OTIRO Endorsement No. 210.1 (Assignment and Date Down) (07-01-21)

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OTIRO Endorsement No. 210.1 (Assignment and Date Down) (07-01-21)

Form Document
06/01/2022

This endorsement is issued as part of
Policy Number __________
issued by
Stewart Title Guaranty Company

 

[Date                : [Fill In] ]
[Premium          : [Fill In] ]

1.       The name of the Insured at the Date of Endorsement and referred to in this endorsement as the “Assignee” is amended to read: ______________________.

2.      The Company insures against loss or damage sustained by the Assignee by reason of:

a.       The failure of the following assignment to vest title to the Insured Mortgage in the Assignee: ______________________;

b.      Any liens for taxes or assessments affecting the Title that are due and payable on the Date of Endorsement, except: ________________;

c.       Lack of priority of the lien of the Insured Mortgage over defects, liens, or encumbrances other than those shown in the policy or a prior endorsement, except: ________________;

d.      Notices of federal tax liens or notices of pending bankruptcy proceedings affecting the Title and recorded subsequent to the Date of Policy in the Public Records and on or prior to the Date of Endorsement, except: ________________;

e.       Any modification, partial or full reconveyance, release or discharge of the lien of the Insured Mortgage recorded on or prior to Date of Endorsement in the Public Records other than those shown in the policy or a prior endorsement, except: ________________.

3.      This endorsement does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses, by reason of any claim that arises out of the transaction creating the assignment by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law that is based on the assignment being a:

a.       fraudulent conveyance or fraudulent transfer;

b.      voidable transfer under the Uniform Voidable Transactions Act; or

c.       preferential transfer.

4.      This endorsement shall be effective provided that, at the Date of Endorsement:

a.       the note or notes secured by the lien of the Insured Mortgage have been properly endorsed and delivered to the Assignee; or

b.       if the note or notes are transferable records, the Assignee has “control” of the single authoritative copy of each “transferable record” as these terms are defined by applicable electronic transaction laws.

[Date]

 

Stewart Title Guaranty Company

By: _____________________________
Authorized Signatory

For issuing guidelines on this form, see Guidelines.