Friday, April 6, 2018

IDFPR Disclosure Rule



 
April 6, 2018
         
New Guidance from IDFPR! 
Disclosure Rule Updated,  Effective May 15, 2018

In a surprise move, the Illinois Department of Professional and Financial Regulation on April 4 implemented a new rule on the Disclosure of Financial Interest form effective May 15, 2018. The crux of IDFPR’s new guidance is:

“The Department of Financial and Professional Regulation, Division of Financial Institutions announces that the Disclosure of Financial Interest form, also known as the DS-1 form, has been revised. This revised disclosure form is effective at 12:01 a.m., April 4, 2018 [now May 15, 2018], and the current form will no longer be used.

“The Title Insurance Act (Act) authorizes the Department to prepare the disclosure form so that a producer of title business (usually the attorneys, real estate brokers or lenders in transactions) discloses their financial interest to any home seller and buyer involved in the closing process. This includes the title insurer, independent escrowee or title agent/agency involved in the closing.” 
 
Note: As of this writing, the Illinois Land Title Association has requested that IDFPR delay implementation of mandatory use of the new form for 90 days. IDFPR has announced a new effective date of May 15, 2018.

Click here to go to the online form, and here for instructions on filling out the form.

What you need to know:

·         Compliance with this guidance is mandatory and effective immediately.
·         You must present the revised disclosure form to your client at the beginning of each transaction process, i.e. before the title commitment is issued.
·         For each transaction, the title insurer (underwriter), “Must review and approve the disclosure, including accurately verifying the percentage the agent will receive for statutorily authorized services that the agent will perform, including an estimate of the fee.”

How can Prairie Title help?

We are here to help you through the new process. Do not hesitate to reach out to your representative with any questions you have and for the assistance you need.

No comments: