CLTA Present Violation of CC&R Endorsement Guideline 100.4

Explanation:

Provides the ALTA/CLTA lender with insurance regarding an existing violation of a particular CC&R.

Underwriting Requirements:

(1) The violation of the CC&R should show as an Exception on Schedule B.
(2) This endorsement may be given with the appropriate Stewart Title Guaranty underwriting approval when the violation of the restriction is minor or where it is very likely that a court would deny enforcement of the restriction with respect to the violation.

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):

CLTA Present Violation of CC&R Endorsement 100.4