The following title agencies have been placed in receivership for liquidation and found to be insolvent:
Webb County Title & Abstract Co. (“WCTA”) – placed in liquidation on January 11, 2008
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
Esquire Title, LLC – placed in liquidation on July 22, 2008
Southern Star Title Company, LLC – placed in liquidation on January 8, 2009
Mi Tierra Title, LLC – placed in Liquidation on February 25, 2009
National Charity Title, Inc. – placed in liquidation on March 4, 2009
Ameritrust Title Company – placed in liquidation on March 20, 2009
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
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) www.webbcountytitlesdr.com/
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) www.guardianfidelitysdr.com/
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) www.esquiretitlesdr.com/
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) http://ameritrusttitlesdr.com/
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
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.
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.state.tx.us
For answers to general insurance questions or for information on filing an insurance-related complaint, call the Consumer Help Linebetween 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.state.tx.us
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