4
Page In This Issue 1-2 Insuring Access In Wyoming 3 FIRPTA Foreign Investment In Real Property Tax Act 4 Wyoming Agency Team Contact List 4 First American Title Pass-Thru Marketing ©2016 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE: FAF The information contained in this document was prepared by First American Title Insurance Company (“FATICO”) for informational purposes only and does not constitute legal advice. FATICO is not a law firm and this information is not intended to be legal advice. Readers should not act upon this without seeking advice from professional advisers. First American Title Insurance Company makes no express or implied warranty respecting the information presented and assumes no responsibility for errors or omissions. First American, the eagle logo, First American Title, and firstam.com are registered trademarks or trademarks of First American Financial Corporation and/or its affiliates. INSURING ACCESS IN WYOMING By: Bill Boyles, State Underwriter-Wyoming Once upon a time in Wyoming a cowboy was looking to buy a parcel of Wyoming heaven. Imagine his surprise when his favorite title company informed him there was no legally established “right of access to and from the land.” The cowboy was sure the title company folks were crazy! Everyone knew there was a nice road to the ranch and it had been there forever. But, being a wise old cowboy, he decided to ask the seller about the road. The seller told him there was “an easement.” The seller and the cowboy decided they would inspect the easement, so they jumped in the pickup and drove to a gate where a nicely maintained road began. The road ran for several miles right to the little piece of Wyoming heaven. The seller said, “Now this here easement means that you can ease on through the neighbor’s pastures, ease on down his road, ease on through his gates and you can ease on into the ranch.” Have you ever had a customer tell you a story like this? People believe that the existence of a road indicates the existence of a legally established right of access. This is simply not true. In Wyoming, there may be thousands of miles of roads which are not legally established; insuring access should be approached with caution. The majority of title insurance claims in Wyoming have an access issue associated with them. Access falls into two categories, public and private. Each type has its own characteristics, and a thorough understanding of the nuances is required. The subject of access is complicated and the purpose of this article is to touch on some of the basics. Public rights of access fall into several categories. County roads are the first and provide the least restrictive rights of access. Except for safety reasons imposed by the county, no one can restrict the right of passage over a county road. Establishment of county roads is dependent on the county properly following statutory procedures. The AMD: 03/2016 Pronghorn Press ~ A WYOMING AGENCY NEWSLETTER ~ 2016 | EDITION 1

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Page In This Issue

1-2 Insuring Access In Wyoming

3FIRPTA Foreign Investment In Real Property Tax Act

4 Wyoming Agency Team Contact List

4 First American Title Pass-Thru Marketing

©2016 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE: FAF

The information contained in this document was prepared by First American Title Insurance Company (“FATICO”) for informational purposes only and does not constitute legal advice. FATICO is not a law firm and this information is not intended to be legal advice. Readers should not act upon this without seeking advice from professional advisers. First American Title Insurance Company makes no express or implied warranty respecting the information presented and assumes no responsibility for errors or omissions. First American, the eagle logo, First American Title, and firstam.com are registered trademarks or trademarks of First American Financial Corporation and/or its affiliates.

INSURING ACCESS IN WYOMINGBy: Bill Boyles, State Underwriter-Wyoming

Once upon a time in Wyoming a cowboy was looking to buy a parcel of Wyoming heaven. Imagine his surprise when his favorite title company informed him there was no legally established “right of access to and from the land.” The cowboy was sure the title company folks were crazy! Everyone knew there was a nice road to the ranch and it had been there forever. But, being a wise old cowboy, he decided to ask the seller about the road. The seller told him there was “an easement.” The seller and the cowboy decided they would inspect the easement, so they jumped in the pickup and drove to a gate where a nicely maintained road began. The road ran for several miles right to the little piece of Wyoming heaven. The seller said, “Now this here easement means that you can ease on through the neighbor’s pastures, ease on down his road, ease on through his gates and you can ease on into the ranch.”

Have you ever had a customer tell you a story like this? People believe that the existence of a road indicates the existence of a legally established right of access. This is simply not true.

In Wyoming, there may be thousands of miles of roads which are not legally established; insuring access should be approached with caution. The majority of title insurance claims in Wyoming have an access issue associated with them.

