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Table of Contents
-
List of Forms by Chapter - Chapter 1 - An Overview of Title Insurance and the Title Insurance Industry
- I. [1.1] Introduction
-
II. [1.2] Historical Background - III. [1.10] The Nature of Title Insurance
- [1.11] Forms of Title Insurance Policies
- [1.12] Owner’s Policy
- [1.13] Lender’s Policy
- [1.14] Seller’s Policy
- [1.15] Construction Loan Policy
- [1.16] Leasehold Policy
- [1.17] Contract Purchaser’s Policy
- [1.18] Hidden Risks
- [1.19] Fraud, Forgery, or Duress in the Execution of Instruments
- [1.20] False Impersonation
- [1.21] Conditional Conveyance
- [1.22] Voidable Instruments
- [1.23] Undisclosed Parties in Interest
- [1.24] Lack of Delivery
- [1.25] Errors in the Public Records
- Contrasts and Comparisons with Other Types of Insurance
- [1.26] When the Insurance Premium Is Paid
- [1.27] The Amount of Coverage
- [1.28] The Effective Date
- [1.29] What the Policy Term Is
- [1.30] Whether Coverage Is Provided over Existing or Future Risks
- [1.31] Insurable Title Insurance Risks and How They Are Dealt With
- [1.32] Boundary Line Concerns
- [1.33] Excessive Reliance on the Title Commitment
- [1.34] Legal Descriptions
- [1.35] Zoning Matters
- [1.36] Access to Private Roads
- [1.37] Gaps and Gores Between Multiple Tracts of Land
- [1.38] Gap Between Examination and Recordation
- [1.39] Summary Comparison of Title Insurance with Casualty Insurance
- IV. [1.40] Title Insurers: Indemnifiers Against Loss or Guarantors of Title?
- V. Types of Interests Insured
- VI. Regulatory Control
- VII. [1.50] Reinsurance
- VIII. [1.51] Coinsurance
- IX. [1.52] Selecting the Title Insurer
- X. Resolving Title Issues
- [1.58] Underwriting Issues That May Arise
- Points To Consider in Resolving Underwriting Issues
- [1.59] Speak Directly with the Decision Maker
- [1.60] Disclose All Facts, Even Adverse Facts, Accurately
- [1.61] Be Conversant with the Applicable Law, But Defer Extensive Research
- [1.62] Consider Creative Alternatives
- [1.63] Argue That Liability Already Exists
- XI. [1.64] Appendix
- Chapter 2 - The Commitment for Title Insurance
- I. [2.1] Introduction
- II. The Insuring Provisions
- III. Conditions and Stipulations
- [2.6] Definition of Terms
- [2.7] Actual Knowledge and Relief from Liability
- [2.8] Limitations on Title Insurer’s Liability
- [2.9] Parties to Whom Held Liable
- [2.10] Kind of Matter Resulting in Liability
- [2.11] Limitation of Dollar Amount
- [2.12] Liability Subject to Exclusions, Conditions, and Stipulations Contained in Form of Policy
- [2.13] Rights of Insured Must Be Based on Commitment
- IV. [2.14] Schedule A
- V. [2.15] Schedule B
- VI. [2.16] Standard Exceptions
- VII. [2.17] Special Exceptions
- VIII. [2.23] Appendix — Sample Form of Commitment for Title Insurance
- Chapter 3 - The ALTA Owner’s Policy
- I. Introduction
- II. [3.3] Cover Page
- [3.4] Type of Policy
- [3.5] Name of Title Insurance Company
- [3.6] Insuring Provisions — Scope of Coverage
- [3.7] Title to Estate or Interest Being Vested Other than as Stated
- [3.8] Any Defect in or Lien or Encumbrance on Title
- [3.9] Unmarketability of Title
- [3.10] Lack of Right of Access to and from Land
- [3.11] Costs, Attorneys’ Fees, and Expenses
- [3.12] Signature of Title Insurance Company
- III. [3.13] Exclusions from Coverage
- [3.14] Loss or Damage by Reason of Application of Applicable Law
- [3.15] Loss or Damage by Reason of Governmental Taking
- [3.16] Loss or Damage by Reason of Other Defects
- [3.17] Defects Agreed to by Insured Claimant
- [3.18] Defects Not Known to Company but Known to Insured Claimant
- [3.19] Defects Resulting in No Loss or Damage to Insured Claimant
- [3.20] Defects Attaching or Created Subsequent to Date of Policy
- [3.21] Defects Resulting from Failure of Insured Claimant To Pay Value
