Leases
Underwriting Manuals
- 5.32 Extended Coverage
- 11.04 Leasehold Insurance
- 11.08 Leases
- 15.04 Parties In Possession
- 17.52 Rule Against Perpetuities
- 18.00 Sale-Leaseback Transactions
- 18.12 Severance Of The Ownership Of The Land From The Ownership Of The Improvements
- 19.16 Tenancy Rights Of Parties In Possession
Standard Exceptions
- No references available.
Bulletins
- No references available.
Forms
- No references available.
Table of Contents
LEA
Leases
When insuring leases, you must issue an ALTA Leasehold Policy or attach a (Lease) Policy Modification Endorsement. It also is customary to except to the terms of the insured lease in Schedule B. If the lease was previously created, you must confirm that lease is current and not in default, and that the lessor consents to the current transaction. The lease or a satisfactory memorandum must be recorded. When you delete the standard parties in possession exception, use a tenants exception where appropriate.
The lease is current and not in default and there is no breach of any terms of the lease.
c) The current transaction is authorized by the lessor.
(a) Proof is required to show that such lease has not been assigned, altered, modified or amended previously, except as shown in this certificate; that said lease is in full force and effect and that no defaults now exist in relation thereto;
(b) An estoppel certificate is required from the owner of the fee and from the holders of all subordinate interests therein;
(c) Policy will except all the terms, covenants, conditions, provisions and agreements contained in said lease being assigned; [Add where applicable: as modified, altered or amended by agreement dated __/__/__, made by and between __(name)__ and __(name)__;]
(d) The assignment of lease to be made should contain the covenant required by the Lien Law, and such covenant must be absolute and not conditional.
(a) the lessee, certifying the amount remaining unpaid on the leasehold mortgage to be assigned, and
(b) the lessor, certifying that the lease remains in full force and effect, that there are no present defaults by the tenant under the lease.
Note: You may add additional local requirements here. Please consult with our underwriting personnel in preparing appropriate provisions.
Exceptions
LEAX01
ALTA
02/17/2009
V
1
Lease (Full Lease Recorded)
Terms and provisions of a lease dated ____________, executed by ______________ as lessor and ______________ as lessee, recorded ____________.
Comment: This exception should be used if a recorded lease remains in effect or if the Company insures that lease.
Comment: This exception should be used if a recorded lease remains in effect or if the Company insures that lease.
See Underwriting Manual
LEAX02
ALTA
02/17/2009
V
1
Lease (Memorandum of Record)
Terms and provisions of a lease dated ____________, executed by ____________ as lessor and ____________ as lessee a memorandum of which is recorded ____________.
Comment: This exception should be used if a recorded lease (memorandum) remains in effect or if the Company insures that lease.
Comment: This exception should be used if a recorded lease (memorandum) remains in effect or if the Company insures that lease.
See Underwriting Manual
LEAX03
ALTA
02/17/2009
V
1
Sublease Exception (Full Sublease Recorded)
Terms and provisions of a sublease dated ____________, executed by ____________ as sublessor and ____________, as sublessee, recorded ____________.
Comment: This exception should be used if a recorded sublease remains in effect or if the Company insures that sublease.
Comment: This exception should be used if a recorded sublease remains in effect or if the Company insures that sublease.
See Underwriting Manual
LEAX04
ALTA
02/17/2009
V
1
Sublease (Memorandum of Record)
Terms and provisions of a sublease dated ____________, executed by ______________ as sublessor and ______________ as sublessee a memorandum of which is recorded ____________.
Comment: This exception should be used if a recorded sublease (memorandum) remains in effect or if the Company insures that sublease.
Comment: This exception should be used if a recorded sublease (memorandum) remains in effect or if the Company insures that sublease.
See Underwriting Manual
LEAX05
ALTA
02/17/2009
V
1
Lease (Disclosed to Company, Not Recorded)
Terms and provisions of a lease dated _____________, executed by _____________ as lessor and ____________ as lessee, as disclosed to the Company.
Comment: This exception should be used if you are informed of a specific unrecorded lease. To insure that lease, you must require that the lease or memorandum be recorded.
