Here's a breakdown of title insurance record retention requirements in Pennsylvania, along with relevant sources:
Title Examination Abstracts or Reports: Title insurance companies must keep these on file for at least 20 years after the policy is issued. The company can use alternative formats like microfilm or digital copies in place of the originals. (Source:1921 Act 284)
Real Estate Title Matters: The Pennsylvania Appellate Court mandates permanent retention of all records involving real estate title. (Source: Pennsylvania Appellate Court Records Retention Schedule)
Mortgage Loan Business Records:
Licensees must keep these records separate from other business documents.
First and second mortgage loan records must be easily distinguishable.
The Pennsylvania Department of Insurance can examine these records for four years, with the possibility of a longer period at their discretion. (Source: NOTICES - Pennsylvania Insurance Department - Refer to Title 7 of PA General Assembly)
Additional Retention Requirements:
Retention Forms: Permanent retention is required for all retention forms. (Source: 204 Pa. Code Subchapter B. Records Retention)
Producer Licensing Records: These must be kept for seven years after termination. (Source: NOTICES - Pennsylvania Insurance Department)
Property Records: Retention is required for seven years after the company no longer has an interest in the property. (Source: NOTICES - Pennsylvania Insurance Department)
Rate Filings: Retention is required for seven years after being replaced by the latest filing. (Source: NOTICES - Pennsylvania Insurance Department)
Reinsurance Transactions: Retention is required for seven years after the contract is no longer in effect. (Source: NOTICES - Pennsylvania Insurance Department)
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Cheryl
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The Wicked Title Forum is a crowd-sourced resource. To help us keep our information current and correct, please comment below with any corrections or updates and we will update the article accordingly.
All sample forms should be carefully reviewed for federal & state regulatory and underwriter compliance.
The information provided here (including, but not limited to instructions, steps, or forms) is for general guidance and educational purposes only. I am not an attorney and am not giving legal advice. Information should not be considered legal, underwriting, or financial advice and is followed at your own risk. Readers should consult with their attorney and/or underwriter to obtain advice tailored to their specific circumstances.