- [3.22] Loss or Damage by Reason of Bankruptcy or Insolvency
- IV. [3.23] Schedule A: Basic Information
- V. [3.29] Schedule B: Standard Exceptions
- [3.30] Rights or Claims of Parties in Possession Not Shown by Public Records
- [3.31] Encroachments, Overlaps, Boundary Line Disputes, and Any Matters That Would Be Disclosed by Accurate Survey and Inspection of Premises
- [3.32] Easements, or Claims of Easements, Not Shown by Public Records
- [3.33] Any Lien, or Right to Lien, for Services, Labor, or Material Furnished Imposed by Law and Not Shown by Public Records
- [3.34] Taxes or Special Assessments Not Shown by Public Records
- VI. [3.35] Schedule B: Special Exceptions
- VII. [3.36] Conditions and Stipulations
- Definition of Terms
- [3.37] Insured
- [3.38] Insured Claimant
- [3.39] Knowledge
- [3.40] Land
- [3.41] Mortgage
- [3.42] Public Records
- [3.43] Unmarketability of the Title
- [3.44] Continuation of Insurance After Conveyance of Title
- [3.45] Notice of Claim To Be Given by Insured Claimant
- Defense and Prosecution of Actions
- [3.46] Duty of Insured Claimant To Cooperate
- [3.47] Right of Insurer To Institute Proceedings To Perfect Title
- [3.48] Right of Insurer To Appeal
- [3.49] Obligation of Insured To Cooperate with Insurer in Litigation
- [3.50] Notice of Loss — Proof of Loss or Damage
- [3.51] Options To Pay or Otherwise Settle Claims
- [3.52] Determination and Extent of Liability
- [3.53] Changes in Value of Insured Estate and Coinsurance
- [3.54] Payment of Costs, Expenses, Attorneys’ Fees
- [3.55] Apportionment
- [3.56] Limitation of Liability
- [3.57] Reduction of Insurance; Reduction or Termination of Liability
- [3.58] Liability Noncumulative
- [3.59] Payment of Loss
- [3.60] Subrogation upon Payment or Settlement
- [3.61] Arbitration
- [3.62] Liability Limited to Policy
- [3.63] Severability
- [3.64] Where To Send Notices
- VIII. [3.65] Appendix — ALTA Title Insurance Policy
- Chapter 4 - The ALTA Standard Loan Policy
- I. [4.1] Introduction
- II. Insuring Provisions
- III. Exclusions from Coverage
- [4.11] Scope of the Exclusions
- [4.12] Exclusions from Coverage in Both Owner’s and Loan Policies
- [4.13] Loss or Damage by Reason of Other Defects
- [4.14] Created, Suffered, or Assumed
- [4.15] Not Known to the Insurer
- [4.16] Resulting in No Loss or Damage
- [4.17] Subsequent to the Date of Policy
- [4.18] Payment of Value
- [4.19] Doing Business Laws
- [4.20] Usury and Consumer Credit
- [4.21] Mechanics Liens Not Financed by the Mortgage
- [4.22] Creditors’ Rights
- IV. Conditions and Stipulations
- [4.23] Introduction
- [4.24] Definition of Terms
- [4.25] Continuation of Insurance After Acquisition of Title
- [4.26] Notice of Claim
- [4.27] Defense; Duty of the Insured
- [4.28] Proof of Loss
- [4.29] Options To Pay or Settle Claims
- [4.30] Determination and Extent of Liability
- [4.31] Limitation of Liability
- [4.32] Reduction of Insurance and Liability
- [4.33] Liability Noncumulative
- [4.34] Payment of Loss
- [4.35] Subrogation
- [4.36] Arbitration
- [4.37] Liability Limited to the Policy
- [4.38] Severability
- [4.39] Notices
- V. [4.40] Schedule A
- VI. [4.41] Schedule B: Standard Exceptions
- VII. [4.42] Schedule B: Special Exceptions
- VIII. [4.43] Schedule B: Subordinate Matters
- IX. [4.44] ALTA Standard Loan Policy
- Chapter 5 - Special Coverage Policy Forms
- I. [5.1] Introduction
- II. [5.2] Leasehold Owner’s Coverage — ALTA Endorsement 13 (Leasehold-Owners)
- [5.3] Form — ALTA Endorsement 13 (Leasehold-Owners)
- [5.4] Affirmative Insuring Provisions
- [5.5] Exclusions from Coverage
- [5.6] Conditions and Stipulations
- [5.7] ALTA Endorsement 13 (Leasehold-Owners) — Definition of Terms: Insuring the Right of Possession
- [5.8] ALTA Endorsement 13 (Leasehold-Owners) — Definition of Terms: Coverage of Leasehold Improvements: Determination and Valuation of Loss