Access falls into two categories, public and private. Each type has its own characteristics, and a thorough understanding of the nuances is required. The subject of access is complicated and the purpose of this article is to touch on some of the basics.

Public rights of access fall into several categories. County roads are the first and provide the least restrictive rights of access. Except for safety reasons imposed by the county, no one can restrict the right of passage over a county road. Establishment of county roads is dependent on the county properly following statutory procedures.

The

AMD: 03/2016

Pronghorn Press~ A WYOMING AGENCY NEWSLETTER ~

2016 | EDITION 1

“Driveways for Livestock” are also provided for under the statutes; the county commissioners can establish them “…for the purposes of providing driveways for livestock…” to a width not to exceed 500 feet. Did you know that?

City streets are established by cities through statutory procedures too. The right of passage over city streets is more restrictive than county roads, but still relatively unrestricted.

The right of access over state highways is more restrictive than county/city roads, as the right to enter or exit a state highway is controlled by the rules and regulations of the Wyoming Department of Transportation.

Interstate highways are federally funded state highways and are the most restricted roads in Wyoming. Entering and exiting interstate highways is highly regulated.

Public roads and streets can also be created through the platting process.

Other types of public access are roads over Bureau of Land Management (BLM), Forest Service and State lands. Insuring access over these types of roads requires strong underwriting skills, as the rules and regulations associated with them are numerous and complex.

Roads across federal lands are public roads only in the same sense as the post office or the courthouse are public buildings. The use of these roads is only permitted by the government and this permission can be revoked at any time.

Roads across State lands are another matter. In a pamphlet published by the State of Wyoming, it is stated, “State of Wyoming lands are not public lands in the same sense as the federal lands managed by the federal land management agencies. Almost all of the 3.8 million acres of Wyoming’s state-owned land are trust lands granted to the state on its admission to the Union. These trust lands are managed to produce income for the support of the state’s schools and public institutions. The lands must be legally accessed and public users must comply with the regulations of the Wyoming Board of Land Commissioners. The Board may close specific state land roads and areas to public use on a permanent, temporary or seasonal basis.”

If you’re faced with these situations, please contact the First American Title Underwriting Department, as special requirements and exceptions will be necessary.

Private rights of access are appurtenant easements (AE) and easements in gross. An appurtenant easement is defined in Black’s Law Dictionary as, “an incorporeal right

which is attached to and belongs with some greater and superior right or something annexed to another thing more worthy and which passes as incident to it and is incapable of existence separate and apart from the particular land to which it is annexed.” Incorporeal right means “having no material body or form. It is a right that has no physical existence.” What? Essentially, appurtenant easements belong to land and not to a person. They are automatically transferred when the title to land is transferred.

The Wyoming Supreme Court defined the five essential qualities of an appurtenant easement.

1. The easement is incorporeal or not of a material nature. 2. The easement is imposed upon corporeal property

and not its owner. 3. The easement confers no rights to participate in the

profits arising from the property. 4. The easement is imposed for the benefit of

corporeal property. 5. There must be two distinct estates, the dominant,

the one to which the right belongs, and the servient estate, the one upon which the obligation is imposed. (Belle Fourche Pipeline Co. v. State of Wyoming 766 P2nd 537)

When examining and insuring an AE, you should keep these five qualities in mind. AEs are what title companies want to insure and they are favored in law.

Easements in gross do not go with land, but belong to people. It is a personal interest to use another person’s land. Easements in gross do not automatically transfer with title to land. Here’s a fancy definition*: “Easement in Gross: It has been said that there is no such thing as an easement in gross. However it has been recognized that certain rights are impressed upon the land of one person in favor of another person and not in favor of a tract of land. These rights are easements in gross. An easement in gross is a personal interest to use the land of another person. It is vested in the person to whom it is granted. Example: The right to maintain a telegraph line across land. The right to maintain a sign on a lot.” Easements in gross can be problematic to insure as they may not be assignable, transferred or inherited. Exceptions to coverage may be necessary and as a general rule they are not favored in law.

Another way to gain access to land is through the use of a License. Like an easement in gross, a License is personal. What distinguishes a License is the ability of the grantor to terminate the permitted use at the grantors discretion.

