Bulletin: OH2012004

Dear Associates:

The Ohio Title Insurance Rating Bureau has approved the following ALTA forms and rates for use in Ohio, effective December 1, 2012:

ALTA Endorsement 3.2-06 (Zoning – Land Under Development). This endorsement, subject to its terms and conditions, provides the insured under a Loan Policy or an Owner’s Policy with the same coverage as is provided in the OH-3.1 Zoning – Completed Structure endorsement and, in addition, provides coverage for compliance of proposed improvements as shown on site and elevation plans, provided the proposed improvements are built or constructed according to those plans. The rate for this endorsement is twenty-five percent (25%) of the Original Rate and is in addition to the policy premium. If this endorsement is issued simultaneously with Owner’s and Loan Policies covering the same land, the rate for the Owner’s Policy endorsement shall be the original endorsement rate based on the amount of the policy issued and the rate for the Loan Policy endorsement shall be fifty percent (50%) of the original endorsement rate based on the amount of the policy issued. If this endorsement is issued in conjunction with a new policy which new policy qualifies for a policy reissue rate or refinance rate under Rate Rule PR-4, PR-9, or PR-10, and such endorsement was also issued in conjunction with the prior policy, then the rate for this endorsement will also be 70% of the Original Rate for this endorsement. If this endorsement is issued simultaneously with Fee Owner’s and Leasehold Owner’s Policies covering the same land, the Rate for the Fee Owners’ Policy endorsement shall be the Applicable Rate based on the amount of the policy issued and the Rate for the Leasehold Owner’s Policy endorsement shall be fifty percent (50%) of the Applicable Rate based on the amount of the policy issued.

ALTA Endorsement 9-06 (R.E.M. – Loan Policy) – Revised. This endorsement offers the insured under a Loan Policy a variety of additional affirmative coverages including, but not limited to, insurance that there are no covenants, conditions or restrictions under which the lien of the mortgage can be divested, subordinated or extinguished, or its validity, priority or enforceability impaired; insurance against present violations of covenants, conditions or restrictions; and insurance against encroachments and against damage to existing improvements which encroach upon easement areas or damage resulting from the right to use the surface of the land for the extraction of minerals. The rate for this endorsement is ten cents ($0.10) per thousand, or any fraction thereof, of the policy amount with a minimum rate of $150.00. If this endorsement is issued in conjunction with a new policy which new policy qualifies for a policy reissue rate or refinance rate under Rate Rule PR-4, PR-9 or PR-10, and this endorsement was also issued in conjunction with the prior policy, then the rate for this endorsement will also be 70% of the Original Rate for this endorsement. If this endorsement is issued with a Loan Policy that is issued simultaneously with an Owner’s Policy to which is attached an endorsement under Rate Rule ER-9.1, ER-9.2, ER-9.4 or ER-9.5 covering the same land, the rate for the Loan Policy Endorsement shall be fifty (50%) percent of the Original Rate based on the amount of the Loan Policy issued and the rate for the respective Owner’s Policy shall be the Original Rate based on the amount of the Owner’s Policy issued. If the ALTA 9-06, ALTA 9.3-06 or ALTA 9.7-06 is issued in conjunction with the ALTA 9.6 on the same policy, the minimum premium for each endorsement shall be $75.00.

ALTA Endorsement 9.1-06 (Covenants, Conditions and Restrictions – Unimproved Land – Owner Policy) - Revised. This endorsement, subject to its terms and conditions, provides the insured under an Owner’s Policy insuring unimproved land insurance against loss due to a present violation of covenants, conditions or restrictions affecting the Land, unless an exception in Schedule B of the Policy identifies the violation, and insurance that there are no notices recorded in the Public Records of an enforceable covenant relating to environmental protection describing any part of the Land. The rate for this endorsement is eight cents (.08) per thousand dollars of the policy amount, or any fraction thereof. The minimum rate is $150.00. If this endorsement is issued in conjunction with a new policy which new policy qualified for a policy reissue rate under Rate Rule PR-4, and this endorsement was also issued in conjunction with the prior policy, then the rate for this endorsement will also be seventy percent (70%) of the Original Rate for this endorsement. If this endorsement is issued simultaneously with Fee Owner’s and Leasehold Owner’s Policies covering the same Land, the rate for this Endorsement to the Fee Owner’s Policy shall be the Original Rate based on the amount of the policy issued and the rate for this Endorsement to the Leasehold Owner’s Policy shall be fifty percent (50%) of the Original Rate based on the amount of the policy issued.

