Bulletin: MU2012001

Date:
April 20, 2012
To:
All Issuing Offices except Delaware, Florida, Louisiana, New Mexico, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania and Texas
RE:
New ALTA Forms (04-02-12)

Dear Associates:

The American Land Title Association (ALTA) has recently adopted the forms listed below:  

  • ALTA® Endorsement 3.2-06 Zoning – Land Under Development (04-02-12).  This endorsement insures against loss or damage in the event that the Land does not meet the zoning classification set forth in the endorsement, or zoning ordinances or amendments have been violated. Guideline.
  • ALTA® Endorsement 9-06 Restrictions, Encroachments, Minerals – Loan Policy (04-02-12). This endorsement insures against loss or damage by reason of the violation of a Covenant that: (a) divests, subordinates, or extinguishes the lien of the Insured Mortgage; (b) results in the invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage; or (c) causes a loss of the Insured’s Title acquired in satisfaction or partial satisfaction of the Indebtedness. This endorsement also insures against violations of restrictions, encroachments over easements, building lines or property lines, and damage by reason of mineral development. Guideline.
  • ALTA® Endorsement 9.1-06 Covenants, Conditions and Restrictions – Unimproved Land – Owner’s Policy (04-02-12).  This endorsement insures against loss or damage by reason of: (a) A violation on the Land of an enforceable Covenant; or (b) A notice of a violation, recorded in the Public Records of an enforceable Covenant relating to environmental protection. Guideline.
  • ALTA® Endorsement 9.2-06 Covenants, Conditions and Restrictions – Improved Land – Owner’s Policy (04-02-12).  This endorsement insures against loss or damage by reason of: (a) A violation on the Land of an enforceable Covenant; (b) Enforced removal of an Improvement as a result of a violation of a building setback line shown on a plat of subdivision recorded or filed in the Public Records; or (c) A notice of a violation, recorded in the Public Records, of an enforceable Covenant relating to environmental protection describing any part of the Land and referring to that Covenant, but only to the extent of the violation of the Covenant referred to in that notice. Guideline.
  • ALTA® Endorsement 9.3-06 Covenants, Conditions and Restrictions – Loan Policy (04-02-12). This endorsement insures against loss or damage by reason of: A violation of a Covenant that: (1) divests, subordinates, or extinguishes the lien of the Insured Mortgage, (2) results in the invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage, or (3) causes a loss of the Insured’s Title acquired in satisfaction or partial satisfaction of the Indebtedness; A violation on the Land of an enforceable Covenant; Enforced removal of an Improvement as a result of a violation of a building setback line shown on a plat of subdivision recorded or filed in the Public Records; or A notice of a violation of an enforceable Covenant relating to environmental protection describing any part of the Land and referring to that Covenant. Guideline.
  • ALTA® Endorsement 9.6-06 Private Rights – Loan Policy (04-02-12).  This endorsement insures against loss or damage if enforcement of a Private Right in a Covenant affecting the Title at Date of Policy (a) results in the invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage; or (b) causes a loss of the Insured’s Title acquired in satisfaction or partial satisfaction of the Indebtedness. Guideline.
  • ALTA® Endorsement 9.7-06 Restrictions, Encroachments, Minerals – Land Under Development – Loan Policy (04-02-12).  This endorsement insures against loss or damage sustained by reason of: (a) a violation of a covenant; (b) a violation of a covenant by an Improvement on the Land or a Future Improvement; (c) enforced removal of an Improvement or Future Improvement on the Land as a result of a violation of a building setback line shown on a plat of subdivision; (d) a notice of a violation of an enforceable covenant related to environmental protection. This endorsement also insures against loss or damage sustained by reason of an encroachment or damage to an improvement located on the Land. This endorsement also insures against violations of restrictions, encroachments over easements, building lines or property lines, and damage by reason of mineral development. Guideline.
  • ALTA® Endorsement 9.8-06 Covenants Conditions and Restrictions – Land Under Development – Owner’s Policy (04-02-12).  This endorsement insures against loss or damage sustained by reason of: (a) a violation of a covenant by an Improvement on the Land or a Future Improvement; (b) enforced removal of an Improvement or Future Improvement on the Land as a result of a violation of a building setback line shown on a plat of subdivision; (c) a notice of a violation of an enforceable covenant related to environmental protection. Guideline.
  • ALTA® Endorsement 13-06 Leasehold – Owner’s (04-02-12).  This endorsement sets forth the kinds of damages that may be covered due to the loss of the lease (including relocation of improvements). Guideline.
  • ALTA® Endorsement 13.1-06 Leasehold – Loan (04-02-12).  This endorsement sets forth the kinds of damages that may be covered due to the loss of the lease (including relocation of improvements). Guideline.