Private access across railroads is generally accomplished through the use of a License. We can discuss access across railroads in a future edition of the newsletter.

* 25 Am Jur 2d Easements and Licenses

INSURING ACCESS IN WYOMING CONT.

Page 2First American Title | The Pronghorn Press | 2016 - Edition 1

FIRPTA Foreign Investment In Real Property Tax Act

What are the withholding requirements when a seller is not a U.S. Citizen or U.S. Resident?

DOES THE BUYER HAVE DEFINITE PLANS TO USE THE PROPERTY AS THEIR RESIDENCE*?

NO YES

Buyer is required by law to withhold 15% of the purchase price.

NOTE: If the seller believes they may be eligible for an IRS Withholding Certificate, they should contact a CPA or tax attorney regarding application form 8288-B in order to obtain a determination from the IRS whether a lesser amount is due.

*The buyer or a member of their family must have definite plans to reside at the property for at least 50% of the number of days the property is used by any person during each of the first two 12-month periods following the date of transfer. When counting the number of days the property is used, do not count the days the property will be vacant.

What is the sales price?

$300,000 or less

More than $300,000, but not more than

$1 Million

More than $1 Million

Complete buyer’s declaration for

$300,000 residence

exemption form.

Buyer is required by law to withhold

15% of the purchase price.

Buyer is required by law to withhold

10% of the purchase price.

First American Title Insurance Company and its affiliates expressly disclaim any representations or warranties that the guidance provided herein will satisfy any statutory or regulatory obligations, or will guarantee or otherwise ensure compliance with any applicable laws or regulations, including but not limited to FIRPTA, or other federal or state statutes or regulations. [Agent] is solely responsible for ensuring that any services provided are in accordance with applicable law. It is [agents’] responsibility to review changes in laws, regulations and accounting practices that affect you and your business.

The information contained in this document was prepared by First American Title Insurance Company (“FATICO”) for informational purposes only and does not constitute legal advice. FATICO is not a law firm and this information is not intended to be legal advice. Readers should not act upon this without seeking advice from professional advisers.

Page 3First American Title | The Pronghorn Press | 2016 - Edition 1

Pag

e 1

Projected Payments

Loan Terms

CLOSING DISCLOSURE PAGE 1 OF 5 • LOAN ID # 0000000000

Payment Calculation

Principal & Interest

Mortgage Insurance

Estimated EscrowAmount can increase over time

Estimated Total Monthly Payment

Estimated Taxes, Insurance & AssessmentsAmount can increase over timeSee page 4 for details See Escrow Account on page 4 for details. You must pay for other property

costs separately.

This estimate includes In escrow? Property Taxes Homeowner’s Insurance Other:

Can this amount increase after closing?

Loan Amount

Interest Rate

Monthly Principal & InterestSee Projected Payments below for your Estimated Total Monthly Payment

Does the loan have these features?

Prepayment Penalty

Balloon Payment

Closing Costs Includes $5,877.00 in Loan Costs + $7,642.43 in Other Costs – $0 in Lender Credits. See page 2 for details.

Cash to Close Includes Closing Costs. See Calculating Cash to Close on page 3 for details.

Costs at Closing

Transaction InformationBorrower Seller Lender

Loan InformationLoan Term Purpose Product Loan Type Conventional FHA

VA _____________Loan ID # MIC #

Closing InformationDate Issued Closing Date Disbursement Date Settlement Agent File # Property Sale Price

This form is a statement of final loan terms and closing costs. Compare this document with your Loan Estimate.Closing Disclosure

Seller Name and AddressSettlement Agent Name & File Number

©2015 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE: FAF

www.firstam.com

First American Title Insurance Company makes no express or implied warranty respecting the information presented and assumes no responsibility for errors or omissions. First American, the eagle logo, First American Title, and firstam.com are registered trademarks or trademarks of First American Financial Corporation and/or its affiliates.

Information is for training purposes only and is not and may not be construed as legal advice. No third party entity may rely upon anything contained herein when making legal and/or other determinations regarding its practices, and such third party should consult with an attorney prior to embarking upon any specific course of action.

