Special Circumstances for Policy Delay

PURPOSE: This regulation prescribes the special circumstances which may delay compliance with the requirement that title policies be issued within forty-five (45) days after compliance with the requirements of the commitment. (1) “Meeting the requirements,” means the receipt of documents or completion of tasks set out in the requirements section of the commitment or Schedule B-1; or, if the commitment does not have requirements, then receipt of documents and/or completion of tasks required by the closing instructions to create the estate to be insured. (2) A title policy must be issued within fortyfive (45) days after meeting the requirements of the commitment, except in the following circumstances: (A) The title insurer, title agency or title agent has filed, in the office of the recorder of deeds, the deed and/or security instruments, but the deed and/or security instruments have not yet been recorded; or (B) Commitment, policy, recording costs, and other fees have not been paid to the title agent or agency; or (C) Commitment, policy, recording costs, and other fees have not been paid to the insurer if the policy is to be issued directly by the insurer. (3) A title insurer, title agency or title agent has the burden of proving any exception under this rule. AUTHORITY: section 374.045, RSMo 2000 and sections 381.038 and 381.042, RSMo Supp. 2007.* Emergency rule filed Jan. 16, 2008, effective Jan. 28, 2008, expired July 14, 2008. Original rule filed Jan. 16, 2008, effective Sept. 30, 2008. *Original authority: 374.045, RSMo 1967, amended 1993, 1995; 381.038, RSMo 2000, amended 2007; and 381.042, RSMo 2000, amended 2007.