Louisiana 2011 Regular Session

Louisiana House Bill HB85

Introduced
4/25/11  
Refer
4/25/11  
Report Pass
5/10/11  
Engrossed
5/16/11  
Refer
5/17/11  
Report Pass
6/7/11  
Enrolled
6/15/11  
Chaptered
6/24/11  

Caption

Requires the identification of the title producer, examining attorney, and title insurer on certain transactions

Impact

The enactment of HB 85 will impact state laws by formalizing the requirements for title-related documentation in real estate sales and mortgages. By necessitating the inclusion of specific identifying details, the bill aims to facilitate greater oversight and support for parties involved in property transactions. Furthermore, it is anticipated that this will help streamline the title insurance process and clarify the responsibilities of those issuing title policies, which could lead to increased consumer confidence in real estate transactions.

Summary

House Bill 85 introduces new requirements within Louisiana's title insurance framework, aimed at enhancing transparency and accountability in residential property transactions. The bill mandates that identifying information, including the name and license number of the title insurance producer, the title insurance underwriter, and the examining attorney, must be included on documents transferring ownership of one-to-four family residential properties. This is designed to make it clearer who is involved in the title insurance process and potentially to reduce disputes related to title claims.

Sentiment

The general sentiment around HB 85 appears to be positive, with lawmakers recognizing the importance of clear identification to prevent fraudulent claims or mistakes in property transactions. The bill received unanimous support in the Senate, indicating a broad consensus on the need for these regulatory changes. Advocates of the bill maintain that these measures will protect consumers and uphold the integrity of Louisiana’s real estate market.

Contention

While HB 85 received predominantly favorable views, some concerns have been raised regarding the implementation of these new requirements. Questions emerged about the potential burden on title producers and attorneys who may need to adjust their current practices to comply with the new laws. Additionally, the bill includes provisions stating that failure to include the required identifying information will not nullify the validity of the transaction, which could lead to debates about the sufficiency of this safeguard in ensuring thorough documentation.

Companion Bills

No companion bills found.

Previously Filed As

LA SB170

Title Insurance – Insurers and Insurance Producers – Requirements

LA SB180

Provides qualifications and licensing requirements for title insurance producers. (1/1/21)

LA HB432

Imposes certain requirements on transactions executing the transfer of certificates of title of certain movable property

LA HB65

Provides relative to mandatory audits of title insurance producers by title insurers

LA HB807

Requires that a title opinion contain a search of the mortgage or public records for a specified period of time for federal judgments or if the transaction being insured is a sale or a mortgage

LA HB154

Allows the consumer to choose a closing attorney or title company in certain real estate transactions

LA HB2754

Real estate transactions; identification; recordings

LA HB476

Specifies that insurance producers may not be required to provide certain information regarding insurance coverage

LA HB1506

Insurance; directing title insurance producer or title insurer provide certain requested copies at no charge; time frame; effective date.

LA SB356

Updating certain terms, definitions and conditions relating to the requirements of certain insurance reports, examinations and transactions.

Similar Bills

No similar bills found.