DE Mortgage Modification Endorsement (ALTA Endorsement 11, as modified by DTIRB) Loan Policy Only DTIRB-28 (4-1-23)

Stewart Title Guaranty Company

ENDORSEMENT

Attached to and made a part of Policy Number File Number

Schedule A of the above policy is amended as follows:

a.  Item 4 is amended to add the following:  

[Identify Agreement] between _________________________________ and ____________________________________

dated ________ and recorded on ________________ in  [Insert Recording Info] (“Modification”); and

b.  The Date of Policy is changed to _____________________________.

c.  The Amount of Insurance is changed to __________________________.

Schedule B of the above policy is amended as follows: 

[Specify additional exceptions or items that may no longer apply, if any]

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 Modification by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights law that is based on the Modification being a:

a.  fraudulent conveyance or fraudulent transfer; or

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

c.  preferential transfer to the extent the Modification is not a transfer made as a contemporaneous exchange for new value or for any other reason unless the preferential transfer results solely from the failure:

a.  to timely record the Modification in the Public Records after execution and delivery of the Modification to the Insured; or

b.  of  the recording of the Modification in the Public Records to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.

This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements.

Date of Endorsement: _______________________

IN WITNESS WHEREOF, the Company has caused this endorsement to be issued and become valid when signed by an authorized officer or licensed agent of the Company.

Stewart Title Guaranty Company

By:
Authorized Officer or Licensed Agent