AMD: 09/2015

Settlement Agent Provided Information for a

Purchase Transaction

We understand that your home is possibly the largest

financial investment you will make, but the investment

is not just financial. Buying a home is also an investment in the future for you and your family. That is why we offer the First American

Eagle Owner’s Policy of Title Insurance. This Owner’s

Policy provides more than safeguards for the title to

your property—it provides you with peace of mind.

The First American Eagle Owner’s Policy provides

expanded title coverage for owners of one-to-four

family residences, including condominiums. Coverages

included in the Eagle Owner’s Policy offer the

highest levels of protection available to homeowners.

Eagle Owner’s Policy Coverage Subject to the conditions in the policy, covered matters include:

5 Post-Policy Forgery

5 Post-Policy Encroachments by Neighbors

5 Post-Policy Adverse Possession

5 Post-Policy Easement by Prescription

5 Building Permit and Zoning Violations

5 Vehicular and Pedestrian Access

5 Encroachment of Improvements Onto

Easements and Set-Backs

5 Subdivision Violation

5 Restrictive Covenant Violations

5 Structural Damage caused by Mineral

Extraction or Easement Use by Others

5 Encroachment of Boundary Walls and Fences

First American Eagle Owner’s Policy vs. Standard ALTA Policy

PROVIDING PEACE OF MIND

Available coverages may vary by jurisdiction, endorsement selection and exceptions in policy. As with any insurance contract, the insuring provisions express the coverage afforded by the title insurance policy and there are exceptions, exclusions and conditions to coverage that limit or narrow the coverage afforded by the policy. Also, some coverage may not be available in a particular area or transaction due to legal, regulatory, or underwriting considerations. Please contact a First American representative for further information. The services described above are typical basic services. The services provided to you may be different due to the specifics of your transaction or the location of the real property involved.

AN INDEPENDENT POLICY-ISSUING AGENT OF FIRST AMERICAN TITLE INSURANCE COMPANY

©2015 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE: FAF

First American Title Insurance Company makes no express or implied warranty respecting the information presented and assumes no responsibility for errors or omissions. First American, the eagle logo, First American Title, and firstam.com are registered trademarks or trademarks of First American Financial Corporation and/or its affiliates.

AMD: 11/2015

Bob SmithAccount Executive123 Main StreetAnytown, ST 01234O: 555.555.5555 | F: 333.333.3333C: 444.444.4444 | [email protected]

ABC Title Company

FIRPTA Foreign Investment In Real Property Tax Act

What are the withholding requirements when a seller is not a U.S. Citizen or U.S. Resident?

DOES THE BUYER HAVE DEFINITE PLANS TO USE THE PROPERTY AS THEIR RESIDENCE*?

NO YES

Buyer is required by law to withhold 15% of the purchase price.

NOTE: If the seller believes they may be eligible for an IRS Withholding Certificate, they should contact a CPA or tax attorney regarding application form 8288-B in order to obtain a determination from the IRS whether a lesser amount is due.

*The buyer or a member of their family must have definite plans to reside at the property for at least 50% of the number of days the property is used by any person during each of the first two 12-month periods following the date of transfer. When counting the number of days the property is used, do not count the days the property will be vacant.

What is the sales price?

$300,000 or less

More than $300,000, but not more than

$1 Million

More than $1 Million

Complete buyer’s declaration for

$300,000 residence

exemption form.

Buyer is required by law to withhold

15% of the purchase price.

Buyer is required by law to withhold

10% of the purchase price.

First American Title Insurance Company and its affiliates expressly disclaim any representations or warranties that the guid-ance provided herein will satisfy any statutory or regulatory obligations, or will guarantee or otherwise ensure compliance with any applicable laws or regulations, including but not limited to FIRPTA, or other federal or state statutes or regulations. [Agent] is solely responsible for ensuring that any services provided are in accordance with applicable law. It is [agents’] responsibility to review changes in laws, regulations and accounting practices that affect you and your business.

The information contained in this document was prepared by First American Title Insurance Company (“FATICO”) for infor-mational purposes only and does not constitute legal advice. FATICO is not a law firm and this information is not intended to be legal advice. Readers should not act upon this without seeking advice from professional advisers.

