17:24-8.Ā  Additional investment permitted title insurance companies
Any insurance company of this state, engaged in the business of insuring title to real estate, may also invest its capital or surplus, or both, in shares or parts of mortgages and any mortgage participation certificates which entitle the holder to a proportionate share in a mortgage or number of mortgages or extensions or renewals thereof, which are a first lien on improvedĀ  real estate in this state, and the amount of which mortgages shall not at theĀ  time of the making of the loan exceed sixty per cent of the estimated worth ofĀ  the real estate covered by the respective mortgages at a rate of interest notĀ  less than three per cent nor greater than six per cent per annum.Ā  No share orĀ  part of the mortgages so held shall be subordinated to any prior interestĀ  therein.Ā  Mortgages in parts of which any of the capital or surplus, or both,Ā  may be invested, together with any guarantees of payment, insurance policies,Ā  and other instruments and evidences of title relating thereto, shall be heldĀ  for the benefit of the insurance company and of any other persons interested inĀ  the mortgages by a bank, trust company or title guaranty corporation organizedĀ  under the laws of this state, or jointly by such a corporation and anĀ  individual who is a citizen and bona fide resident of this state.Ā  AĀ  certificate stating that the corporation, or the corporation and the individualĀ  jointly, as the case may be, holds the instruments for the benefit of theĀ  insurance company and of any other persons who may be interested in theĀ  mortgage, among whom the corporation or the individual jointly holding theĀ  instruments may be included, shall be executed by the corporation and deliveredĀ  to each person who becomes interested in the mortgage.Ā  Every corporation, orĀ  corporation and individual jointly, issuing any such certificate, shall keep aĀ  record in proper books of account of all certificates issued.

Any investments made by any such title insurance company, prior to March twenty-sixth, one thousand nine hundred and twenty-eight, shall be considered as legal assets forming part of the capital and surplus of the insurance company.
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