Ark. Code Ann. § 23-103-413 (2020)

1. 1. When a title insurance report includes an offer to issue an owner's title insurance policy covering the resale of owner-occupied residential property, the title insurance report shall be furnished to the purchaser or mortgagor or to the representative of the purchaser-mortgagor as soon as reasonably possible before closing.
   2. The title insurance report furnished to the purchaser-mortgagor shall incorporate the following statement on the first page in bold type:
2. 1. When an owner's title insurance policy has not been requested, a title insurer or a title insurance agency issuing a title insurance policy to a lender in conjunction with a mortgage loan involving real property made simultaneously with the purchase of all or part of the real property securing the loan shall give written notice on a form prescribed or approved by the Insurance Commissioner to the purchaser-mortgagor at the closing.
   2. The notice required by subdivision (b)(1) of this section shall explain:
      1. That a title insurance policy for the lender involving real property is issued for the protection of the mortgage lender and that the policy does not provide title insurance protection to the purchaser-mortgagor as the owner of the real property being purchased;
      2. The coverage that a title insurance policy relating to real property insures and that risks exist for the purchaser-mortgagor of real property that could be insured through the purchase of an owner's title policy involving real property; and
      3. That the purchaser-mortgagor may obtain an owner's title insurance policy at a specified premium.
   3. A copy of the notice signed by the purchaser-mortgagor shall be retained in the closing file for at least five (5) years after the effective date of the lender's title insurance policy.

“Please read the exceptions and the terms shown or referred to herein carefully. The exceptions are meant to provide you with notice of matters that are not covered under the terms of the title insurance policy and should be carefully considered.

This report is a written representation as to the condition of title for purposes of providing title insurance and lists all liens, defects, and encumbrances filed of record within the last thirty (30) years that have not been released of record or that are not statutorily expired.

No title insurance agent or any other person other than a licensed Arkansas attorney may provide legal advice concerning the status of title to the property described in the title commitment.”

History. Acts 2007, No. 684, § 6; 2009, No. 1190, § 10.

Amendments. The 2009 amendment, in the second paragraph of the statement under (a)(2), deleted “affecting title to the land that are” following “encumbrances,” and inserted “within the last thirty (30) years that have not been released of record or that are not statutorily expired”; and in (b), substituted “agency” for “agent” in (b)(1) and made minor stylistic and punctuation changes.