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ALTA Form 1 - Assessments: This endorsement is designed for use with
the ALTA Loan Policy to provide the insured lender with protection against
loss sustained by reason of any assessments for street improvements, under
construction or completed at the date of the endorsement, having priority over
the lien of the insured mortgage. |
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ALTA Form 2 - Federal Truth in Lending: It covers a lender for a
loss arising from a judicial determination terminating the lien of an insured
mortgage due to the exercise of a right of rescission granted by the Federal
Truth in Lending Act or Consumer Credit Protection Act. |
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ALTA Form 3 - Zoning Unimproved Land: This endorsement insures
certain zoning matters as they pertain to unimproved property. The endorsement
specifies the zoning classification and the use or uses permitted thereunder.
Issuance of this coverage requires an examination of the applicable zoning
ordinances and amendments thereto to determine the particular zone and
permitted uses of the insured land. |
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ALTA Form 3.1 - Zoning for Improved Property: This endorsement
covers zoning matters for improved property. Like the ALTA Form 3, it
describes the zoning classification and permitted property uses, but
additionally, it insures against loss resulting from a court order prohibiting
the insured use or compelling the removal or alteration of a structure on the
land because of certain specific zoning violations. This endorsement may only
be issued on already improved property when a determination can be made as to
the property's zoning classification, uses permitted thereunder, and zoning
limitations as to building and building site size. |
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ALTA Form 4 - Condominium: The ALTA Form 4 endorsement provides
insurance that the condominium estate is created in accordance with local
laws. In addition, it covers violations of covenants, conditions and
restrictions, as well as certain encroachment matters. This endorsement may
be issued after a review of the laws, the condominium declarations map and
related documents indicates all of the listed assurances can be given. |
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ALTA Form 4.1 - Condominium : The coverage afforded by this
endorsement is essentially the same as the coverage afforded by the ALTA Form
4, F.A. Form 17, and the CLTA Form 115.1; except it provides affirmative
coverage that there are no charges or assessments which are due and unpaid at
Date of Policy. |
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ALTA Form 5 - Planned Unit Development: This endorsement provides
similar coverage to the ALTA Form 4, but for planned unit developments. The
ALTA Form 5 insures against loss or damage due to violations of restrictive
covenants, forfeiture or reversion provisions of restrictive covenants,
assessments gaining priority over an insured mortgage, compelled removal of
improvements due to encroachment and failure of title by reason of a right of
first refusal. |
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ALTA Form 5.1 - Planned Unit Development: The coverage afforded by
this endorsement is essentially the same as the coverage afforded by the ALTA
Form 5, F.A. Form 18, and CLTA Form 115.2; except it provides affirmative
coverage that there are no charges or assessments which are due and unpaid at
Date of Policy. |
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ALTA Form 6 - Variable Rate Mortgages: This endorsement affords
insured lenders with protection against loss by reason of, among other things,
the invalidity, loss of priority or unenforceability of the lien of the
insured mortgage resulting from the provisions therein which provide for
changes in the rate of interest (variable rate, convertible, renegotiable
rate, adjustable rate, or shared appreciation mortgages). |
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ALTA Form 6.1 - Variable Rate Mortgages, Regulations: ALTA lender's
renegotiable rate coverage. It is identical with the CLTA Form 111.6
Endorsement. |
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ALTA Form 6.2 - Variable Rate Mortgage with Negative Amortization:
Coverage for a variable interest rate loan which contains negative
amortization features may be extended with the ALTA Form 6.2 Endorsement.
Disclosure of variable interest and negative amortization provisions in the
recorded instrument is necessary to consider issuance of the ALTA Form 6.2.
Requests to issue this endorsement will usually be accompanied with a request
to issue the policy with a liability for 110 percent or 125 percent of the
loan amount. |
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ALTA Form 7 - Manufactured Housing: To remove doubts as to whether
or not a manufactured housing unit or mobile home on subject property is
included within the policy coverage, the ALTA Form 7 Endorsement is available.
