issuance of a title insurance policy.
K. “Escrow instructions” means a dated, written, and
signed agreement of the parties to an escrow, including a duly appointed agent
or attorney-in-fact, specifying the event or condition upon which the escrowed
funds shall be delivered or disbursed.
This term shall include a purchase agreement, or lender’s instructions,
and modifications of escrow instructions.
L. “Escrow officer” means an individual
affiliated with a title insurance agency or title insurer who is directly
responsible for the settlement of a real estate transaction, as evidenced by
their signature on a settlement statement.
M. “Extra chain of title” means a parcel having a
separate chain of title from the original chain being searched.
N. “Funds subject to immediate withdrawal” as used in Subsection F of Section 59A-30-3 means money collected and deposited in an escrow account with a financial institution held in the name of and subject to the control of a title insurance agency, a title insurer, or third party fiduciary for a real estate closing, that can be totally disbursed immediately by cash withdrawal or cashier’s checks without relying on the balance created by other deposit in the account not made as part of the real estate closing for which disbursement is being made.
(1) The following funds are subject to immediate withdrawal collected on the day of deposit:
(a) cash;
(b) received wired funds managed by the federal reserve system;
(c) a cashier’s check or certified check which is issued payable to the title insurance agency, title insurer, or third party fiduciary and has been deposited to its account at the financial institution which issued it; and guaranteed by the financial institution as collected funds for immediate disbursement;
(d) a cashier’s check which is payable to and was purchased by the title insurance agency, title insurer, or third party fiduciary, and has been deposited to its account at a financial institution and guaranteed by the financial institution for immediate disbursement.
(2) The following funds are considered available funds on the next business day after day of deposit:
(a) treasury checks, postal money orders, federal reserve bank checks and federal home loan bank checks;
(b) state of New Mexico and local government checks which have been deposited at a financial institution located in New Mexico using a special deposit slip if required by the depository institution for next day availability;
(c) cashier’s checks, certified check and teller’s checks which have been deposited at a financial institution located in New Mexico using a special deposit slip if required by the depository institution for next day availability.
(d) All other modes used for the transfer of monies will
be available funds on the earliest date they are considered collected funds in
accordance with Regulation CC, “Availability of Funds and Collection of Checks”
established by the board of governors of the federal reserve system as amended.
(e) Any funds received under the automated clearing house (ACH) network shall not be considered “available funds” until collected.
O. “HECM” means a home equity conversion mortgage
administered by the federal housing administration (FHA).
P. “HUD” means the United States department of housing
and urban development.
[O] Q. “Loan policy” means an NM form 2 issued
to a customer.
[P] R. “Mortgage” means either a mortgage or
deed of trust.
[Q] S. “One to four family
residential property” means any real property primarily designed and used
for residential occupancy of from one to four families, including a residential
unit in a condominium if such unit is designed and used primarily for occupancy
by one to four families, regardless of the total number of units in the
condominium complex.
[R] T. “Owner’s policy”
means an NM form 1 or NM form 34, as applicable, issued to a customer.
[S] U. “Pro forma policy”
means a sample of an owner’s or loan policy prepared prior to issuance of the
policy, with completed schedules A and B and endorsements, identifying the
proposed insured, the exceptions that are proposed to be placed in the final
policy to be issued, and the name of the title insurer and title insurance agency,
including samples of endorsements.
[T] V. “Referrer” means any
person in a position to refer business to a title insurer or title insurance agency.
[U] W. “Simultaneous Issue”
means issuing two or more policies bearing the same effective date and insuring
part or all of the same land.
[V] X. “Title plant” [is] means a collection
of real estate records meeting the requirements of Section 59A-12-13 NMSA 1978.
[W] Y. “Title
rate case” means a proceeding that results in the establishment of rates,
or charges pertaining to the business of title insurance and includes, without
limitation, the title rate case required by Section 59A-30-8 NMSA 1978.
[X] Z. “Unusual
complexity” means when circumstances cause an unusually long search or
complicated examination as determined by a reasonable title insurance agent or
title insurer.
[Y] AA. “Vestee”
means the person or persons in whom title to the land is vested.
[13.14.1.7 NMAC –
Rp, Sections 7 through 33 of 13.14.1 NMAC, 1/1/2021; A, 1/1/2024]