ALTA Endorsement 9.2-06 (CC&R – Improved Land – Owner Policy) – Revised. This endorsement, subject to its terms and conditions, provides the insured under an Owner’s Policy insuring improved land insurance against loss due to a present violation of covenants, conditions or restrictions affecting the Land, unless an exception in Schedule B of the Policy identifies the violation, and insurance that there are no notices recorded in the Public Records of an enforceable covenant relating to environmental protection describing any part of the Land. The rate for this endorsement is eight cents (.08) per thousand dollars of the policy amount, or any fraction thereof. The minimum rate is $150.00. If this endorsement is issued in conjunction with a new policy which new policy qualified for a policy reissue rate under Rate Rule PR-4, and this endorsement was also issued in conjunction with the prior policy, then the rate for this endorsement will also be seventy percent (70%) of the Original Rate for this endorsement. If this endorsement is issued simultaneously with Fee Owner’s and Leasehold Owner’s Policies covering the same Land, the rate for this Endorsement to the Fee Owner’s Policy shall be the Original Rate based on the amount of the policy issued and the rate for this Endorsement to the Leasehold Owner’s Policy shall be fifty percent (50%) of the Original Rate based on the amount of the policy issued.

ALTA Endorsement 9.3-06 (CC&R – Loan Policy) – Revised. This endorsement, subject to its terms and conditions, insures the insured under a Loan Policy against loss or damage as a result of a violation of a covenant that divests, subordinates, or extinguishes the lien of the Insured Mortgage; results in the invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage; or causes a loss of the Insured’s title acquired in satisfaction or partial satisfaction of the indebtedness. The endorsement also insures the Insured against loss by reason of a violation of an enforceable covenant (unless an exception specifically identifies the violation in Schedule B); and by reason of enforced removal of a violation of a building setback line (unless an exception is shown in Schedule B); and by reason of a notice recorded in the Public Records of an enforceable covenant relating to environmental protection describing any part of the Land. The rate for this endorsement is eight cents ($.08) per thousand dollars of the policy amount, or any fraction thereof. The minimum rate is $175.00. If this endorsement is issued in conjunction with a new policy which new policy qualified for a policy reissue rate under Rate Rule PR-4, PR-9 or PR-10, and this endorsement was also issued in conjunction with the prior policy, then the rate for this endorsement will also be seventy percent (70%) of the Original Rate for this endorsement. If this endorsement is issued with a Loan Policy that is issued simultaneously with an Owner’s Policy to which is attached an endorsement under Rate Rule ER-9.1 or ER-9.2 covering the same land, the rate for this endorsement to the Loan Policy shall be fifty percent (50%) of the Original Rate based on the amount of the Loan Policy issued and the rate for the respective Owner’s Policy endorsement shall be the Original Rate based on the amount of the Owner’s Policy issued. If the ALTA 9.0-06, ALTA 9.3-06 or ALTA 9.7-06 is issued in conjunction with the ALTA 9.6 on the same policy, the minimum premium for each endorsement shall be $75.00.

