2005 Arizona Revised Statutes - Revised Statutes §20-1564  Investments

A. A domestic title insurer shall invest and maintain invested funds to the amount of minimum paid-in capital required under this title only in cash and the securities described in subsection B, paragraph 1 of this section and sections 20-537, 20-538 and 20-551.

B. A domestic title insurer may invest its capital, surplus and accumulations in excess of the amount of minimum paid-in capital required under this title in the investments made eligible for funds of domestic insurers by sections 20-537 through 20-541, sections 20-543 through 20-548 and sections 20-551, 20-554 and 20-555 and in addition in the following investments:

1. Real estate loans. Ground rents and bonds, notes or other evidences of indebtedness, secured by first mortgages or trust deeds on unencumbered and improved real property located in any state, district or territory of the United States, and in investments in the equity of the seller under contracts covering the entire balance due on bona fide sales of the real property, provided, however, that a loan guaranteed or insured in full by the administrator of veterans' affairs pursuant to the federal servicemen's readjustment act of 1944, as amended, may be subject to a prior encumbrance. Real property shall not be considered to be encumbered within the meaning of this subsection by reason of the existence of instruments reserving mineral, oil, water or timber rights, rights-of-way, sewer rights, rights in walls or driveways, by reason of liens inferior to the lien securing the loan of the insurer, or liens for taxes or assessments not yet delinquent, or by reason of building restrictions or other restrictive covenants or by reason of any lease under which rents or profits are reserved to the owner, if, in any event, the security for the loan is a first lien on the real property, and if there is no condition or right of re-entry or forfeiture under which the lien can be cut off, subordinated or otherwise disturbed. Real property shall be deemed to be improved if such real property is a lot or portion of a subdivision or development that has been improved by off-site improvements for the general benefit of all or a portion of the subdivision or development. No mortgage or trust deed, loan or investment in a seller's equity under a contract made or acquired by the insurer on any one property shall at the date of investment exceed seventy-five per cent of the value of the real property securing the loan, or subject to the contract, provided, however, that the limitation in respect to value shall not apply to a loan which is:

(a) Insured by, or for which a commitment to insure has been made by, the federal housing administrator or commissioner pursuant to the federal national housing act, as amended;

(b) Guaranteed by the administrator of veterans' affairs pursuant to the federal servicemen's readjustment act of 1944, as amended, except that if only a portion of a loan is so guaranteed, the limitation shall apply to the portion that is not guaranteed;

(c) Insured by the administrator of veterans' affairs pursuant to the federal servicemen's readjustment act of 1944, as amended.

2. Federal housing administrators debentures. Debentures issued by the federal housing administrator or commissioner in settlement of claims pursuant to the federal national housing act, as amended.

3. National mortgage association securities. Securities of national mortgage associations or similar national mortgage credit institutions organized under the federal national housing act, as amended.

4. Federal land bank and related securities. Bonds, debentures and other obligations of federal land banks or federal intermediate credit banks issued pursuant to the federal farm loan act, as amended, or of banks for cooperatives issued pursuant to the farm credit act of 1933, as amended.

5. Loans on leaseholds. Loans on leasehold estates on improved, unencumbered real estate located in any state, district or territory of the United States, provided that no loan shall exceed seventy-five per cent of the value of the leasehold at the date of investment, and provided further that every loan shall provide for amortization by repayments of principal at least once in each year in amounts sufficient to repay the loan within a period of four-fifths of the unexpired term of the leasehold, but within a period of not more than thirty-five years.

6. Federal savings and loan insurance corporation obligations. Bonds, notes or obligations issued, assumed or guaranteed by the federal savings and loan insurance corporation, under the federal national housing act, as amended.

7. Federal home loan bank obligations. Bonds, notes or obligations issued, assumed or guaranteed by the federal home loan bank, or issued, assumed or guaranteed by the federal home loan bank board under the federal home loan bank act, as amended.

C. Section 20-536, subsections B and C do not apply to domestic title insurers.

D. Any title insurer that is organized under the laws of this state may purchase, receive, hold and convey real estate or an interest in real estate:

1. Required for its convenient accommodation in the transaction of its business with reasonable regard to future needs.

2. Acquired in connection with a claim under a policy of title insurance.

3. Acquired in satisfaction or on account of loans, mortgages, liens, judgments or decrees, previously owing to it in the course of its business.

4. Acquired in part payment of the consideration of the sale of real property owned by it if the transaction shall result in a net reduction in the company's investment in real estate.

5. Reasonably necessary for the purpose of maintaining or enhancing the sale value of real property previously acquired or held by it under paragraph 1, 2, 3 or 4 of this subsection.

E. A title insurer shall not continue to hold any real estate acquired by it under paragraph 2, 3 or 4 of subsection D for more than five years from the date of acquisition, unless it shall obtain the written approval of the director to hold the real estate for a longer period of time.

F. A title insurer may invest in a title insurance plant, and that plant shall be considered an asset at the actual cost of the plant. The aggregate admitted value of the investment shall not exceed the amount allowed pursuant to the accounting practices and procedures manual adopted by the national association of insurance commissioners. In determining the admitted value of a title insurance plant, no value shall be attributed to furniture and fixtures, and the real estate in which the title plant is housed shall be carried as real estate. The value of title abstracts, title briefs, copies of conveyances or other documents, indices and other records comprising the title insurance plant shall be determined by considering the expenses incurred in obtaining them. Once the title insurance plant is operational its value may be increased only by the acquisition of another title insurance plant by purchase, consolidation or merger. In no event shall the value of the title insurance plant be increased by additions made as part of the normal course of abstracting and insuring titles to real estate. Subject to the limitations prescribed in this subsection, a title insurer may enter into agreements with one or more other title insurers authorized to do business in this state, or with one or more title insurance agents, to participate in the ownership, management and control of a title insurance plant to service the needs of all parties, or in lieu of that common ownership the parties may invest in the stock of a corporation owning and operating a title plant for the same purposes. Subject to the limitations with respect to value set forth in this subsection, any joint investment in existence on the effective date of this section may be continued indefinitely.

G. Funds equal to the unearned premium reserve of a title insurer may be held in cash or invested, but the funds shall be invested only in those classes of investments authorized by sections 20-537 through 20-541, sections 20-543, 20-544 and 20-545 and subsection B, paragraphs 4, 6 and 7 of this section, except that not more than one-fourth of the reserve may be invested in preferred or guaranteed stocks or shares.

H. Nothing in this section applies to any investments made by a title insurer when acting as a trustee.