CHAPTER 3.6. TITLE INSURANCE ENFORCEMENT FUND
IC 27-7-3.6
Chapter 3.6. Title Insurance Enforcement Fund
IC 27-7-3.6-1
Title insurance enforcement fund established; uses of fund
Sec. 1. The title insurance enforcement fund is established for thefollowing purposes:
(1) To provide supplemental funding for department operationsthat are related to title insurance, including any of thefollowing:
(A) The investigation of any matter concerning titleinsurance transactions in Indiana, to the extent necessary todetermine compliance with this title.
(B) Appropriate administrative and civil actions to redressinstances of noncompliance with this title.
(C) Cooperative efforts with federal, state, and local lawenforcement agencies in investigating the following:
(i) Deceptive acts in connection with title insurancetransactions.
(ii) Criminal violations involving deceptive acts inconnection with title insurance transactions.
(iii) Violations of the Real Estate Settlement ProceduresAct (12 U.S.C. 2601 et seq.) and any other federal laws orregulations concerning title insurance transactions. To theextent authorized by federal law, the department mayenforce compliance with the federal statutes or regulationsdescribed in this item or refer suspected violations of thestatutes or regulations to the appropriate federal regulatoryagencies.
(D) Actions to enjoin violations of 12 U.S.C. 2607, aspermitted under 12 U.S.C. 2607(d) and 12 U.S.C. 2614.
(2) To pay the costs of hiring and employing staff in the area ofenforcement of title insurance law.
(3) To provide funding for educational materials or servicesdesigned to provide information to consumers about residentialtitle insurance transactions.
As added by P.L.171-2006, SEC.5. Amended by P.L.145-2008,SEC.32.
IC 27-7-3.6-2
Administration of title insurance enforcement fund
Sec. 2. The title insurance enforcement fund shall be administeredby the commissioner. The expenses of administering the titleinsurance enforcement fund shall be paid from money in the fund.
As added by P.L.171-2006, SEC.5.
IC 27-7-3.6-3
Investments
Sec. 3. The treasurer of state shall invest the money in the fundnot currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
As added by P.L.171-2006, SEC.5.
IC 27-7-3.6-4
Reversions to state general fund prohibited
Sec. 4. Money in the fund at the end of a state fiscal year does notrevert to the state general fund.
As added by P.L.171-2006, SEC.5.
IC 27-7-3.6-5
Augmentation authorized
Sec. 5. The budget agency may augment the appropriation for thedepartment of insurance from balances in the fund.
As added by P.L.171-2006, SEC.5.
IC 27-7-3.6-6
Deposits
Sec. 6. The following shall be deposited in the title insuranceenforcement fund:
(1) Policy reporting fees remitted by title insurers to thecommissioner under section 7 of this chapter.
(2) Other amounts remitted to the commissioner or thedepartment that are required by law to be deposited into the titleinsurance enforcement fund.
As added by P.L.171-2006, SEC.5. Amended by P.L.1-2007,SEC.185.
IC 27-7-3.6-7
Fees
Sec. 7. (a) A person that purchases a title insurance policy shallpay to the title insurer that issues the title insurance policy a fee offive dollars ($5) as a fee for the title insurance enforcement fund atthe time of payment for the title insurance policy.
(b) A title insurer shall:
(1) retain two dollars ($2) of the fee collected under subsection(a) as an administrative fee; and
(2) pay to the department three dollars ($3) of the fee collectedunder subsection (a) for deposit in the title insuranceenforcement fund.
As added by P.L.171-2006, SEC.5.