ALTA Endorsement 9.6-06 (Private Rights – Loan Policy). This endorsement, subject to its terms and conditions, insures the insured under a Loan Policy against loss or damage due to the enforcement of a “Private Right” in a covenant that results in the invalidity, unenforceability or lack of priority of the lien of the insured mortgage, or, that causes a loss of the insured’s title acquired in satisfaction or partial satisfaction of the indebtedness. “Private Right” is defined as (i) a private charge or assessment; (ii) an option to purchase; (iii) a right of first refusal; or (iv) a right of prior approval of a future purchaser or occupant. The rate for this endorsement is five cents ($.05) per thousand dollars of the policy amount, or any fraction thereof. The minimum rate is $150.00. If this endorsement is issued in conjunction with a new policy which new policy qualifies for a reissue rate or refinance rate under Rate Rule PR-4, PR-9 or PR-10, and this endorsement was also issued in conjunction with the prior policy, then the rate for this endorsement shall be seventy percent (70%) of the Original Rate for this endorsement. If the ALTA 9.0-06, ALTA 9.3-06 or ALTA 9.7-06 is issued in conjunction with the ALTA 9.6 on the same policy, the minimum premium for each endorsement shall be $75.00.

ALTA Endorsement 9.7-06 (R.E.M. – Land Under Development – Loan Policy). This endorsement, subject to its terms and conditions, provides the insured under a Loan Policy a variety of additional affirmative coverages including, but not limited to, insurance that there are no covenants, conditions or restrictions under which the lien of the mortgage can be divested, subordinated or extinguished, or its validity, priority or enforceability impaired; insurance against present violations of covenants, conditions or restrictions; and insurance against encroachments of existing improvements located on the Land or a Future Improvement (built in accordance with plans) and against damage to existing improvements located on the Land or a Future Improvement resulting from the future exercise of a right to use the surface of the Land for the extraction or development of minerals. The rate for this endorsement is ten cents ($.10) per thousand dollars, or any fraction thereof, of the policy amount. The minimum rate shall be $150.00. If this endorsement is issued in conjunction with a new policy which new policy qualifies for a policy reissue rate or refinance rate under Rate Rule PR-4, PR-9 or PR-10, and this endorsement was also issued in conjunction with the prior policy, then the rate for this endorsement will also be seventy percent (70%) of the Original Rate for this endorsement. If the ALTA 9.0-06, ALTA 9.3-06 or ALTA 9.7-06 is issued in conjunction with the ALTA 9.6 on the same policy, the minimum premium for each endorsement shall be $75.00.

ALTA Endorsement 9.8-06 (CC&R – Land Under Development – Owner Policy). This endorsement, subject to its terms and conditions, insures the insured under an Owner’s Policy against loss or damage by reason of a violation of an enforceable covenant by an Improvement on the Land or by a Future Improvement (built in accordance with identified plans), unless an exception in Schedule B identifies the violation; enforced removal of an Improvement located on the Land or a Future Improvement (built in accordance with identified plans) as a result of a violation of a building setback line, unless the violation is shown as an exception in Schedule B; and a notice of a violation of an enforceable covenant relating to environmental protection describing any part of the Land.  The rate for this endorsement is eight cents ($.08) per thousand dollars, or any fraction thereof, of the policy amount. The minimum rate shall be $150.00. If this endorsement is issued in conjunction with a new policy which new policy qualifies for a policy reissue rate or refinance rate under Rate Rule PR-4, PR-9 or PR-10, and this endorsement was also issued in conjunction with the prior policy, then the rate for this endorsement will also be seventy percent (70%) of the Original Rate for this endorsement.

ALTA 13-06 Endorsement (Leasehold – Owner) – Revised. This endorsement modifies and supplements the conditions and stipulations of the Owner’s Policy when the estate insured is a leasehold estate. No additional premiums or rates are applicable over and above the applicable premiums for the Owner’s Policy.

ALTA 13.1-06 Endorsement (Leasehold – Loan) – Revised. This endorsement modifies and supplements the conditions and stipulations of the Loan Policy when the security covered by the insured mortgage is a leasehold estate. No additional premiums or rates are applicable over and above the applicable premiums for the Loan Policy.

