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Insolvent Title Agencies in Receivership

The following title agencies have been placed in receivership for liquidation and found to be insolvent:

  1. Webb County Title & Abstract Co. (“WCTA”) – placed in liquidation on January 11, 2008
  2. Guardian Fidelity Title Company, Ltd., Guardian Fidelity Title CLR, LLP, Guardian Fidelity Title NWR, LLP, Guardian Fidelity Title KTB, Ltd., Guardian Fidelity Title SB Ltd., and Guardian Fidelity Title DFT, Ltd. – placed in Liquidation on July 11, 2008
  3. Esquire Title, LLC – placed in liquidation on July 22, 2008
  4. Southern Star Title Company, LLC – placed in liquidation on January 8, 2009
  5. Mi Tierra Title, LLC – placed in Liquidation on February 25, 2009
  6. National Charity Title, Inc. – placed in liquidation on March 4, 2009
  7. Ameritrust Title Company – placed in liquidation on March 20, 2009
  8. Texas Nations Title Agency, Inc. – placed in liquidation on July 16, 2009 (You can also view the Texas Nations Title Agency Resource Page for more information.)

The Commissioner of Insurance has been named the liquidator of the insolvent agencies. For the larger cases, the Commissioner has appointed a Special Deputy Receiver (SDR) to administer the insolvent agent. If an SDR is appointed, that SDR is in charge of that particular case and can be contacted with any questions.

Permanent injunction and automatic stay
The entry of the Agreed Order of Liquidation and Permanent Injunction triggered an automatic stay under Chapter 443 of the Texas Insurance Code. The stay protects any party who expected the benefit of funds that were held in escrow at Esquire Title, and it prohibits collection efforts, accrual of fines and penalties, and any other similar activities against the protected parties. This protection extends, for example, to situations where mortgage payoff funds were not properly transferred, where escrow money was not released, and where escrow funds were not used to pay additional charges such as taxes or insurance premium. The primary parties that are protected by the stay in this case are the buyers and sellers of real property.

The Commissioner has designated the agencies as impaired agents
The Commissioner has issued orders designating the agencies as impaired agents under Chapter 2602 of the Texas Insurance Code. The designation as an impaired agent, combined with the Travis County District Court’s finding of insolvency, triggered coverage by the Texas Title Insurance Guaranty Association (TTIGA) for each of the agencies.

When a title agent is designated as impaired and TTIGA is triggered, claims for escrow funds held by the impaired entity are processed and paid by TTIGA subject to statutory limitations. TTIGA sends notice to all affected parties with instructions for filing the necessary documentation to secure the release of escrow funds. Notices and the forms for filing a claim are also posted on TTIGA’s website at www.ttiga.org. TTIGA may be contacted by at 512-474-1587 or by email at contact@ttiga.org

Contact Information

Parties with questions about escrow funds owed by an agent may contact TTIGA

512-474-1587
www.ttiga.org

For all other questions, the contact information for each agency is as follows:

Webb County Title & Abstract Co., contact the SDR at
Cantilo & Bennett, L.L.P.
11401 Century Oaks Terrace, Suite 300
Austin, Texas 78758
512-478-6000
512-404-6550 (fax)

Guardian Fidelity Title Company, Ltd., et al, contact the SDR at
Cantilo & Bennett, L.L.P.
11401 Century Oaks Terrace, Suite 300
Austin, Texas 78758
512-478-6000
512-404-6550 (fax)

Esquire Title, LLC, et al, contact the SDR at
Cantilo & Bennett, L.L.P.
11401 Century Oaks Terrace, Suite 300
Austin, Texas 78758
512-478-6000
512-404-6550 (fax)

Southern Star Title Company, LLC, contact the SDR at
Jennifer Ramsey, PC
700 Lavaca Street, Suite 604
Austin, Texas 78701
512-610-1616
512-610-1617 (fax)
http://sstitleco-receivership.com/

Mi Tierra, contact Victoria Ortega at
Texas Department of Insurance
512-322-4352
512-322-5020 (fax)

Ameritrust Title, contact the SDR at
Cantilo & Bennett, L.L.P.
11401 Century Oaks Terrace, Suite 300
Austin, Texas 78758
512-478-6000
512-404-6550 (fax)

National Charity Title, contact Rachel Giani at
Texas Department of Insurance
512-305-7194
512-475-1843 (fax)

Texas Nations Title, contact the SDR at
DKJ Group, Inc
Darwin Johnson
P.O. Box 2385
Allen, Texas 75013

1-877-464-6186 or
214-624-5264
214-624-5299 (fax)
info@tntreceiver.com
www.tntreceiver.com/

Frequently Asked Questions

Q. One of the agencies owes money to me, or an escrow creditor, and the debt should have been paid with escrow funds. When will that money be returned to me or paid to the appropriate party?
A. In order to obtain funds owed from escrow, a claimant must file a proof of claim with TTIGA. At this time the Liquidator cannot provide a specific date on which claimants who have filed a claim with TTIGA will have their escrow funds on closed and pending transactions. Claimants with questions about the release of escrow funds should contact TTIGA at 512-474-1587 or by email at
contact@ttiga.org

Q. I am a realtor/builder/lender and a number of my clients placed earnest money with the agent.
A. We suggest that you contact those individuals to make sure they have received notice of the situation. Your assistance in helping your clients is greatly appreciated.

Q. I am a non-escrow creditor of one of the insolvent agents. Is there anything I need to do in order to protect my right to recover from the agent?
A. General creditors who have a claim against a title agent will need to file a claim in accordance with the claims filing process set out in the Texas Insurance Code. Please contact the appropriate person for each agent (listed above) for case-specific information.

Helpful Consumer Publications

File an Insurance Complaint

Read about TDI's consumer complaints process in the Helping You With Your Insurance Complaint publication. You may also e-mail, mail, or fax your complaint along with copies of your supporting documents to

Texas Department of Insurance
Consumer Protection Program (MC 111-1A)
P.O. Box 149091
Austin, TX 78714-9091
Fax: 512-475-1771
E-mail:
ConsumerProtection@tdi.texas.gov

Prevent Insurance Fraud

Insurance Fraud Toll-Free Hotline - 1-888-327-8818

Online Fraud Reporting

Secure Transmission, Fast, Comprehensive, Easy Data Entry

Online Fraud Reporting for Insurance Companies
Online Fraud Reporting for Consumers

For More Information or Assistance

For answers to general insurance questions or for information on filing an insurance-related complaint, call the Consumer Help Line between 8 a.m. and 5 p.m., Central time, Monday-Friday, or visit our website

1-800-252-3439
463-6515 in Austin
www.tdi.texas.gov


For more information contact:



Last updated: 01/29/2014



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