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ID S1321
Bill
AI Summary
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Requires title insurance companies and agents to disclose in title commitments any recorded request for notice of transfer or encumbrance when the named individual is the record owner of the property.
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Mandates that individuals receiving medical assistance subject to recovery must notify the Department of Health and Welfare within 10 days if they transfer or encumber real property after a notice request has been recorded.
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Authorizes the Department of Health and Welfare to file a request for notice of transfer or encumbrance in county records when an individual receives medical assistance subject to recovery and holds record title to real property or is a purchaser under a land sale contract.
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Specifies that the request for notice does not constitute a lien, encumbrance, or affect title to property, and provides that title insurance companies have no liability to the department for failing to discover or disclose the notice.
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Requires the Department of Health and Welfare to adopt rules establishing prior notice and hearing rights for record titleholders and to create standardized forms for the request for notice and its termination.
Legislative Description
Adds to existing law relating to public assistance to provide requirements regarding a request for notice of transfer or encumbrance; to provide for a request for notice of transfer or encumbrance of real property and to provide for rulemaking.
PUBLIC ASSISTANCE
Last Action
Governor signed Session Law Chapter 90 Effective: 07/01/10
3/25/2010