It expands the definition of "land" as used in the policy to include the
manufactured housing unit as real property. Issuance of this endorsement
relies on provisions in state laws allowing the manufactured housing unit to
be converted into real property. If the conversion has been proper and if
such unit is now being taxed as a real property improvement, the endorsement
may be issued. |
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ALTA Form 8.1 - Environmental Protection/Residential: This
endorsement is designed for use with any ALTA loan policy. When the loan is
secured by a deed of trust or mortgage on property used primarily for
residential purposes to provide the insured lender with certain protection
against loss or damage sustained by reason of loss of priority of the lien of
the insured mortgage over any environmental protection liens recorded in the
public records or created pursuant to certain state statutes. This Coverage
is not available for owner's policies |
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ALTA Form 9 - Restrictions, Encroachments & Minerals: This
endorsement is designed as an explicit extension of coverage otherwise
provided to insured lenders by the ALTA Loan Policy. ALTA Form 9 was developed
to meet "off-record" occurrences. The Endorsement extends the lender's
coverage in three general areas: (a) covenants, conditions and restrictions,
(b) encroachments, and (c) rights of others to use the surface of the land for
mineral development. |
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CLTA Form 100 - Restrictions, Encroachments & Minerals: This
endorsement is designed for use with the ALTA lenders' policies which cover
improved property. The unmodified endorsement is not to be furnished when the
insured loan covers raw land or any type of construction loan. The version of
this endorsement designed for an owner is the F.A. Form 31.1. |
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CLTA Form 100.1 - Restrictions, Encroachments & Minerals: This
endorsement is designed for use with CLTA lenders' policies and is identical
with the coverage afforded by CLTA Form 100, except that its language conforms
with the CLTA Standard Coverage Policy instead of the ALTA Lenders Policy.
The considerations, rules and procedures set forth under the CLTA Form 100
above apply also for this endorsement. NOTE:The coverage given by some
sections of this endorsement, not usually available to an insured owner, can
with approval of local management be given to an owner. |
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CLTA Form 100.2 - Restrictions, Encroachments & Minerals: ALTA
Lender's - restrictions, encroachments and mineral coverage. This endorsement
is identical with the F.A. Form 42 and may be issued in accordance with the
procedures set forth herein under F.A. Form 42. |
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CLTA Form 100.4 - CC&Rs, Violations: This endorsement is designed
for use with CLTA or ALTA lenders' policies where there is a present violation
of a particular provision of existing covenants, conditions or restrictions.
It may be given with the approval of local management when the violation is
minor and in other instances where it is very likely that a court would deny
enforcement of restrictions with respect to the violation (e.g., uniform
non-observance of a general plan of restrictions as to the violation in
question by the persons entitled to enforce the restrictions). |
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CLTA Form 100.4 - CC&Rs, Violations: The coverage afforded by this
endorsement is essentially identical with the CLTA Form 100.4, except that it
is designed for use with ALTA or CLTA owners' policies. |
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CLTA Form 100.6 - Violation of CC&Rs: It provides coverage to an
owner against judicial enforcement of covenants, conditions and restrictions.
The coverage extends to present or future violations. Issuance of a CLTA Form
100.6 endorsement is typically predicated on either a uniform noncompliance
with the covenants, conditions and restrictions that clearly indicate a court
would be reluctant to enforce them or previous litigation setting a precedent
for nonenforcement. |
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CLTA Form 100.12 - Reverter: This endorsement is designed for
use with CLTA and ALTA lenders' or owners' policies to assure a lender that
existing covenants, conditions and restrictions do not contain any enforceable
reverter, right of reentry or right or power of termination. To a large
extent, the same coverage is provided by CLTA Form 100 which insures against
loss occasioned by present and future violations of covenants, conditions and
restrictions. However, certain lenders are not satisfied with insurance
against loss caused by reversion, but require specific assurance that, in
fact, there can be no reversion of title. This endorsement may be given with
the approval of local management in the following circumstances: (1) the
restrictions have been imposed in a deed or declarations of restrictions in
the form of covenants only without express provisions for reversion and
without the use of the word "condition" or "conditions" in relation to the
imposition thereof; (2) when the holder of the reversion has expressly waived
his or her power of termination; (3) when the holder of the reversion has by
implication waived his or her power of reversion by permitting uniform
violations throughout the neighborhood; (4) where the only effective
conditions relate to liquor and it appears that the property in question is in
a residential neighborhood and will be used for residential purposes
throughout the life of the loan and (5) where the restrictions contain no
express provisions for enforcing a reversion but there is language alluding to
"conditions" or "reversions"-provided that a specific method of enforcement by
injunction or abatement is affordable to other owners in the tract. |
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CLTA Form 100.29 - Mineral Rights: Protection against damage to
existing improvements resulting from exercise or use of a surface right for
extraction or development of reserved mineral rights is available with a CLTA
Form 100.29. If the surface rights were either expressly waived at the time
the minerals were reserved or subsequently released, CLTA Form 100.29 may be
issued. If rights of surface entry have not been waived, issuance of the
endorsement may be considered depending on the particular case with specific
facts, including the nature and value of the mineral interest, local geology,
local zoning restrictions of mining activity and existing improvements on the
property. |
