N.M. Code R. § 13.14.18.9 - ALTERATION OF FORMS PROHIBITED; EXCEPTIONS; AND LETTERS OF INTERPRETATION OR WAIVER THAT CHANGE THE TERMS, PROHIBITED
A. No person,
firm or organization may alter or otherwise change any title insurance form
promulgated by the superintendent, or use any non-promulgated endorsement,
whether by deletion or omission of terms, except:
(1) upon a determination by the
superintendent following a hearing pursuant to 13.1.5 or 13.1.6 NMAC, as
applicable, that the same be proper; or
(2) in a manner specifically authorized by
these regulations.
B.
Factual information required to identify and describe the risk being undertaken
may be inserted in an authorized form. This includes, but is not limited to,
information necessary to identify the insured, the insured's estate or interest
of record, the property description, all matters of record affecting the
insured's interest which are exceptions to the policy, all matters, facts and
circumstances, whether or not shown by the public records, constituting a lien,
claim, encumbrance, impairment or limitation upon the estate to be insured,
whether arising by operation of law or by reason of no recorded information
establishing the insured matters, the amount of liability of the policy and, in
case of a commitment, any matter constituting a requirement prior to issuance
of a policy, may be inserted in the proper places in the various forms,
provided that other information necessary to complete each form is inserted in
the form prior to its issuance.
C.
Additions to language in the promulgated form, if required to correctly
identify and describe the risk being undertaken may be inserted in an
authorized form. Any such modification must be approved by:
(1) Legal counsel for the insured;
or
(2) An authorized representative
of the insured in a transaction that does not involve one to four family
residential property.
D.
Nothing in this rule shall prevent a title insurer from:
(1) adding blanks, spaces, labels or brief
instructions to the promulgated forms; or
(2) from typesetting a promulgated form
utilizing type styles, margins or paginations different from the promulgated
forms; provided, however, that all language contained in each promulgated form
must appear verbatim in each form, and further provided that nothing may be
added to a promulgated title insurance form which changes any of the terms of
such form except as specifically provided by these rules.
E. Nothing in these rules prohibits use of
translated language other than English, provided, however, that any translated
form shall contain the following language in bold-face type on the first page
of the form in English and in the translated language: "This translation is
provided as a convenience only. The English language version of this form shall
control and shall be the operative document for all legal purposes."
F. The following language shall be added at
the top of schedule A of all commitments and policies in a font not less than
the font size of the remaining print of schedule A and be in bold italicized
print "Pursuant to the New Mexico title insurance law Section
59A-30-4 NMSA 1978, and title
insurance rule
13.14.18.9 NMAC, no part of any
title insurance commitment, policy or endorsement form promulgated by the New
Mexico superintendent of insurance may be added to, altered, inserted in or
typed upon, deleted or otherwise changed from the title insurance form
promulgated by the New Mexico superintendent of insurance, nor issued by a
person or company not licensed with regard to the business of title insurance
by the New Mexico superintendent of insurance, nor issued by a person or
company who does not own, operate or control an approved title abstract plant
as defined by New Mexico law and regulations for the county wherein the
property is located, except as authorized by law."
G. No title insurer or title insurance agency
shall issue, publish or circulate a letter, memorandum or other writing which
directly or indirectly modifies or waives the terms or any part of the terms of
any promulgated form, nor shall any such person agree to directly or indirectly
do or not do anything, the effect of which is or would be to offer insurance
coverages other than those in the promulgated title insurance forms, whether
the same be more, less, substitute, alternative, negative or affirmative
coverages or risks, except as specifically authorized by these rules.
Notes
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