§ 126.1. General.
Title insurance companies and agents of title insurance companies, issuing mortgagees title insurance upon a loan made simultaneously with the purchase of all or a part of the real estate securing the loans, where no owners title insurance policy has been ordered; shall, prior to the disbursement of the loan funds or the issuance of the mortgagees title policy, cause the mortgagor to be advised in writing of the fact that a mortgagees title insurance policy is to be issued, of the fact that the policy does not afford title insurance protection to the owner-mortagor, and of the owner-mortgagors right to obtain title insurance in his own favor; and if the mortgagor elects not to purchase owners title insurance, the title insurance company shall obtain from the mortgagor a statement in writing that the mortgagor has received the notice and that the mortgagor waives the right to purchase owners title insurance. The form of the written notice and waiver shall be as follows:
Pursuant to the requirement of the Pennsylvania Insurance Department, notice is hereby given that a mortgagees title insurance policy is to be issued to your mortgage lender and that such policy does not afford title insurance protection to you in the event of a defect in the title to the real estate which you are acquiring (including but not limited to unpaid bills for labor and material, forgeries, missing heirs, unpaid taxes, etc.). You are hereby advised of your right and opportunity to obtain an owners title insurance policy in your favor for the amount of your purchase price (or the amount of your purchase price, plus the cost of any improvements which you anticipate making).
The said requirement directs that you sign the statement below if you do not wish to purchase this protection.Name of company issuing policy by title
This is to certify that the foregoing notice of right to purchase owners title insurance policy for the protection of the undersigned purchaser has been received and the undersigned purchaser hereby waives such right. It is understood and agreed that (name of company) shall have no responsibility to the undersigned purchaser for the status of the title to the real estate being acquired or for any loss by reason of a complete or partial failure of title.Signature of mortgagor/purchaser
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