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CLTA Form 101 - Mechanics Liens: This endorsement is used with CLTA
Loan Policies insuring construction loans in instances where lenders seek
protection against loss if mechanics' liens gain priority over the insured
deed of trust, such priority based on the claim that construction began prior
to the recording of the insured loan. This endorsement is not designed for use
with ALTA policies. |
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CLTA Form 102.4 - Foundations: This endorsement is used with ALTA or
CLTA loan policies where a construction loan previously has been insured and
the lender, prior to making an advance, requires assurance that the
foundations do not encroach upon adjoining lands or violate existing
covenants, conditions and restrictions. Usually following a physical
inspection of the property in question, the endorsement may be issued which
will assure the insured lender that, at the date of the endorsement: (1) the
foundations of the structure under construction on the subject land are within
the boundary lines of said land, and (2) the location of the foundations do
not violate the covenants, conditions and restrictions referred to in Schedule
B. |
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CLTA Form 102.5 - Foundations: CLTA Form 102.5 is identical to CLTA
Form 102.4 except that the insured lender also is assured that the foundations
do not encroach onto any easements referred to in the policy. The endorsement
may be issued provided: (1) a physical inspection and/or ALTA survey
discloses there are no encroachments onto any easements disclosed in Schedule
B of the policy; and (2) the location of the foundations does not violate the
covenants, conditions and restrictions referred to in Schedule B. |
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CLTA Form 103.1 - Easement: This endorsement is designed for use
with ALTA or CLTA lenders' policies. Its coverage is broader than that
afforded by paragraph 3(a) of CLTA Form 100 endorsement, which is limited to
loss resulting from damage to existing improvements located or encroaching
upon the easement. It is usually requested by lenders when an item or items
appearing in the preliminary title report are unlocatable "blanket"
easements. While this endorsement as written is designed to afford protection
to lenders, it may be used in appropriate situations to extend coverage to
owners. |
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CLTA Form 103.7 - Public Street Access: This endorsement provides
affirmative assurances that the named street is in fact a physically open
public street, that the land in question abuts the street and that there is
nothing to prohibit access from the land to the street. |
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CLTA Form 104.1 - Assignment: This endorsement is used with ALTA or
CLTA Loan Policies when the beneficial interest in the insured deed of trust
has been assigned and the assignee requests the limited assurances that the
public records disclose no reconveyance, modification or subordination of the
insured deed of trust. |
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CLTA Form 108.8 - Optional Advances: Frequently, deed of trust forms
are drawn to provide security not only for a specified, current obligation,
but also to secure future advances (i.e., the form contains an "open-end
provision"). In general, the priority of an advance, so secured, against liens
and interest arising between the date of trust deed recording and the date the
advance is made depends on whether or not the advance is obligatory or
optional upon the lender. Where the advance is optional, that priority is
contingent upon the lender's knowledge of intervening rights at the date the
advance is made. |
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CLTA Form 110.5 - Modification of Deed of Trust: This endorsement is
designed for use with ALTA lenders' policies for the purpose of giving
assurances to the lender that the insured mortgage or the obligation secured
thereby has been modified and as modified retains its priority.
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CLTA Form 116 - Address: This endorsement is used with ALTA Loan
Policies when a lender is requiring specific coverage determining the address
of the insured land and the type of improvement located therein. It also
assures the lender that the map attached to the policy shows the current
location and dimensions of the land as disclosed by records imparting
constructive notice. |
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CLTA Form 116.1 - Survey: This endorsement is designed for use with
CLTA and ALTA owners' policies and affords assurance that the land described
in the policy is the same as that delineated on the plat of survey attached
to, and made a part of, the policy. |
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CLTA Form 116.4 - Contiguous Land: This endorsement may be used with
CLTA or ALTA owners' or lenders' policies for contiguous land concerns. The
need for this endorsement arises under differing circumstances. An example of
this would be when a purchaser acquired land adjacent to land already owned by
the purchaser, and it is intended that the two parcels shall be used together.
In this situation, ownership of a strip between the two parcels, by a
stranger, would frustrate the proposed issue. It may be issued when it is
determined that the two parcels in question are actually contiguous. Sometimes
this requires a survey. |
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CLTA Form 122 - Mandatory Advance: This endorsement is designed for
use with ALTA lenders' policies when several advances, all secured by the same
insured mortgage, are contemplated and a separate endorsement is to be issued
as each advance is made. |
 | F.A. Form 23 & 28.2: Both the F.A. Form 23 and the F.A. Form 28.2
are designed to provide coverage to the insured lender against loss sustained
by reason of a loss of priority as to future advances (with certain
exceptions) made pursuant to a note or revolving credit loan agreement secured
by the insured mortgage. Additionally, the F.A. Form 28.2 provides coverage
against loss, caused by invalidity, unenforceability or loss of priority due
to provisions in the loan providing for variable interest rates. Typically,
these revolving credit endorsements may be issued if the loan agreement
clearly creates a revolving line of credit which is disclosed in and secured
by the recorded mortgage and further creates an obligation on the lender to
honor requests for advances so long as the borrower is not in default.
Additionally, issuance of the F.A. Form 28.2 necessitates disclosure of the
variable interest rate provisions. |