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 the
following purposes:
(1) To provide supplemental funding for department operations
that are related to title insurance, including any of the
following:
(A) The investigation of any matter concerning title
insurance transactions in Indiana, to the extent necessary to
determine compliance with this title.
(B) Appropriate administrative and civil actions to redress
instances of noncompliance with this title.
(C) Cooperative efforts with federal, state, and local law
enforcement agencies in investigating the following:
(i) Deceptive acts in connection with title insurance
transactions.
(ii) Criminal violations involving deceptive acts in
connection with title insurance transactions.
(iii) Violations of the Real Estate Settlement Procedures
Act (12 U.S.C. 2601 et seq.) and any other federal laws or
regulations concerning title insurance transactions. To the
extent authorized by federal law, the department may
enforce compliance with the federal statutes or regulations
described in this item or refer suspected violations of the
statutes or regulations to the appropriate federal regulatory
agencies.
(D) Actions to enjoin violations of 12 U.S.C. 2607, as
permitted 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 of
enforcement of title insurance law.
(3) To provide funding for educational materials or services
designed to provide information to consumers about residential
title 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 administered
by the commissioner. The expenses of administering the title
insurance 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 fund
not 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 not
revert 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 the
department 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 insurance
enforcement fund:
(1) Policy reporting fees remitted by title insurers to the
commissioner under section 7 of this chapter.
(2) Other amounts remitted to the commissioner or the
department that are required by law to be deposited into the title
insurance 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 shall
pay to the title insurer that issues the title insurance policy a fee of
five dollars ($5) as a fee for the title insurance enforcement fund at
the 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 collected
under subsection (a) for deposit in the title insurance
enforcement fund. As added by P.L.171-2006, SEC.5.
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 the
following purposes:
(1) To provide supplemental funding for department operations
that are related to title insurance, including any of the
following:
(A) The investigation of any matter concerning title
insurance transactions in Indiana, to the extent necessary to
determine compliance with this title.
(B) Appropriate administrative and civil actions to redress
instances of noncompliance with this title.
(C) Cooperative efforts with federal, state, and local law
enforcement agencies in investigating the following:
(i) Deceptive acts in connection with title insurance
transactions.
(ii) Criminal violations involving deceptive acts in
connection with title insurance transactions.
(iii) Violations of the Real Estate Settlement Procedures
Act (12 U.S.C. 2601 et seq.) and any other federal laws or
regulations concerning title insurance transactions. To the
extent authorized by federal law, the department may
enforce compliance with the federal statutes or regulations
described in this item or refer suspected violations of the
statutes or regulations to the appropriate federal regulatory
agencies.
(D) Actions to enjoin violations of 12 U.S.C. 2607, as
permitted 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 of
enforcement of title insurance law.
(3) To provide funding for educational materials or services
designed to provide information to consumers about residential
title 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 administered
by the commissioner. The expenses of administering the title
insurance 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 fund
not 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 not
revert 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 the
department 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 insurance
enforcement fund:
(1) Policy reporting fees remitted by title insurers to the
commissioner under section 7 of this chapter.
(2) Other amounts remitted to the commissioner or the
department that are required by law to be deposited into the title
insurance 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 shall
pay to the title insurer that issues the title insurance policy a fee of
five dollars ($5) as a fee for the title insurance enforcement fund at
the 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 collected
under subsection (a) for deposit in the title insurance
enforcement fund. As added by P.L.171-2006, SEC.5.
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 the
following purposes:
(1) To provide supplemental funding for department operations
that are related to title insurance, including any of the
following:
(A) The investigation of any matter concerning title
insurance transactions in Indiana, to the extent necessary to
determine compliance with this title.
(B) Appropriate administrative and civil actions to redress
instances of noncompliance with this title.
(C) Cooperative efforts with federal, state, and local law
enforcement agencies in investigating the following:
(i) Deceptive acts in connection with title insurance
transactions.
(ii) Criminal violations involving deceptive acts in
connection with title insurance transactions.
(iii) Violations of the Real Estate Settlement Procedures
Act (12 U.S.C. 2601 et seq.) and any other federal laws or
regulations concerning title insurance transactions. To the
extent authorized by federal law, the department may
enforce compliance with the federal statutes or regulations
described in this item or refer suspected violations of the
statutes or regulations to the appropriate federal regulatory
agencies.
(D) Actions to enjoin violations of 12 U.S.C. 2607, as
permitted 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 of
enforcement of title insurance law.
(3) To provide funding for educational materials or services
designed to provide information to consumers about residential
title 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 administered
by the commissioner. The expenses of administering the title
insurance 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 fund
not 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 not
revert 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 the
department 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 insurance
enforcement fund:
(1) Policy reporting fees remitted by title insurers to the
commissioner under section 7 of this chapter.
(2) Other amounts remitted to the commissioner or the
department that are required by law to be deposited into the title
insurance 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 shall
pay to the title insurer that issues the title insurance policy a fee of
five dollars ($5) as a fee for the title insurance enforcement fund at
the 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 collected
under subsection (a) for deposit in the title insurance
enforcement fund. As added by P.L.171-2006, SEC.5.