  • ALTA® Endorsement 28.1-06 (Encroachments – Boundaries and Easements (04-02-12).  This endorsement insures against loss or damage sustained by reason of: (a) An encroachment of any Improvement located on the Land onto adjoining land or onto that portion of the Land subject to an easement; (b) An encroachment of any Improvement located on adjoining land onto the Land; (c) Enforced removal of any Improvement located on the Land as a result of an encroachment; or (d) Enforced removal of any Improvement located on the Land that encroaches onto adjoining land. Guideline.
  • ALTA® Endorsement 35-06 Minerals and Other Subsurface Substances – Buildings (04-02-12).  This endorsement insures against loss or damage sustained by reason of the enforced removal or alteration of any Improvement resulting from the future extraction or development of minerals or any other subsurface substances. Guideline.
  • ALTA® Endorsement 35.1-06 Minerals and Other Subsurface Substances – Improvements (04-02-12).  This endorsement insures against loss or damage sustained by reason of the enforced removal or alteration of any Improvement, resulting from the future extraction or development of minerals or any other subsurface substances. "Improvement" means each itemized improvement. Guideline.
  • ALTA® Endorsement 35.2-06 Minerals and Other Subsurface Substances – Described Improvements (04-02-12).  This endorsement insures against loss or damage sustained by reason of the future enforced removal or alteration of any Improvement resulting from the extraction or development of minerals or any other subsurface substances. "Improvement" means each itemized improvement. Guideline.
  • ALTA® Endorsement 35.3-06 Minerals and Other Subsurface Substances – Land Under Development (04-02-12).  This endorsement insures against loss or damage sustained by reason of the future enforced removal or alteration of an Improvement or a Future Improvement, resulting from use of the surface of the Land for the extraction or development of minerals or any other subsurface substances. Guideline.
  • ALTA® Endorsement 36-06 Energy Project – Leasehold/Easement – Owner’s (04-02-12).  This endorsement sets forth the kinds of damages that may be covered due to the loss of an Energy Project Lease or Easement (including relocation of improvements). Guideline.
  • ALTA® Endorsement 36.1-06 Energy Project – Leasehold/Easement – Loan (04-02-12).  This endorsement sets forth the kinds of damages that may be covered due to the loss of an Energy Project Lease or Easement (including relocation of improvements). Guideline.
  • ALTA® Endorsement 36.2-06 Energy Project – Leasehold – Owner’s (04-02-12).  This endorsement sets forth the kinds of damages that may be covered due to the loss of an Energy Project Lease (including relocation of improvements). Guideline.
  • ALTA® Endorsement 36.3-06 Energy Project – Leasehold – Loan (04-02-12).  This endorsement sets forth the kinds of damages that may be covered due to the loss of an Energy Project Lease (including relocation of improvements). Guideline.
  • ALTA® Endorsement 36.4-06 Energy Project – Covenants, Conditions and Restrictions – Land Under Development – Owner’s (04-02-12).  This endorsement insures against loss or damage sustained by the Insured by reason of: (a) A violation of an enforceable Covenant by any Electricity Facility or Severable Improvement; (b) Enforced removal of any Electricity Facility or Severable Improvement as a result of a violation of a building setback line shown on a plat of subdivision; or (c) A notice of a violation of an enforceable Covenant relating to environmental protection, describing any part of the Land and referring to that Covenant, but only to the extent of the violation of the Covenant referred to in that notice. Guideline.
  • ALTA® Endorsement 36.5-06 Energy Project – Covenants, Conditions and Restrictions – Land Under Development – Loan (04-02-12).  This endorsement insures against loss or damage sustained by reason of: (a) A violation of a Covenant that: divests, subordinates, or extinguishes, or results in the invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage; or causes a loss of the Insured’s Title acquired in satisfaction or partial satisfaction of the Indebtedness; (b) A violation of an enforceable Covenant by any Electricity Facility or Severable Improvement; (c) Enforced removal of any Electricity Facility or Severable Improvement, as a result of a violation of a building setback line shown on a plat of subdivision; or (d) A notice of a violation of an enforceable Covenant relating to environmental protection, describing any part of the Land and referring to that Covenant, but only to the extent of the violation of the Covenant referred to in that notice. Guideline.
  • ALTA® Endorsement 36.6-06 Energy Project – Encroachments (04-02-12).  This endorsement insures against loss or damage sustained by reason of encroachments or enforced removal of any Electricity Facility or Severable Improvement, as a result of an encroachment [or] Damage to any Electricity Facility or Severable Improvement that is located on or encroaches onto that portion of the Land subject to an easement. Guideline.

