Native Americans

The proposed transaction contemplated by this commitment must be approved by the Secretary of the Interior.
Comment: You should contact the Company if a Native American proposes to transfer allotment land or if a tribe proposes to convey land. Approval by the Secretary of the Interior may be necessary.

The Company requires that a title status report and a title status plat be obtained from the Bureau of Indian Affairs. At that time, the Company may make additional requirements or exceptions.
Comment: You should contact the Company if a Native American proposes to transfer allotment land or if the tribe proposes to convey land. A report from the Bureau of Indian Affairs may be necessary.

The Company requires from the Bureau of Indian Affairs the following information:
(1) The full name of the tribe or organization;
(2) A full copy of the charter or constitution, all amendments, the current bylaws, and a resolution;
(3) Certification that no other entity exists with the same or similar name.
The Company requires an opinion of counsel evidencing the authority of the tribe or organization to enter the transaction. At the time the Company is furnished these items, the Company may make additional requirement or exceptions.
Comment: You must consult with the Company before insuring a tribal transaction.

Any right or claim, whether or not of record, including but not limited to any right of possession or claim for damages relating to the Land, that has or may be asserted, by or on behalf of any Indian or Indian tribe arising out of any treaty or other transfer of land based on the Indian Non-Intercourse Act of 1790, or any similar state or federal law.
Comment: A number of Native American claims are based upon state transfers made without appropriate federal consent.

This Policy insures the insured against loss or damage which the insured may sustain by reason of any right or claim of title, whether or not of record, which has been or may be asserted, by or on behalf of any Indian or Indian tribe arising out of any treaty or any other transfer of land based on the Indian Non-Intercourse Act of 1790, or any similar state or federal law. This Policy insures against loss or damage sustained by the insured by reason of unmarketablility of title (as hereinafter described) on account of said defect. With respect to said defect the offer of any title insurance company licensed to transact business in the State of _______________ , including the offer by this Company to insure the title to the land herein described in the manner set forth above shall be conclusive evidence of the marketability of the title hereby insured. The Company agrees that upon request of any mortgagee or vendee of the insured, or the mortgagee of such vendee, to issue its Policy containing the same affirmative coverage set forth above, subject to same condition and policy amount. The Company shall not be liable for any loss or damage suffered by the insured by reason of a proposed purchaser, mortgagee or assignee rejecting title, or refusing to make a loan or refusing to purchase the mortgage by reason of any Indian claims, against the land, provided that insurance is available as above set forth.
Comment: If the Company insures title to land that is subject to an apparent Native American claim, the Company prefers to use this language so that it does not insure marketability of title (except as agreed) on this issue.

This policy insures against loss or damage which the insured may sustain by reason of the assertion of such rights or claims. The Policy includes insurance against loss or damage by reason of the unmarketability of title (as hereinafter defined) on account of such defect. With respect to such defect, the offer of any title insurance company licensed to transact business in the State of New York, including this Company, to insure at regular rates the title to the land herein described in the manner set forth herein shall be conclusive evidence of the marketability of the title hereby insured. The Company agrees, upon request of any mortgagee or vendee of the insured, or the mortgagee of such vendee, to issue its policy containing the same affirmative insurance coverage set forth above, but subject to the same condition.

Note: You may add additional local exceptions here. Please consult with our underwriting personnel in preparing appropriate provisions.