Commitment Guidelines - ALTA Commitment for Title Insurance 6-17-06 Revised (08-01-16)

Explanation:

See bulletin at this link for a summary of the Revised Commitment notable changes and features: http://www.vuwriter.com/en/bulletins/2016-8/mu2016004.html

This commitment form should not be altered or revised and no part should be deleted.

The NOTICE at the top of the commitment reiterates that the Commitment is an offer to issue a title insurance policy or policies and is not an abstract or opinion of title. The NOTICE limits the Company’s obligation to the proposed insured identified in Schedule A. This NOTICE may not be deleted. Schedule A must include the identity of the proposed insured or insureds and the amount of the policy or policies to be issued. In an instance when a proposed amount of insurance is not provided, Schedule A should state $1000.00. 

Here is an example:

COMMITMENT TO ISSUE POLICY -- If a time period is not included, insert 180 days: “If all of the Schedule B, Pat I—Requirements have not been met within____180 days____ after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. “

SCHEDULE A includes the following: 

[Transaction Identification Data for reference only:

Issuing Agent:
Issuing Office:
ALTA® Universal ID:
Loan ID Number:
Commitment Number:
Issuing Office File Number:
Property Address:]
[Revision Number:]

The Transaction Identification Data is bracketed and is optional.  Some customers may require inclusion of the Transaction Identification Data. If a commitment is revised, each revision number should be reflected in this section. Liability for this data is limited by Commitment Condition 5 (e).

SCHEDULE A

1.  The Commitment Date on Schedule A is the effective date of the commitment. The commitment should reflect all matters of record as of the effective commitment date. 

2.   Policy to be issued should list the policies to be issued, the Proposed Insureds and the Proposed Policy Amounts. Make your best effort to include the proposed policy amount by specified dollar amount. The Proposed Insured should be identified. If that information is not included on Schedule A, the Commitment is not effective. You should not state “to be determined” or similar language. If you cannot obtain an amount, insert “$1000.00.”

3.   The estate or interest in the Land should be identified as fee, leasehold, etc.

4.   Title to the ___ {identified} _______estate or interest in the Land at the Commitment Date vested in must be completed and must reflect the vesting as of the Commitment Date. You should not vest other than as the vesting of record at the Commitment Date.

5.   The Land is described as follows: must reflect the description of the land to be insured. This must be a legal description.

SCHEDULE B, Part I Requirements

The pre-printed requirements should not be altered or revised but additional requirements may be listed by number after requirement 4.  Documents may be listed.

SCHEDULE B, Part II Exceptions

This section adds a notice to Schedule B, Part II-Exceptions stating that the Commitment does not republish any covenant, condition, restriction, or limitation contained in any document to the extent that the covenant, condition, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin.

Schedule B, Part II adds an introductory clause stating that the Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A.

Exception 1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I—Requirements are met.

Exceptions 2, 3, 4, .Additional exceptions listed by number.  All exceptions to title should be listed. 

Commitment Conditions

Condition 1 includes Definitions

Condition 2 states that the Commitment terminates and the Company’s liability and obligation end if the requirements are not met within the time period specified within the time in Commitment to Issue Policy section following the NOTICE.

Condition 3 states that the Company’s liability and obligation is limited by and the Commitment is not valid without the Notice, the Commitment to Issue Policy, the Commitment Conditions, Schedule A, Schedule B, Part I, Schedule B, Part II and a counter signature by the Company or its issuing agent.

Condition 4 clarifies the Company’s right to amend the Commitment at any time and the limitations on the Company’s liability relating to an amendment.

Condition 5 outlines the Company’s liability.

Condition 6 limits the Company’s liability to the Commitment and to a Proposed Insured identified in the commitment and provides that when the Policy is issued, all liability and obligation under the commitment will end the only liability of the Company will be under the Policy.

Condition 7 states that if the commitment is issued by an issuing agent, the issuing agent is the Company agent for the limited purposed of issuing title insurance commitments and policies and the issuing agent is not the Company’s agent for the purposed of providing closing or settlement services.

Condition 8 provides that the Company may provide a pro-forma policy and a pro-forma neither reflects the status of Title at the time the pro-forma is delivered to a Proposed Insured nor is it a commitment to insure.

Condition 9 is the arbitration provision that the policy contains an arbitration clause.

Do not alter or revise the commitment form. 

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.