First American Title Insurance Company makes no express or implied warranty respecting the information presented and assumes no responsibility for errors or omissions. First American, the eagle logo, First American Title, and firstam.com are registered trademarks or trademarks of First American Financial Corporation and/or its affiliates. AN INDEPENDENT POLICY-ISSUING AGENT OF FIRST AMERICAN TITLE INSURANCE COMPANY

©2016 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE: FAFAMD: 02/2016

Bob SmithAccount Executive123 Main StreetAnytown, ST 01234O: 555.555.5555 | F: 333.333.3333C: 444.444.4444 | [email protected]

ABC Title Company

Why should I buy instead of rent?A home is an investment. When you rent, you write your monthly check and that money is gone forever. When you own your home, you can deduct the cost of your mortgage loan interest from your federal income taxes and usually from your state taxes. You can also deduct the property taxes you pay as a homeowner. In addition, the value of your home may go up over the years, building equity for you.

How do I know if I am ready to buy a home?You can find out by asking yourself a few questions:

N Do I have a steady source of income? Have I been employed on a regular basis for the last 2-3 years? Is my current income reliable?

N Do I have a good record of paying my bills? Do I have few outstanding long-term debts, like car payments?

N Do I have money saved for a down payment? Do I have the ability to pay a mortgage every month, plus additional costs?

If you can answer “yes” to these questions, you are probably ready to buy your own home.

What is title insurance and why do I need it?An Owner’s Policy of title insurance protects the buyer against loss for title threats undiscovered at the time of closing and

provides a defense in the event of claims against the title pursuant to the terms of the policy.

How much money will I need upfront to buy a home?In general, you need enough money to cover three expenses: the earnest money (variable), down payment, and closing costs.

In addition to the mortgage payment, what other costs do I need to consider?Utilities, property taxes, homeowners insurance, and maintenance costs are a few of the expenses to be considered. Additionally, there may be homeowner association or condo association dues.

How are pre-qualifying and pre-approval different?Pre-qualification is an informal way to see how much you may be able to borrow. A pre-approval is the lender’s commitment to lend to you.

Should I use a real estate agent? How do I find a good one? A good real estate professional can guide you through the entire process and make the experience much easier. All of the details involved in home buying, particularly the financial ones, can be mind-boggling. Start by asking your family and friends if they can recommend an agent. Look for an agent who listens well and understands your needs. The ideal agent knows the local area well and has resources and contacts to help you in your search.

FIRST-TIME

FAQsHOMEBUYER

Buying a home for the first time can be overwhelming. Our knowledgeable professionals can answer your title and closing questions and we are committed to making the home-buying experience a satisfying one for you. To help you begin your journey, here are some answers to a few of the questions that first-time homebuyers may ask as they begin their quest to purchase their slice of the American dream.

AN INDEPENDENT POLICY-ISSUING AGENT OF FIRST AMERICAN TITLE INSURANCE COMPANY

©2015 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE: FAFAMD: 11/2014

Source: HUD.gov, Common Questions from First-time Homebuyers: www.portal.hud.gov/hudportal/HUD?src=/topics/common_questionsFirst American Title Insurance Company makes no express or implied warranty respecting the information presented and assumes no responsibility for errors or omissions. First American, the eagle logo, First American Title, and firstam.com are registered trademarks or trademarks of First American Financial Corporation and/or its affiliates.

The more knowledgeable you are about the home-buying process, the better prepared you are to make an informed decision. Once you have found the home of your dreams, contact our office so we can provide the protection you need and the service you deserve.

Bob SmithAccount Executive123 Main StreetAnytown, ST 01234O: 555.555.5555 | F: 333.333.3333C: 444.444.4444 | [email protected]

ABC Title Company “I’m already paying for title insurance.” This charge is for a lender’s policy of title insurance, which protects your lender. This coverage is almost always required, but does not offer protection for your investment. Only an Owner’s Policy helps protect your interests. In fact, your bank’s loan policy only covers the amount of the mortgage and only lasts until that debt is settled. An Owner’s Policy offers you protection for as long as you or your heirs have an interest in the property.

“This is a brand new home.” There are several title issues that could exist even with newly constructed homes. While the structure might be new, the property on which it sits is not, and there could be title issues that exist with the land. Not to mention that mechanics’ liens could exist resulting from unpaid construction debts. Other potential issues include legal rights of access, easements, restrictions, covenants, HOA liens or other issues that may affect your ownership and enjoyment of the property.

