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Category: Legal
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Experience:  Licensed attorney helping individuals and businesses
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Are title insurance companies required to provide title

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Are title insurance companies required to provide title information to members of the general public upon request?
JA: What state is this in? It matters because laws vary by location.
Customer: CA
JA: What steps have been taken so far?
Customer: none
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Greetings and thank you for your question. I am in the process of reviewing it and will respond back right away! After I reply you are welcome to reply back and ask me a follow up which I will gladly answer. *****Quick site feature reminder: If you get an automatic phone call offer and you pick that feature a different phone based legal expert will call you. you can decline it and stick with me if you prefer *****
Do you mean for free or for a price?
Customer: replied 7 days ago.
For free. Not a title policy, just basic info which is usually referred to as a Property Profile. It will copies of the latest grant deed, copies of any open trust deeds and other misc info.
Customer: replied 7 days ago.
I seem to recall that part of the agreement with the insurance dept, and in order to receive permission to operate in California as a title insurance company, title insurers had to give to the public the basic property info upon request. The title companies, of course, didn't disclose that but nevertheless, they have, I think that duty. Trying to pin that down.
Title companies will often do it for free but not always. Title searches can require a charge. It is private after all.I am sorry to be bearer of bad news. Sometimes I have to deliver bad news where the law is not favorable. I hope you appreciate that and not hold it against me. I owe it to you to answer truthfully even if the news is not good news.If my reply is acceptable please reply “yes” or “acceptable” - that’s how I get credit by the site. Remember that if you have a follow up, just reply back and ask me - I am happy to answer!
Customer: replied 7 days ago.
No worries about telling me the truth or telling me something I don't want to hear. Thanks for your concern but you can forget about all of that with me. My question is, do they have any kind of legal obligation to provide basic property info? I know they sometimes do it for members of the general public. I'm a real estate broker and have had access to that info for around 4 decade. But i want to know, what, if any, legal obligation they have to supply that info.
There is no obligation. Records can be obtained from county clerk and land records. Title company privately owned must do so if hired and paid to do so.Please take a moment to rate me by clicking on the 5 stars (*****) or just reply back “5 stars” - that’s the only way I get credit by the site. You can also leave a tip & pick me as your favorite if you wish - which makes it easier to request me in the future!
Customer: replied 7 days ago.
I was told by a title rep years ago that title companies were required by the Calif Insurance Commissioner to provide that info as a condition of their being allowed to sell title insurance in Calif.
Customer: replied 7 days ago.
Similar to cable TV companies being required, as a condition to being allowed to operate in Calif, to give free public access to a TV show production studio with two cameras and editing equipment. I know that one because I produced a TV show years ago and it was all at no cost to me because of Charter Cable's legal obligation to provide that to the public.
Like I said most will do it to get future business on transfers. Not mandatory though.Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as experts are not employees of the site and do not get any credit for spending time with customers unless they leave positive feedback. Thank you.
Awaiting your reply, thanks. We are normally rated per reply, so would appreciate if you could let me know, much appreciated.
Customer: replied 6 days ago.
After some more research, including a two discussions with the Dept of Insurance, it appears that you are correct, the title company will provide a property profile "at their discretion".

Thanks for your help there. 5 stars

Now, have a new question. I want to run for a position on a condo homeowners association board of directors. I was convicted of a felony in 1987. White collar case. The current board knows this and is telling me because of my conviction from 32 years ago, that I'm not able to run and, if elected, I can not serve as a board member. To support their position, they are citing CA Corp Code 12360-12364 and 7221(a).

To me, it appears the conviction mentioned in section 12361, refers to a conviction while serving on a corp board, not an old conviction. What do you think?
I agree with your analysis. Please take a moment to rate me by clicking on the 5 stars (*****) or just reply back “5 stars” - that’s the only way I get credit by the site. You can also leave a tip & pick me as your favorite if you wish - which makes it easier to request me in the future!
INFOLAWYER and 7 other Legal Specialists are ready to help you
Customer: replied 6 days ago.
5 stars
Customer: replied 6 days ago.
Do we have some case law to support the position that 12361 refers to convictions while serving as a board member and not a 32 year old conviction?
Legal research of this kind can r done for free using google scholar which can be limited to jurisdiction.

You also have the option of leaving a bonus or tip. Much appreciated!

If you have another question, please open a new ticket and request me in the subject line by writing “for infolawyer only”. Thanks
Customer: replied 6 days ago.
How do I leave a tip?
Prompt on rating. Don’t forget to select me as your favorite if you haven’t yet. You also have the option of leaving a bonus or tip. Much appreciated!
Customer: replied 6 days ago.
I just sent you a tip. Did you see it? Speaking of tips, nice tip about google scholar. First I've heard about it. Thank you.

very welcome