Bulletin: AR2015002

Dear Associates:

The Arkansas Department of Insurance has recently approved a New Forms Filing for Stewart Title Guaranty Company. These Forms are set forth below and are available for immediate use. Guidelines for the new forms are available as a link under each form on Virtual Underwriter.

These Forms are all listed under Arkansas Forms in Virtual Underwriter. Procedures for their use are set out in the Guidelines. Charges for their use are listed in the Rate Calculator.

One Endorsement of particular importance is the Arbitration Endorsement which deletes the Arbitration Clause from the Policy. This Endorsement should be attached to all policies issued. A link to the endorsement is available in the references section, below.

Policies:

ALTA Homeowner's Policy of Title Insurance (12-02-13)

The ALTA Homeowner's Policy of Title Insurance (12-02-13) is designed to incorporate the changes of the 2006 Owner's Policy and improve the title insurance coverage given to the insured. The only changes in the 2013 Policy include: 

This policy clarifies coverage relating to trusts or estate planning entities within CONDITION 2.b. (3), and the following exclusions from coverage: (8) Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence; and (9) Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances were added. Guidelines.

ALTA Expanded Coverage Residential Loan Policy For a One-To-Four Family Residence (12-02-13)

The ALTA Expanded Coverage Residential Loan Policy For a One-To Four Family Residence (12/02/13) is designed to incorporate the changes of the 2006 Loan Policy and improve the title insurance coverage given to the insured. The only changes in the policy include:

The following exclusions from coverage: (10) Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence; and (11) Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances were added. Guidelines.

ALTA Short Form Residential Limited Coverage Junior Loan Policy with addendum (04-02-13)

The ALTA Short Form Residential Limited Coverage Junior Loan Policy is the abbreviated short form version of the ALTA Residential Limited Coverage Junior Loan Policy (08-01-12) already filed and which includes the Insuring Provisions, Exclusions from Coverage, Conditions and Schedule. The ALTA Residential Limited Coverage Junior Loan Policy insures against loss or damage incurred by reason of: (1) the Grantee not being the named grantee on the last recorded deed; (2) the Land not being the same as the land described in the last recorded deed; (3) any Monetary Liens recorded in the Public Records; and (4) any ad valorem taxes or assessments that appear in the tax records. This policy does not insure the validity of the insured's mortgage and it does not insure that the Grantee (who will generally be the mortgagor) owns the land. It does provide defense costs as stated and does insure a later owner of the debt secured by the insured's mortgage. This form is issued before the Junior Mortgage is executed; it is similar to a commitment to insure. The addendum to the Short Form Residential Limited Coverage Loan Policy would be attached to the policy to show any special exceptions on a case by case basis, after the examination of title, such as liens or mortgages or deeds of record. These specialized items could change from each piece of property so the addendum allows us to refer to these title conditions as they relate to each specific property. 

Endorsements:

ALTA Endorsement 11.2-06 (Mortgage Modification with Additional Amounts of Insurance) (12-02-13)

This endorsement insures against loss or damage sustained by the Insured by reason of: (a) The invalidity or unenforceability of the lien of the Insured Mortgage upon the Title as a result of the Modification; (b) The lack of priority of the lien of the Insured Mortgage over defects in or liens or encumbrances on the Title, (with exceptions, if any); (c) The failure of matters to be subordinate to the lien of the Insured Mortgage, (matters to be insured as subordinate should be specified, if any). Guidelines.

ALTA Endorsement 41-06 (Water-Buildings) (12-02-13) 

This endorsement insures against loss or damage sustained by the Insured by reason of the enforced removal or alteration of any Improvement resulting from the future exercise of any right existing at Date of Policy to use the surface of the Land for the extraction or development of water excepted from the description of the Land or excepted in Schedule B. Guidelines.

ALTA Endorsement 41.1-06 (Water-Improvements) (12-02-13)

This endorsement insures against loss or damage sustained by the Insured by reason of the enforced removal or alteration of any Improvement, resulting from the future exercise of any right existing at Date of Policy to use the surface of the Land for the extraction or development of water excepted from the description of the Land or excepted in Schedule B. Guidelines.

ALTA Endorsement 41.2-06 (Water-Described Improvements) (12-02-13)

This endorsement insures against loss or damage sustained by the Insured by reason of the enforced removal or alteration of any Improvement resulting from the future exercise of any right existing at Date of Policy to use the surface of the Land for the extraction or development of water excepted from the description of the Land or excepted in Schedule B. Guidelines.

ALTA Endorsement 41.3-06 (Water-Land Under Development) (12-02-13)

This endorsement insures against loss or damage sustained by the Insured by reason of the enforced removal or alteration of an Improvement or a Future Improvement, resulting from the future exercise of any right existing at Date of Policy to use the surface of the Land for the extraction or development of water excepted from the description of the Land or excepted in Schedule B. Guidelines.

ALTA Endorsement 42-06 (Commercial Lender Group) (12-02-13) 

This endorsement insures against loss or damage sustained by the Insured by reason of: (a) The invalidity or unenforceability of the lien of the Insured Mortgage caused by transfers after the Date of Policy of portions of the Indebtedness by the Participants; (b) Loss of priority of the lien of the Insured Mortgage, which loss of priority is caused by transfers after the Date of Policy of portions of the Indebtedness by the Participants. Guidelines.

ALTA Endorsement 43-06 (Anti-Taint) (12-02-13) 

This endorsement insures against loss or damage sustained by the Insured by reason of the loss of priority of the lien of the Insured Mortgage, as security for the amount of the Indebtedness advanced as the Term Loan, resulting from reductions and subsequent increases of the outstanding principal amount of the Indebtedness payable as the Revolving Credit Loan. Guidelines.

ALTA Endorsement 44-06 (Insured Mortgage Recording) (12-02-13) 

This endorsement insures against loss or damage sustained by the Insured by reason of the failure of the Insured Mortgage to have been recorded in the Public Records as set forth in Section 3 of the Endorsement. Guidelines.

For those of you using AIM+, it is very important that you contact PROPERTYINFO Customer Care to get the new form changes implemented into your AIM+ system.

For questions regarding these forms and their use, contact your Arkansas Underwriting Office. 

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

For on-line viewing of this and other bulletins, please log onto www.vuwriter.com.