- [5.9] Miscellaneous Items of Loss
- [5.10] Schedule A
- [5.11] Schedule B
- [5.12] Improvements, Subleases, Combinations, and Conversions
- III. [5.13] Leasehold Loan Coverage — ALTA Endorsement 13.1 (Leasehold-Loan)
- [5.14] Form — ALTA Endorsement 13.1 (Leasehold-Loan)
- [5.15] Affirmative Insuring Provisions
- [5.16] Exclusions from Coverage
- [5.17] Conditions and Stipulations
- [5.18] ALTA Endorsement 13.1 (Leasehold-Loan) — Definition of Terms: Insuring the Right of Possession
- [5.19] ALTA Endorsement 13.1 (Leasehold-Loan) — Definition of Terms: Coverage of Leasehold Improvements: Determination and Valuation of Loss
- [5.20] Miscellaneous Items of Loss
- [5.21] Schedule A
- [5.22] Schedule B
- [5.23] Clearance — Leasehold Owner’s and Leasehold Loan Policies
- IV. [5.24] ALTA Construction Loan Policy — 1992
- [5.25] Form — Construction Loan Policy
- [5.26] Mechanics Lien Act
- [5.27] Priority of Mechanics Lien Rights over Construction Mortgages
- [5.28] Secret Lien
- [5.29] Relation Back Doctrine
- [5.30] Enhancement
- [5.31] Participants in the Construction Process
- [5.32] Owners
- [5.33] Contractors (Including General Contractors) and Other §1 Service Providers
- [5.34] Subcontractors and Material Suppliers
- [5.35] Third Parties
- [5.36] Construction Loan Escrow Procedures
- [5.37] Construction Loan Escrows: A Simplified Description
- [5.38] How a Construction Loan Escrow Works: A Simplified Description
- [5.39] Typical Construction Loan Escrow Deposits
- [5.40] Some Preliminary Conclusions
- [5.41] Policy Provisions: What Is Insured and What Is Not Insured
- [5.42] Affirmative Insuring Provisions
- [5.43] Exclusions from Coverage
- [5.44] Summary of Matters Covered and Not Covered by Policy Jacket Provisions
- [5.45] Affirmative Coverages: Phases of the Construction Project (Schedule A, Schedule B, and Endorsements)
- [5.46] Initial Closing or First Draw
- [5.47] Schedule A — Initial Closing or First Draw
- [5.48] Schedule B — Initial Closing or First Draw
- [5.49] Interim mechanics lien coverage — initial closing or first draw
- [5.50] Exception for “rights of mechanics and material suppliers” — initial closing or first draw
- Miscellaneous matters — initial closing or first draw
- [5.51] Deferred endorsements
- [5.52] Date of policy vs. date of sworn statement
- [5.53] Revolving credit mortgages
- [5.54] Variations
- [5.55] Summary of Matters Covered and Not Covered — Initial Closing or First Draw (Omitted or Understated Parties)
- Subsequent Draws — Date Down Endorsements
- [5.56] In General
- [5.57] Form — Date Down Endorsement 10
- The Final Draw — The Final Endorsement
- [5.58] In General
- [5.59] Form — Date Down Endorsement 10B
- [5.60] Conditions and Stipulations
- Conclusion
- [5.61] There’s More Than One Way
- [5.62] Form — Date Down Endorsement 7
- V. [5.63] ALTA Homeowner’s Policy of Title Insurance for a One-to-Four Family Residence
- VI. [5.74] Conclusion
- Chapter 6 - Endorsement Forms
- I. [6.1] Introduction
- II. [6.2] Endorsement 1 (Street Assessments)
- III. [6.3] Endorsement 2 (Truth in Lending)
- IV. Zoning Endorsements
- V. [6.6] Endorsement 4 (Condominium)
- VI. [6.7] Endorsement 5 (Planned Unit Development)
- VII. Variable Rate Mortgage Endorsements
- VIII. [6.10] Endorsement 7 (Manufactured Housing Unit)
- IX. [6.11] Endorsement 8.1 (Environmental Protection Lien)
- X. Restrictions, Encroachments, Minerals Endorsements
- XI. Assignment and Assignment and Date Down Endorsements
- XII. [6.16] Endorsement 11 (Mortgage Modification)
- XIII. [6.17] Endorsement 12 (Aggregation Endorsement)
- XIV. [6.18] Endorsements 13 (Leasehold — Owners) and 13.1 (Leasehold — Loan)
- XV. Future Advance Endorsements
- XVI. Nonimputation Endorsements
- XVII. [6.24] Endorsement 16 (Mezzanine Financing)
- XVIII. [6.25] Endorsements 17 (Access and Entry) and 17.1 (Indirect Access and Entry)
