Bulletin: AR2025001

Dear Associates:

The Arkansas Department of Insurance has approved the following forms and endorsements for use in the State of Arkansas:

ALTA® Short Form Expanded Coverage Residential Loan Policy - Current Assessments 4-2-24
ALTA® Short Form Residential Limited Coverage Junior Loan Policy 4-2-22
ALTA® JR 1 Endorsement 1-2-25
ALTA® JR 2 Endorsement 4-2-22
ALTA® Residential Limited Coverage Mortgage Modification Policy 4-2-22 without arbitration
ALTA® Residential Limited Coverage Junior Loan Policy 4-2-22 without arbitration
ALTA® Endorsement 3.3 - Zoning - Completed Improvement - Legal Non-Conforming Use 4-2-24
ALTA® Endorsement 10.2 - Collateral Assignments 4-2-24
ALTA® Endorsement 10.3 - Collateral Assignments and Date Down 4-2-24
ALTA® Endorsement 22.2 - Land Address 1-2-2025
ALTA® Endorsement 36.9 - Energy Project – Minerals and other Subsurface Substances – Land Under Development 01-02-2025
ALTA® Endorsement 42 - Commercial Lender Group 05-02-2024
ALTA® Endorsement 48 - Tribal Waivers and Consents Endorsement 1-10-2025
ALTA® Endorsement 48.1 - Tribal Limited Waiver and Consent Agreement 01-02-2025
STG Down Date Endorsement 1

With the exception of the ALTA 10.2, ALTA 10.3, ALTA 22.2, ALTA 36.9, ALTA 48.1, and STG Down Date Endorsement 1, the above forms and endorsements were adopted by the American Land Title Association as revised and updated forms to coincide with language and coverage revisions in the ALTA 2021 Policy Forms. The following are new endorsements adopted by the American Land Title Association:

• ALTA 10.2 Endorsement - Collateral Assignment and ALTA 10.3 - Collateral Assignment and Date Down: These new endorsements 10.2 and 10.3 are designed to address collateral assignments of an insured mortgage.
• ALTA 22.2 Endorsement - Land Address: This new endorsement will provide coverage for loss or damage if the unimproved land is not known by a specific stated address within the records of a specified entity. These entities could be, for example, the assessor’s office or post office, for a given endorsement issuance.
• ALTA 36.9 Endorsement - Energy Project – Minerals and Other Subsurface Substances – Land Under Development: This new endorsement will provide coverage for removal or alterations of an electric facility that is built according to endorsement defined plans, where the loss or damage results from the later use of the surface to extract (or otherwise develop) subsurface substances, including minerals.
• ALTA 48.1 Endorsement - Tribal Limited Waiver and Consent Agreement: While the ALTA 48 Endorsement provides for a limited waiver of sovereign immunity for a particular transaction, some tribes and tribal entities have their own form of sovereign waiver that they prefer, and in some cases would prefer to provide a waiver for a series of transactions. The ALTA 48.1 Endorsement will provide the option of entering into separate sovereign immunity waiver agreements between an underwriter and the tribal entity. This sovereign immunity waiver agreement would then be referenced and incorporated into the policy by the ALTA 48.1 on each transaction, avoiding the need to require tribal authorization and execution for each and every transaction.

The STG Down Date Endorsement 1 is a Stewart Title Guaranty Company endorsement designed to extend the effective Date of Policy following a title update and also allows for the addition or deletion of any numbered exceptions to the policy. Underwriting of extended coverage (e.g., survey matters, mechanic's liens, taxes, and possession) must be evaluated. The prior endorsements also must be reviewed to verify whether additional requirements are necessary (e.g., a zoning certificate, survey, statement of possession). Matters that were previously insured as subordinate in Schedule B, Part II of a Loan Policy must be reviewed to determine whether they remain subordinate.

The forms and endorsements referred to above were approved by the Arkansas Department of Insurance for use starting May 1, 2025. As a reminder, other forms should not be used if a comparable ALTA version is available. If a comparable ALTA version is available, the most current version of the ALTA form filed in Arkansas should be used, unless approved by a Stewart Title Guaranty Company underwriter.

These forms have been provided to third-party title production system (TPS) vendors. Please contact your TPS vendor or account services representative to have the new/revised forms implemented in your system.

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

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