ALTA 28.1-06 Endorsement (Encroachments – Boundaries and Easements). This endorsement to an Owner’s Policy or a Loan Policy, subject to its terms and conditions, insures the insured against loss or damage sustained by reason of an encroachment of any improvement located on the Land onto adjoining land or onto that portion of the Land subject to an easement; an encroachment of any improvement located on adjoining land onto the Land; enforced removal of any improvement located on the Land as a result of an encroachment of the improvement into any portion of the Land subject to an easement; and enforced removal of any improvement located on the Land encroaching onto adjoining land. The rate for this endorsement is $250.00.

ALTA 35-06 Endorsement (Minerals and Other Subsurface Substances – Buildings). This endorsement to an Owner’s Policy or Loan Policy, subject to its terms and conditions, insures the insured against loss or damage by reason of the enforced removal or alteration of any building resulting from the future exercise of any right to use the surface of the Land for the extraction or development of minerals or any other subsurface substances. The rate for this endorsement is ten percent (10%) of the Original Rate for the policy and is in addition to the policy premium. The minimum rate is $250.00.

ALTA 35.1-06 Endorsement (Minerals and Other Subsurface Substances – Improvements). This endorsement to an Owner’s Policy or Loan Policy, subject to its terms and conditions, insures the insured against loss or damage by reason of the enforced removal or alteration of any improvement resulting from the future exercise of any right to use the surface of the Land for the extraction or development of minerals or any other subsurface substances. The rate for this endorsement is fifteen percent (15%) of the Original Rate for the policy and is in addition to the policy premium. The minimum rate is $250.00.

ALTA 35.2-06 Endorsement (Minerals and Other Subsurface Substances – Described Improvements). This endorsement to an Owner’s Policy or Loan Policy, subject to its terms and conditions, insures the insured against loss or damage by reason of the enforced removal or alteration of any improvement specifically identified in the endorsement resulting from the future exercise of any right to use the surface of the Land for the extraction or development of minerals or any other subsurface substances. The rate for this endorsement is fifteen percent (15%) of the Original Rate for the policy and is in addition to the policy premium. The minimum rate is $250.00.

ALTA 35.3-06 Endorsement (Minerals and Other Subsurface Substances – Land Under Development). This endorsement to an Owner’s Policy or Loan Policy, subject to its terms and conditions, insures the insured against loss or damage by reason of the enforced removal or alteration of any improvement or future improvement (as long as it is built in accordance with certain identified plans) resulting from the future exercise of any right to use the surface of the Land for the extraction or development of minerals or any other subsurface substances. The rate for this endorsement is fifteen percent (15%) of the Original Rate for the policy and is in addition to the policy premium. The minimum rate is $250.00.

ALTA 36-06 Endorsement (Energy Project – Leasehold/Easement – Owner). This endorsement may only be issued with an Owner’s Policy issued in connection with an “energy project”, including those designed to harvest wind and solar energy. The endorsement, subject to its terms and conditions, changes certain definitions, terms and conditions of an Owner’s Policy to reflect that the interest insured is a leasehold interest; adds some energy project-specific definitions; includes coverage for insured easement interests (as well as for insured leasehold estates) that are often utilized in lieu of or along with leases to create the rights in the land for some or all of the project improvements (as well as other more traditional easement purposes); expands the “Valuation of Title” section to make clear that the computation of loss or damage for a covered defect affecting one parcel (or fewer than all parcels) shall include resulting loss or damage to the “integrated project”; builds in coverage for “Severable Improvements” (as defined); changes the “Additional Items of Loss” section as appropriate to the energy project context; and adds a new exclusion addressing costs of remediation resulting from environmental damage or contamination. The endorsement shall only be issued when the Amount of Insurance in Schedule A of the Policy includes the aggregate of the Full Value of the Land or Full Value of the Leasehold Estate and Full Value of the Severable Improvements, Full Value of the Electricity Facility and the Full Value of the Easements. The rate for this endorsement is $500.00 and is in addition to the premium for the Policy.