- XIX. Tax Parcel Endorsements
- XX. [6.28] Endorsement 19 (Contiguity — Multiple Parcels)
- XXI. [6.29] Endorsement 20 (First Loss — Multiple Parcel Transaction)
- XXII. [6.30] Endorsement 21 (Creditors’ Rights)
- XXIII. [6.31] Conclusion
- Chapter 7 - Title Insurance Claims and Litigation
- I. Introduction
- II. [7.3] Policy Overview
- III. The Claims Process
- [7.4] Notice of Claim
- [7.5] Notice to Agent Not Notice to Insurer; Prejudice by Late Tender
- [7.6] Notice; No Prejudice by Late Tender
- [7.7] Insurer’s Response to Tender of Claim
- [7.8] Investigation
- Coverage Determination
- [7.9] Overview
- [7.10] Insured Under the Policy
- [7.11] Continuation of Coverage
- [7.12] Exclusions from Coverage for Acts of the Insured
- IV. [7.13] Insurer’s Options Under the Policy
- Claims in Litigation
- Defense Options
- [7.14] Tender of Defense — Claims in Litigation
- [7.15] Payment of Defense Costs in Addition to Loss
- [7.16] Selection of Counsel
- [7.17] Retender to Indemnitor
- [7.18] Insured’s Duty of Cooperation
- [7.19] Determining the Duty To Defend
- [7.20] Defend Covered Counts Only
- Reservation of Rights/Declaratory Judgment Actions
- [7.21] Reservation of Rights in General
- [7.22] In for One, In for All Rule
- [7.23] Conflict of Interests in Reservation of Rights Situations
- [7.24] Declaratory Judgment Actions
- [7.25] Consequences of Wrongful Failure To Defend
- [7.26] Summary
- [7.27] Claims Not in Litigation
- [7.28] Premature Claims
- [7.29] Hold-Harmless
- [7.30] Curing Title
- V. Payment Options
- [7.31] In General
- [7.32] Paying Parties Other Than the Insured
- Payment Options Under the Owner’s Policy
- [7.33] Paying the Policy Amount of Insurance
- [7.34] Paying the Insured Loss or Damage Less Than the Policy Amount
- Payment Options Under the Loan Policy
- [7.35] Option To Purchase Indebtedness
- [7.36] Amount of Insurance
- [7.37] Coverage After Acquisition of Title
- [7.38] Advances After Policy Date
- [7.39] Acquisition by Governmental Agency Under Guaranty
- [7.40] Payments Affecting Coverage Amount
- Miscellaneous Payment Issues
- [7.41] Proof of Loss or Damage
- [7.42] Reduction of Insurance After Payment by Insurer to or on Behalf of Insured
- [7.43] Prejudgment Interest
- [7.44] Proceeds of Loan Policy Assignable
- VI. Policy Damages
- [7.45] Damages Under Title Insurance Commitment
- Damages Under Owner’s Policy
- [7.46] In General
- [7.47] Date from Which Loss Is Measured
- [7.48] When Coinsurance Provision Is Inapplicable
- [7.49] Partial Failure of Title
- [7.50] Total Failure of Title
- [7.51] When Coinsurance Provision Is Applicable
- [7.52] Apportionment
- [7.53] Damages Under Loan Policy
- [7.54] Damages Under Leasehold Coverage
- [7.55] Other Damages
- [7.56] Duty To Search: No Tort Liability
- [7.57] Voluntary Assumption of Other Duties: Contract with Insured
- Breach of Insurer’s Duty To Defend or Indemnify
- [7.58] Settlement by Insured After Insurer Fails To Accept
- [7.59] Bad Faith
- [7.60] Attorneys’ fees and other penalties for vexatious and unreasonable delay
- [7.61] Preemption
- [7.62] Summary
- VII. Actions vs. Third Parties To Reduce Damages to Insured or as Insurer’s Recoupment
- VIII. [7.69] Arbitration
- IX. Summary of Duties and Options Under the Policy
- X. Appendix
- Chapter 8 - UCC Insurance Policies
Authors
- Tiffany D. Booker
Tiffany D. Booker
No bio available.
- V. Gina Giannelli
V. Gina Giannelli
No bio available.
- James F. Karela
James F. Karela
No bio available.
- Douglas M. Karlen
Douglas M. Karlen
No bio available.
- John C. Murray
John C. Murray
No bio available.
- Christine M. Sparks
Christine M. Sparks
No bio available.
- Everett S. Ward
Everett S. Ward
No bio available.
- Susan E. Woods
Susan E. Woods
No bio available.
Attorney's Guide to Title Insurance (The) (ARCHIVED 2005 EDITION)
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