On or after April 2, 2012, these forms will be available for use in Illinois, Indiana, Iowa, Massachusetts, Mississippi and Oklahoma. We are in the process of filing these forms in those states where filing is required. We will distribute subsequent state-specific bulletins as these forms become more widely available.

You may continue to issue the prior versions where available.

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

For on-line viewing of this and other bulletins, please log onto www.vuwriter.com.

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.

References

Bulletins Replaced:
None
Related Bulletins:
MU2008002 New ALTA Forms
 
MU2009006 New ALTA Forms
 
MU2009008 New ALTA Forms (10-22-09)
 
MU2010003 New, Revised, or Withdrawn ALTA Forms (2-03-10)
 
SLS00307 2006 ALTA Forms
Underwriting Manual:
None
Exceptions Manual:
None
Forms:
ALTA Endorsement 13-06 (Leasehold - Owner's) Revised 04-02-12
 
ALTA Endorsement 13.1-06 (Leasehold - Loan) Revised 04-02-12
 
ALTA Endorsement 28.1-06 (Encroachments - Boundaries and Easements) (04-02-12)
 
ALTA Endorsement 3.2-06 (Zoning - Land Under Development) (04-02-12)
 
ALTA Endorsement 35-06 (Minerals and Other Subsurface Substances - Buildings) (04-02-12) Technical Correction 08-01-16
 
ALTA Endorsement 35.1-06 (Minerals and Other Subsurface Substances - Improvements) (04-02-12) Technical Correction 08-01-16
 
ALTA Endorsement 35.2-06 (Minerals and Other Subsurface Substances - Described Improvements) (04-02-12) Technical Correction 08-01-16
 
ALTA Endorsement 35.3-06 (Minerals and Other Subsurface Substances - Land Under Development) (04-02-12) Technical Correction 08-01-16
 
ALTA Endorsement 36-06 (Energy Project - Leasehold/Easement - Owner's) (04-02-12)
 
ALTA Endorsement 36.1-06 (Energy Project - Leasehold/Easement - Loan) (04-02-12)
 
ALTA Endorsement 36.2-06 (Energy Project - Leasehold - Owner's) (04-02-12)
 
ALTA Endorsement 36.3-06 (Energy Project - Leasehold - Loan) (04-02-12)
 
ALTA Endorsement 36.4-06 (Energy Project - Covenants, Conditions and Restrictions - Land Under Development - Owner's) (04-02-12)
 
ALTA Endorsement 36.5-06 (Energy Project - Covenants, Conditions and Restrictions - Land Under Development - Loan) (04-02-12)
 
ALTA Endorsement 36.6-06 (Energy Project - Encroachments) (04-02-12) Technical Correction 08-01-16
 
ALTA Endorsement 9-06 (Restrictions, Encroachments, Minerals - Loan Policy) Revised 04-02-12 Technical Correction 08-01-16
 
ALTA Endorsement 9.1-06 (Covenants, Conditions and Restrictions - Unimproved Land Owner's Policy) Revised 04-02-12
 
ALTA Endorsement 9.2-06 (Covenants, Conditions and Restrictions - Improved Land Owner's Policy) Revised 04-02-12
 
ALTA Endorsement 9.3-06 (Covenants, Conditions and Restrictions - Loan Policy) Revised 04-02-12
 
ALTA Endorsement 9.6-06 (Private Rights - Loan Policy) (04-02-12)
 
ALTA Endorsement 9.7-06 (Restrictions, Encroachments, Minerals - Land Under Development - Loan Policy) (04-02-12) Technical Correction 08-01-16
 
ALTA Endorsement 9.8-06 (Covenants Conditions and Restrictions - Land Under Development - Owner's Policy) (04-02-12)