ALTA 36.1-06 Endorsement (Energy Project – Leasehold/Easement – Loan). This endorsement may only be issued with a Loan Policy issued in connection with an “energy project”, including those designed to harvest wind and solar energy. The endorsement, subject to its terms and conditions, changes certain definitions, terms and conditions of a Loan Policy to reflect that the interest insured is a leasehold interest; adds some energy project-specific definitions; includes coverage for insured easement interests (as well as for insured leasehold estates) that are often utilized in lieu of or along with leases to create the rights in the land for some or all of the project improvements (as well as other more traditional easement purposes); expands the “Valuation of Title” section to make clear that the computation of loss or damage for a covered defect affecting one parcel (or fewer than all parcels) shall include resulting loss or damage to the “integrated project”; builds in coverage for “Severable Improvements” (as defined); changes the “Additional Items of Loss” section as appropriate to the energy project context; and adds a new exclusion addressing costs of remediation resulting from environmental damage or contamination. The endorsement shall only be issued when the Amount of Insurance in Schedule A of the Policy includes the aggregate of the Full Value of the Land or Full Value of the Leasehold Estate and Full Value of the Severable Improvements, Full Value of the Electricity Facility and the Full Value of the Easements. The rate for this endorsement is $500.00 and is in addition to the premium for the Policy.

ALTA 36.2-06 Endorsement (Energy Project – Leasehold – Owner). This endorsement may only be issued with an Owner’s Policy issued in connection with an “energy project”, including those designed to harvest wind and solar energy. The endorsement, subject to its terms and conditions, changes certain definitions, terms and conditions of an Owner’s Policy to reflect that the interest insured is a leasehold interest; adds some energy project-specific definitions; includes coverage for insured leasehold estates; expands the “Valuation of Title” section to make clear that the computation of loss or damage for a covered defect affecting one parcel (or fewer than all parcels) shall include resulting loss or damage to the “integrated project”; builds in coverage for “Severable Improvements” (as defined); changes the “Additional Items of Loss” section as appropriate to the energy project context; and adds a new exclusion addressing costs of remediation resulting from environmental damage or contamination.  The endorsement shall only be issued when the Amount of Insurance in Schedule A of the Policy includes the aggregate of the Full Value of the Land or the Full Value of the Leasehold Estate and the Full Value of the Severable Improvements, and the Full Value of the Electricity Facility. The rate for this endorsement is $500.00 and is in addition to the premium for the Policy.

ALTA 36.3-06 Endorsement (Energy Project – Leasehold – Loan). This endorsement may only be issued with a Loan Policy issued in connection with an “energy project”, including those designed to harvest wind and solar energy. The endorsement, subject to its terms and conditions, changes certain definitions, terms and conditions of a Loan Policy to reflect that the interest insured is a leasehold interest; adds some energy project-specific definitions; expands the “Valuation of Title” section to make clear that the computation of loss or damage for a covered defect affecting one parcel (or fewer than all parcels) shall include resulting loss or damage to the “integrated project”; builds in coverage for “Severable Improvements” (as defined); changes the “Additional Items of Loss” section as appropriate to the energy project context; and adds a new exclusion addressing costs of remediation resulting from environmental damage or contamination. The endorsement shall only be issued when the Amount of Insurance in Schedule A of the Policy includes the aggregate of the Full Value of the Land or the Full Value of the Leasehold Estate and the Full Value of the Severable Improvements, and the Full Value of the Electricity Facility. The rate for this endorsement is $500.00 and is in addition to the premium for the Policy.