Comment: This exception should be used if you are informed of a specific unrecorded lease. To insure that lease, you must require that the lease or memorandum be recorded.
See Underwriting Manual
LEAX06
ALTA
02/17/2009
V
1
Lease (Disclosed in Another Instrument)
Terms and provisions of a lease dated _________, executed by _____________ as lessor and ______________ as lessee as disclosed by a(n) ______________ recorded ________________.
Comment: The Company prefers to use this exception if an instrument (such as an assignment of leases to a mortgagee) discloses a specific unrecorded lease.
Comment: The Company prefers to use this exception if an instrument (such as an assignment of leases to a mortgagee) discloses a specific unrecorded lease.
See Underwriting Manual
LEAX07
ALTA
02/17/2009
V
1
Lease Modification
A document recorded ____________ declaring a modification or amendment of the lease recorded or disclosed by instrument recorded _________________.
Comment: Use this provision if the excepted lease is modified.
Comment: Use this provision if the excepted lease is modified.
See Underwriting Manual
LEAX08
ALTA
02/17/2009
V
1
Lease Subordination
A document entitled _____________ recorded __________, provides that the lease recorded or disclosed by instrument recorded ______________ is subordinated to the _________, that was recorded ______________.
Comment: This is the preferred exception to a non-disturbance agreement affecting a lease. This exception should be used if the lease is described in Schedule B, Part II of the Loan Policy (as subordinate).
Comment: This is the preferred exception to a non-disturbance agreement affecting a lease. This exception should be used if the lease is described in Schedule B, Part II of the Loan Policy (as subordinate).
See Underwriting Manual
LEAX09
ALTA
02/17/2009
V
1
Lease Subordination (Short Form Exception)
Terms and provisions of a subordination, non-disturbance and attornment agreement recorded _________.
Comment: This exception to a subordination of a lease is used if the lease is described in Schedule B of an Owner’s Policy or Schedule B, Part I of the Loan Policy. Use the alternative subordination language of LEA37 if you describe the lease in Schedule B, part II of the Loan Policy or if the Policy insures that the lease is subordinate.
Comment: This exception to a subordination of a lease is used if the lease is described in Schedule B of an Owner’s Policy or Schedule B, Part I of the Loan Policy. Use the alternative subordination language of LEA37 if you describe the lease in Schedule B, part II of the Loan Policy or if the Policy insures that the lease is subordinate.
See Underwriting Manual
LEAX10
ALTA
02/17/2009
V
1
Lease Assignment (Lessee's Interest)
The lessee's interest, under the lease recorded disclosed by instrument recorded _______________ has been assigned to _______________ by assignment, recorded ____________________.
Comment: Use this provision in describing an assignment of an excepted lease.
Comment: Use this provision in describing an assignment of an excepted lease.
See Underwriting Manual
LEAX11
ALTA
02/17/2009
V
1
Lease Assignment
The lessor's interest, under the lease recorded or disclosed by instrument recorded _________, has been assigned to __________, by assignment, recorded ______________.
Comment: Use this exception if the lessor's interest is assigned..
Comment: Use this exception if the lessor's interest is assigned..
See Underwriting Manual
LEAX12
ALTA
02/17/2009
V
1
Assignment of Rents
An assignment of rents and leases, executed by ______________, to ___________, recorded __________________.
Comment: The Company prefers not to refer to the assignment of rents to a mortgagee in Schedule A. You should place it in Schedule B (e.g., Part II) or in a note of the policy to the insured lender.
Comment: The Company prefers not to refer to the assignment of rents to a mortgagee in Schedule A. You should place it in Schedule B (e.g., Part II) or in a note of the policy to the insured lender.
See Underwriting Manual
LEAX13
ALTA
02/17/2009
V
1
Tenants in Possession
Rights of tenants in possession.
Comment: If you delete the standard parties in possession exception, the Company prefers this exception if there are tenants. This exception would include any rights (e.g., options).
Comment: If you delete the standard parties in possession exception, the Company prefers this exception if there are tenants. This exception would include any rights (e.g., options).
See Underwriting Manual
LEAX14
ALTA
02/17/2009
V
1
Parties in Possession
Rights of parties in possession.