“This is a foreclosure.” If you’re buying a foreclosure, the only attorney to review the property’s back title and validity of the foreclosure is the attorney who performed the bank’s foreclosure work. There could still be clouds on the title or outstanding liens or debts that may surface after the transaction is complete.

“The sellers have lived there for decades.” The amount of time the sellers owned the property does not translate to a worry-free transaction. There could still be unsettled issues that affect the property title, including problems stemming from life estates, home equity lines, refinances, divorce settlements, unpaid taxes, assessments and municipal utility bills.

“I’m only buying land.”There can be many title issues affecting vacant land. These include unclear property boundaries, unrecorded deeds or the discovery of prior interests due to omissions in wills and estate planning, divorce settlements and real estate taxation.

OVERCOMING Owner’s Policy Objections

When TRID requirements go into effect, lenders will begin issuing a new Closing Disclosure to homebuyers. This new form will list the Owner’s Policy of title insurance as an “optional” purchase. While owner’s title insurance has never been required, this “optional” language could spur questions regarding the value of title insurance. Below are some of the more common “objections” to the purchase of an Owner’s Policy.

AN INDEPENDENT POLICY-ISSUING AGENT OF FIRST AMERICAN TITLE INSURANCE COMPANY

©2015 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE: FAF

First American Title Insurance Company makes no express or implied warranty respecting the information presented and assumes no responsibility for errors or omissions. First American, the eagle logo, First American Title, and firstam.com are registered trademarks or trademarks of First American Financial Corporation and/or its affiliates.

AMD: 09/2015

Bob SmithAccount Executive123 Main StreetAnytown, ST 01234O: 555.555.5555 | F: 333.333.3333C: 444.444.4444 | [email protected]

ABC Title Company

HOME COMPARISON

c h a r t

AN INDEPENDENT POLICY-ISSUING AGENT OF FIRST AMERICAN TITLE INSURANCE COMPANY

©2015 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE: FAF

First American Title Insurance Company makes no express or implied warranty respecting the information presented and assumes no responsibility for errors or omissions. First American, the eagle logo, First American Title, and firstam.com are registered trademarks or trademarks of First American Financial Corporation and/or its affiliates.

AMD: 10/2014

HOME 1 HOME 2 HOME 3 HOME 4 HOME 5

ADDRESS

ASKING PRICE

NO. BEDROOMS/BATHS / / / / /SQUARE FOOTAGE

FIRST IMPRESSION

LOCATION

NEIGHBORHOOD

APPEALING STYLE

LIVING ROOM

DINING ROOM

GREAT ROOM

KITCHEN

FAMILY ROOM

BATHROOM

MASTER BEDROOM

MASTER BATH

BEDROOMS

FLOOR PLAN

PATIO

POOL

LANDSCAPING

GARAGE OR CARPORT

SOMETHING MEMORABLE

DOES THIS FEEL LIKE HOME?

Bob SmithAccount Executive123 Main StreetAnytown, ST 01234O: 555.555.5555 | F: 333.333.3333C: 444.444.4444 | [email protected]

ABC Title Company

BEDROOMEXCITINGFIREPLACEFRIENDSFURNITUREGARAGEHOMEHOUSEKITCHENLIVINGMOVINGNEWOCEANVIEWPACKINGPLAYROOMPORCHRAINBOWROOMSCHOOLSTAIRCASESWINGWINDOWS

