Always consult with the Company in the event of an existing Native American claim, regardless of whether a suit is pending. Consult with the Company if you are asked to insure on allotment or tribal transactions. Although Texas does not have any Native American Reservations we should be aware of the various types of claims that could be made in the future.
Approval by The Secretary of Interior
The proposed transaction contemplated by this commitment must be approved by the Secretary of the Interior.
Comment: You should contact the Company if a Native American proposes to transfer allotment land or if a tribe proposes to convey land. Approval by the Secretary of the Interior may be necessary. This requirement is not applicable to Native American tribes located in Texas at this time.
The Company requires that a title status report and a title status plat be obtained from the Bureau of Indian Affairs. At that time, the Company may make additional requirements or exceptions.
Comment: You should contact the Company if a Native American proposes to transfer allotment land or if the tribe proposes to convey land. A report from the Bureau of Indian Affairs may be necessary. This requirement is not applicable to Native American tribes located in Texas at this time.
The Company requires from the Bureau of Indian Affairs the following information:
(1) The full name of the tribe or organization;
(2) A full copy of the charter or constitution, all amendments, the current bylaws, and a resolution;
(3) Certification that no other entity exists with the same or similar name.
The Company requires an opinion of counsel evidencing the authority of the tribe or organization to enter the transaction. At the time the Company is furnished these items, the Company may make additional requirement or exceptions.
Comment: You must consult with the Company before insuring a tribal transaction. This requirement is not applicable to Native American tribes located in Texas at this time.
Any right or claim, whether or not of record, including but not limited to any right of possession or claim for damages relating to the land, which has or may be asserted, by or on behalf of any Indian or Indian tribe arising out of any treaty or other transfer of land based on the Indian Non-Intercourse Act of 1790, or any similar state or federal law.
Comment: A number of Native American claims are based upon state transfers made without appropriate federal consent. This requirement is not applicable to Native American tribes located in Texas at this time.
This policy insures against loss or damage which the insured may sustain by reason of the assertion of such rights or claims. The Policy includes insurance against loss or damage by reason of the unmarketability of title (as hereinafter defined) on account of such defect. With respect to such defect, the offer of any title insurance company licensed to transact business in the State of New York, including this Company, to insure at regular rates the title to the land herein described in the manner set forth herein shall be conclusive evidence of the marketability of the title hereby insured. The Company agrees, upon request of any mortgagee or vendee of the insured, or the mortgagee of such vendee, to issue its policy containing the same affirmative insurance coverage set forth above, but subject to the same condition.
Note: You may add additional local exceptions here. Please consult with our underwriting personnel in preparing appropriate provisions.
See Underwriting Manual