Comment: Use this exception unless you determine the names of those persons in possession, if any, and you except to their rights. If a mortgagor remains in possession after foreclosure, consult with the Company.
Comment: Use this exception unless you determine the names of those persons in possession, if any, and you except to their rights. If a mortgagor remains in possession after foreclosure, consult with the Company.
See Underwriting Manual
LEAX15
ALTA
02/17/2009
V
1
Tenants in Possession Under Unrecorded Leases
Rights of tenants in possession as tenants only under unrecorded leases.
Comment: If you determine that the tenants have no options or rights to purchase, you may use this tenants in possession exception.
Comment: If you determine that the tenants have no options or rights to purchase, you may use this tenants in possession exception.
See Underwriting Manual
LEAX16
ALTA
02/17/2009
V
1
Tenants in Possession (Evidence of Records)
Rights of tenants in possession, as tenants only, under the following leases:
Comment: If you determine that only specific listed tenants exist and that they have no options or rights to purchase, you may use this tenants exception.
Comment: If you determine that only specific listed tenants exist and that they have no options or rights to purchase, you may use this tenants exception.
See Underwriting Manual
LEAX17
ALTA
02/17/2009
V
1
Recharacterization
Any defect, lien or encumbrance or claim that the Title is vested other than as insured, resulting from a claim or determination that any, or all, of the following documents, either jointly or severally, should be or has been recharacterized as a mortgage or as a loan transaction:
1) Deed from ________ to ________, dated __________, recorded ____________.
2) Lease from _________ to ________, dated _________, recorded ____________.
3) Option from ________ to ________, dated _________, recorded ____________.
Comment: A sale leaseback or lease with option to purchase or repurchase option may have many of the features of a mortgage transaction. If you insure such a transaction, consult the Company for consideration of this exception.
1) Deed from ________ to ________, dated __________, recorded ____________.
2) Lease from _________ to ________, dated _________, recorded ____________.
3) Option from ________ to ________, dated _________, recorded ____________.
Comment: A sale leaseback or lease with option to purchase or repurchase option may have many of the features of a mortgage transaction. If you insure such a transaction, consult the Company for consideration of this exception.
See Underwriting Manual
LEAX18
ALTA
02/17/2009
V
1
Lease with Purchase Option
Terms and provisions of an option or right of first refusal, as contained in the lease recorded ______________.
Comment: Do not insure an option to purchase unless you secure the Company’s approval. Options to purchase may evidence a recharacterization issue, especially in a sale-leaseback.
Comment: Do not insure an option to purchase unless you secure the Company’s approval. Options to purchase may evidence a recharacterization issue, especially in a sale-leaseback.
See Underwriting Manual
LEAX19
ALTA
02/17/2009
V
1
Severed Improvements
Any right, title or interest to the buildings, structures and other improvements located on the Land, with the right to maintain and use the Land, together with access and support as disclosed by document(s) recorded ______________________.
Comment: The ownership of improvements is sometimes severed in connection with a ground lease. If so, the insurance of the Land must except to the improvements and right of access and support.
Comment: The ownership of improvements is sometimes severed in connection with a ground lease. If so, the insurance of the Land must except to the improvements and right of access and support.
See Underwriting Manual
LEAX20
ALTA
02/17/2009
V
1
Lease Compliance (Recorded)
Any failure to comply with the terms, provisions and conditions of the lease, recorded ____________.
Comment: This exception should be used if a recorded lease remains in effect or if the Company insures that lease.
Comment: This exception should be used if a recorded lease remains in effect or if the Company insures that lease.
See Underwriting Manual
LEAX21
ALTA
02/17/2009
V
1
Lease Compliance (Unrecorded)
Any failure to comply with the terms, provisions and conditions of the lease, disclosed by document, recorded _______________.
Comment: This exception should be used if you are informed of a specific unrecorded lease. To insure that lease, you must require that the lease or memorandum be recorded.
Amended or modified by the instrument recorded ____________.
Comment: This exception should be used if you are informed of a specific unrecorded lease. To insure that lease, you must require that the lease or memorandum be recorded.
Amended or modified by the instrument recorded ____________.