CLTA Environmental Protection Lien Endorsement Guideline 110.9
Explanation:This endorsement is only issued in conjunction with a Loan Policy covering primarily residential property.
Paragraph (a) insures that there are no environmental protection liens filed in the public records which have priority over the lien of the insured mortgage unless excepted in Schedule B.
Paragraph (b) insures that there are no state statutes which provide that liens filed after the Date of Policy would have priority over the lien of the insured mortgage, except for those specifically excepted under paragraph (b).
Underwriting Requirements:(1) This endorsement may be issued only on property which is improved, zoned, restricted, or under construction for, residential purposes.
(2) You are required only to review your local records for liens filed. You are not required to check the federal district court clerk's office.
(3) Because some states have not enacted the Uniform Federal Lien Registration Act or similar legislation, Stewart Title Guaranty Company may periodically mail to you liens filed by the EPA. You should consider these liens in the examination of the title.
(4) Our endorsement contains excluded matters agreed to by Fannie Mae. Therefore, it is not necessary to except to various state statutes. Our forms either state "No Exception" or contain one of the following additional exceptions:
(a) Connecticut - Conn. Gen. Stat. §22a-452a (may be deleted if the land is exclusively residential real estate);
(b) Georgia - Ga. Code Ann. §12-13-12;
(c) Iowa - Iowa Code Ann. §455B.396;
(d) Kentucky - Ky. Rev. St. Ann. §224.877;
(e) Louisiana - La. Rev. Stat. Ann. §13:2575 (applicable only to municipalities of 90,000 or more) and §30:2281;
(f) Maine - Me. Rev. Stat. Ann. tit. 38 §1371 (may be deleted if the land is primarily used or under construction as single or multi-family housing);
(g) Maryland - Md. Environ. Code Ann. §7-266;
(h) Massachusetts - Mass. Gen. Laws Ann. ch. 21E §13 (may be deleted if greater part of land devoted to single or multi-family housing);
(i) Michigan - Mich. Comp. Laws §§29.16, 299.543, 299.616a, 299.842 and 323.10;
(j) Minnesota - Minn. Stat. Ann. §§400.16, 400.161, 514.67;
(k) New Hampshire - N.H. Rev. Stat. Ann. §§147-B:2, 147-B:10. (This exception should be added unless land is improved or under construction solely as residential property);
(l) New Jersey - “This Endorsement will not insure against liens recorded pursuant to the Spill Compensation Control Act, N.J.S.A. §58:10-23.11 et seq. subsequent to the issuance of this Policy”;
(m) Ohio - Ohio Rev. Code Ann. §§3734.122, 3734.20, and 3734.22 (applicable only if not a single family residence; may be deleted if improved single family residence);
(n) South Carolina - S.C. Code Ann. §48-1-350;
(o) Texas - Tex. Health & Safety Code §§361.194, 342.007, 343.023(a),(c), and (d); Texas Local Gov't. Code §214.0015(b), (d), and (e); and Tex. Rev. Civ. Stat. Ann. Art. 1175 §10(b), (d), and (e) (parallel statutory provisions; Tex. Rev. Civ. Stat. Ann. art. 5920-11 §9(a), if applicable.
The underwriting guidelines contained herein have been provided for general reference. The facts, circumstances, and location of the subject property should be considered when determining the issuance of the requested form or endorsement. Please note that all of the forms and endorsements included in this system may not be available in all states. Accordingly, please contact the appropriate Stewart Title Guaranty Company underwriting personnel in order to determine availability.
Compliance with the underwriting guidelines contained herein in no way obligates Stewart Title Guaranty Company to issue any form or endorsement.
This guideline applies to the following form(s):