Bulletin: CT000011

Date:
October 01, 2003
To:
All Issuing Offices in Connecticut
RE:
Underwriting Requirements for Survey Coverage

Dear Associates:

In response to a number of requests, the following Underwriting Bulletin is designed to answer any questions regarding Stewart Title's Connecticut underwriting requirements for survey coverage.

Many of our agents do not seem to be aware that Stewart's underwriting guidelines provide for survey coverage (without a current survey) for Lender's Policies and for Owner's Policies, under most circumstances, without additional charge or special requirements.

Owner's Policies:  Stewart does not require a survey in order to omit the survey exception in Owner's Policies covering existing structures on 1-4 family residential property shown on recorded subdivision maps.  You may provide this added coverage at NO additional charge.  This applies to standard ALTA Owner's Policies, and to the extended coverage ALTA Homeowner's Policies.  This only applies to existing residences (not vacant land, or new construction).  You must take exception for matters actually known (e.g. specific encroachments).  Part four of Stewart's title affidavit (Affidavit In Lieu Of Survey) must be provided.

Omission of the survey exception may also be available on commercial owner's policies based on a prior survey and an affidavit updating the survey from the seller/owner, and the affidavit does not reveal actual knowledge that improvements have been added since the date of the prior survey. You must add to Schedule B specific exceptions for matters (such as specific encroachments) shown on the survey and those matters revealed by the affidavit.  In order to omit the survey exception on commercial owner policies you must obtain underwriting approval from Stewart.

Loan Policies:  Stewart does not require a survey in order to omit the survey exception in Loan Policies issued on 1-4 family residential properties (except if there is new construction).  However, the title affidavit, revealing no survey concerns must be obtained.

Stewart does not require a survey in order to omit the survey exception in Loan Policies issued on commercial transactions with liabilities of up to $10,000,000.00 (except if there is new construction).  The title affidavit revealing no survey concerns must be obtained.

Endorsements:  You may issue the ALTA Form 9 Endorsement or CLTA Form 100 Endorsement (or similar Endorsement) on Loan Policies covering 1-4 family residential properties or on Loan Policies relating to commercial transactions of up to $10,000,000.00 without a survey, if you comply with our other requirements for issuance of these endorsements, and if you take exception for matters actually known (e.g. specific encroachments).

General Requirements:  In all cases, the appropriate title affidavit must be obtained, and you must include specific exceptions (such as specific encroachments) as provided above for matters actually known by you (i.e. shown on a prior survey or revealed in the affidavit). 

Questions:  Should you have any questions on these or other underwriting requirements, for residential or commercial transactions, please call Dennis Anderson, Connecticut Underwriting Counsel, at 800-448-9302.

Should you have any questions, please call the State Office.

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.