M E W W C G S D N F C G H F Q U G K B P

O G T Q R N J C U U N S G N I W S C A R

O A D H Q I M R H I E V W B R M U C Q U

R R T G O T N N V O Q M Y O Y I K I R P

F A D A L I W I S E O N O I D I Q Y X D

I G G B T C L D F B R L C H N N D K W H

R P B U X X B E D R O O M G I E I N F O

E B R F H E C E H D Z Z C Q Z Q N W M O

P E R M F L M A S D O K A I U L Z O O A

L A L S A R D G A A H Z Q F X U O V D S

A T X H O P I P W F C Y U V X R H H W P

C V Y O O E O E Y A E R M Q Y P O N T N

E K Y A G Z H A N J D K I A K E U R E P

S G P I V N B L K D E I L A I C S F O U

O W E I V N A E C O S P W N T S E R D C

M O V I N G H O L G Y E K M C S C K Y J

H G U A A G P I X L N V K Q H H N B S A

X K I R O S T G L P T P T C E K L A A P

F U K P E I C A O M X W O B N I A R X I

F Q C Z Z P X O J J C Z J P V T N J F N

MyNew Home

AN INDEPENDENT POLICY-ISSUING AGENT OF FIRST AMERICAN TITLE INSURANCE COMPANY

©2015 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE: FAF

First American, the eagle logo, First American Title, and firstam.com are registered trademarks or trademarks of First American Financial Corporation and/or its affiliates.

AMD: 12/2014

Homeowner’s have many options to consider when determining the

best possible protection to keep their homes safe and secure for their families.

Many homeowners choose to install smoke alarms, deadbolt locks, and home security systems as

important lines of defense to ensure their peace of mind. An Owner’s Policy of Title Insurance is

also an option homeowners choose to provide an added layer of security and protection.

Your home may be new to you, but every property has a history. There may be hidden

issues in the chain of title which could affect your ownership, such as:

• Errors in Public Records

• Unknown Liens

• Illegal Deeds

• Missing heirs

• Forgeries

• Undiscovered Encumbrances

• Unknown Easements

• Boundary/Survey Disputes

• Undiscovered Will

• False Impersonation of Previous Owner

An Owner’s Policy of Title Insurance protects your investment for as long as you or your heirs have an

interest in the property. Additionally, the title insurance company will, at its own expense, defend the title and

will pay losses within the coverage of the policy if they occur. Unlike other insurance models, where premiums

are paid on an ongoing basis, title insurance is a one-time premium paid at the closing of your transaction.

Securing peace of mind is easy when you take a smart approach. We encourage you to thoroughly research your

options, reduce your risks and make informed decisions about the products and services offering the best protection.

The peace of mind you’ll have from knowing your home and family is protected is well worth the investment.

AN INDEPENDENT POLICY-ISSUING AGENT OF FIRST AMERICAN TITLE INSURANCE COMPANY

©2015 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE: FAF

First American Title Insurance Company makes no express or implied warranty respecting the information presented and assumes no responsibility for errors or omissions. First American, the eagle logo, First American Title, and firstam.com are registered trademarks or trademarks of First American Financial Corporation and/or its affiliates.

AMD: 12/2015

Bob SmithAccount Executive123 Main StreetAnytown, ST 01234O: 555.555.5555 | F: 333.333.3333C: 444.444.4444 | [email protected]

ABC Title Company

REAL ESTATE AGENT

Quick Reference Guide

CLOSING DISCLOSURE FORMS• The new Closing Disclosure (CD) form will be

used for most real estate transactions closed with a mortgage. It replaces the HUD-1 Settlement Statement and final Truth-in-Lending Disclosure.

• In most cases the lender, not the settlement agent, will prepare and deliver the buyer CD.

• The settlement agent is not permitted to send a copy of the CD to the real estate agent, but you may request a copy from the buyer.

• The CD must be delivered to the buyer/borrower at least three business days prior to the scheduled consummation date. Business days are

defined as all calendar days except Sundays and Federal holidays specified in 5 U.S.C. 6103(a).

• Changes to the CD after delivery to the buyer which require a new three business-day waiting period include: APR changes beyond allowable limits, loan product changes, or a pre-payment penalty is added.

• The settlement agent, not the lender, is responsible for completing and delivering the seller’s side of the CD. Settlement agents may elect to prepare a separate CD for the seller.

CONTRACT CONSIDERATIONS• Allow at least 45 days for a normal contract-to-

consummation time-frame.• Communicate with lender to confirm borrower’s

rate lock is long enough to meet contract obligations.

• Allow multiple days between concurrent closings.• Schedule inspections early so reports and

invoices can be delivered to settlement agent at least two weeks before anticipated consummation date.