ALTA 36.4-06 Endorsement (Energy Project – Covenants, Conditions and Restrictions – Land Under Development – Owner). This endorsement may only be issued with an Owner’s Policy issued in connection with an “energy project”, including those designed to harvest wind and solar energy. This endorsement, subject to its terms and conditions, patterned after the ALTA 9.8-06 but tailored appropriately to the energy project context, insures the insured against loss or damage by reason of a violation of an enforceable covenant due to an “Electricity Facility” or “Severable Improvement” or the enforced removal of any Electricity Facility” or “Severable Improvement” (the definitions of which terms include those existing at the Date of Policy and those affixed later in the locations identified on the set of defined Plans, as more particularly expressed in the endorsement) or a notice of a violation of an enforceable covenant relating to environmental protection describing any part of the Land.  This endorsement may only be issued when the Amount of Insurance in Schedule A of the Policy includes the aggregate of the Full Value of the Land and the Full Value of the Electricity Facility and the Full Value of Severable Improvements and the Full Value of any insured easements. The rate for this endorsement is fifteen percent (15%) of the Original Rate for the Policy, and is in addition to the premium for the Policy. The minimum rate is $500.00.

ALTA 36.5-06 Endorsement (Energy Project – CC&Rs – Land Under Development – Loan). This endorsement may only be issued with a Loan Policy issued in connection with an “energy project”, including those designed to harvest wind and solar energy. This endorsement, subject to its terms and conditions, is patterned after the ALTA 9.7-06 but tailored appropriately to the energy project context, insures the insured against loss or damage by reason of a violation of an enforceable covenant due to an “Electricity Facility” or “Severable Improvement” or the enforced removal of any Electricity Facility” or “Severable Improvement” (the definitions of which terms include those existing at the Date of Policy and those affixed later in the locations identified on the set of defined Plans, as more particularly expressed in the endorsement) or a notice of a violation of an enforceable covenant relating to environmental protection describing any part of the Land. This endorsement may only be issued when the Amount of Insurance in Schedule A of the Policy includes the aggregate of the Full Value of the Land and the Full Value of the Electricity Facility and the Full Value of Severable Improvements and the Full Value of any insured easements. The rate for this endorsement is ten percent (10%) of the Original Rate for the Policy, and is in addition to the premium for the Policy. The minimum rate is $500.00.

ALTA 36.6-06 Endorsement (Energy Project – Encroachments). This endorsement may only be issued with an Owner’s Policy or a Loan Policy issued in connection with an “energy project”, including those designed to harvest wind and solar energy. This endorsement, subject to its terms and conditions, insures the insured against loss or damage by reason of an encroachment of any “Electricity Facility” or “Severable Improvement” (the definitions of which terms include those existing at the Date of Policy and those affixed later in locations identified on an identified set of Plans) located on the Land onto adjoining land or onto that portion of the Land subject to an easement; an encroachment of an improvement located on adjoining land onto the Land; and enforced removal of any “Electricity Facility” or “Severable Improvement” as a result of an encroachment by the “Electricity Facility” or “Severable Improvement”.  This endorsement may only be issued when the Amount of Insurance in Schedule A of the Policy includes the aggregate of the Full Value of the Land and the Full Value of the Electricity Facility and the Full Value of Severable Improvements and the Full Value of any insured easements. The rate for this endorsement when issued with a Loan policy is ten percent (10%) of the Original Rate for the Policy, and is in addition to the premium for the Policy. The minimum rate is $500.00. The rate for this endorsement when issued with an Owner’s policy is fifteen percent (15%) of the Original Rate for the Policy, and is in addition to the premium for the Policy. The minimum rate is $500.00.

ER-112 DELETION OF GENERAL EXCEPTION FOR MECHANICS’ LIENS – LOAN POLICY. When a Loan Policy is to be issued insuring a mortgage, and there is a risk of loss of priority to mechanics’ lien claimants as determined by the underwriter, and the standard general exception for mechanics’ liens is to be deleted, the premium shall be forty percent (40%) of the Original Rate for Loan Policies as set forth in Rule PR-8 hereof, and is in addition to the policy premium. The minimum rate to delete the standard general exception for mechanics’ liens when there is a risk of loss of priority as determined by the underwriter is $500.00.

Agents using AIM For Windows or AIM+ should contact PropertyInfo Customer Care to get the new rate(s) changes implemented in their AFW or AFW+ system.

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