INFORMATION AND INVOICES• In order to close on-time, the settlement agent will need the following information a minimum of 10 days

prior to consummation: » Seller/Buyer/Borrower name and address » Real estate broker(s) name, address

and license ID

» Real estate agent name, address, license ID, email address and phone number

» Buyer/Seller credits• Invoices should be submitted a minimum of 14 days prior to consummation and include written

instructions indicating the payer and payee.* » Inspections

(Pest, Roof, Home, AC/HT, Septic, Pool, etc.) » Home Warranty » Survey » Hazard Insurance

» Real Estate Commissions » HOA Fees and Proration » Attorney Fees » Repairs » Seller Payoffs with Breakdown

$

* This may not be a complete list for every transaction, and some of these items may not apply to all transactions.

CFPB Know Before

You Owe

AN INDEPENDENT POLICY-ISSUING AGENT OF FIRST AMERICAN TITLE INSURANCE COMPANY

©2015 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE: FAF

* Not be a complete list for every transaction and some of these items may not apply.

First American Title Insurance Company makes no express or implied warranty respecting the information presented and assumes no responsibility for errors or omissions. First American, the eagle logo, First American Title, and firstam.com are registered trademarks or trademarks of First American Financial Corporation and/or its affiliates.

AMD: 10/2015

Bob SmithAccount Executive123 Main StreetAnytown, ST 01234O: 555.555.5555 | F: 333.333.3333C: 444.444.4444 | [email protected]

ABC Title Company

IF REQUIRED BY THE LENDER, AND

IF NOT REQUIRED BY THE LENDER, (EVEN IF PAID TO AN AFFILIATE OF THE LENDER)• Section H – LE• Section H – CD

ZEROTOLERANCE

Paid to a third party NOT required to be used by the lender; the lender provides a written list; AND

ZEROTOLERANCE

10% AGGREGATE10% AGGREGATETOLERANCETOLERANCE10% AGGREGATETOLERANCE

UNLIMITEDTOLERANCEUNLIMITEDTOLERANCE

Paid to the lender or mortgage broker• Section A – LE• Section A – CD

Paid to a third party (or an affiliate of lender or mortgage broker) required to be used by the lender• Section B – LE• Section B – CD

The consumer does not select a provider so the lender chooses

• Section C – LE• Section B – CD

The consumer selects a provider from the lender’s list

• Section C – LE• Section B – CD

The consumer selects a provider NOT on the lender’s list

• Section C – LE• Section C – CD

ROAD MAP TOTRID RULE VARIATIONS/TOLERANCES

VARIATIONS/TOLERANCES SUMMARY Borrower was not allowed to shop = 0% Borrower was allowed to shop but didn't = 10% Borrower was allowed to shop and did = Unlimited

Transfer Taxes• Section E – LE• Section E – CD

Lender Credits• Section J – LE• Section J and Paid by

Others column – CD

Recording Fees• Section E – LE• Section E – CD

Prepaid Interest

Property Insurance Premiums

Amounts placed into an escrow, impound, reserve,

or similar account• Section F – LE • Section F – CD

AN INDEPENDENT POLICY-ISSUING AGENT OF FIRST AMERICAN TITLE INSURANCE COMPANY

©2015 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE: FAF

First American Title Insurance Company makes no express or implied warranty respecting the information presented and assumes no responsibility for errors or omissions. First American, the eagle logo, First American Title, and firstam.com are registered trademarks or trademarks of First American Financial Corporation and/or its affiliates.

AMD: 05/2015

Bob SmithAccount Executive123 Main StreetAnytown, ST 01234O: 555.555.5555 | F: 333.333.3333C: 444.444.4444 | [email protected]

ABC Title Company

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FIRST AMERICAN TITLE | WYOMING AGENCY TEAM

Bill BoylesState Underwriter - Wyoming

D: 307.577.9821 | C: 307.871.2638 [email protected]

120 North Center Street Casper, WY 82601

Amie VossVP, Colorado and Wyoming

Agency State ManagerD: 303.305.3358 | C: 303.304.4397

[email protected] 44 Cook Street, Suite 350

Denver, CO 80206

Robert “Bob” Rice, Esq.VP, Regional Underwriting CounselD: 208.321.5180 | C: 208.841.3082

[email protected] 3540 East Longwing Lane, Suite 250

Meridian, ID 83646

Page 4First American Title | The Pronghorn Press | 2016 - Edition 1