NM Limited Title Search Policy 36
New Mexico Superintendent of Insurance withdrew this endorsement by administrative order
LIMITED TITLE SEARCH POLICY NOTICE
This policy is not a standard ALTA Loan Policy. The search procedure conducted by the agent or insurer for issuance of this policy is less comprehensive than the search and examination procedures required for issuance of a standard ALTA Loan Policy. The search is limited in the following respects:
1. Only the records of the County Clerk's Office where the land is located are searched. Pending litigation, including divorce, bankruptcy, and probate proceedings will not be included in the search unless a notice of lis pendens has been filed during the search period in the County Clerk's records. Similarly tax and assessment liens not recorded in the County Clerk's records will not be included in the search.
2. No examination of the search will be performed and no inquiry or determination as to recorded or unrecorded documents will be made. If such services required, an ALTA Loan Policy must be issued.
3. The records will only be searched from the recording date of the purported conveyance document shown in Schedule A, Paragraph A to the date shown in Paragraph C.
4. This policy does not require or provide for the insurer to defend in event of a claim.
5. Consult with your attorney about the meaning and coverage of this policy.
POLICY OF TITLE INSURANCE ISSUED BY
STEWART TITLE GUARANTY COMPANY
Subject to the conditions and stipulations hereof, Stewart Title Guaranty Company, a Texas corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, sustained or incurred by said insured by reason of any defect, lien, encumbrance, or unmarketability of title resulting from incorrectness of the assurances set forth in Schedule A.
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A.
(b) "insured claimant": an insured claming loss or damage hereunder.
(c) "loss or damage": the out of pocket loss suffered by the insured in reliance upon the assurances of this policy.
(d) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records.
(e) "land": the land described, specifically or by reference in Schedule A, and improvements affixed thereto which by law constitute real property.
2. NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT
The insured shall notify the Company promptly in writing in case knowledge shall come to an insured hereunder of any claim for which the Company may be liable by virtue of this policy. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice.
3. PROOF OF LOSS OR DAMAGE - LIMITATION OF ACTION
In addition to the notice required under Paragraph 2 of these Condition and Stipulations, a proof of loss or damage, signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain or determine the facts giving rise to such loss or damage. Such proof of loss or damage shall describe the matter insured against by this policy which constitutes the basis of loss or damage, and, when appropriate, state the basis of calculating the amount of such loss or damage.
Should such proof of loss or damage fail to state facts sufficient to enable the Company to determine its liability hereunder, insured claimant, at the written request of the Company, shall furnish such additional information as may reasonably be necessary to make such determination.
No right of action shall accrue to insured claimant until 30 days after such proof of loss or damage shall have been furnished.
Failure to furnish such proof of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage.
4. OPTIONS TO PAY OR OTHERWISE SETTLE
The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim insured against, or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of loss or damage or the amount of insurance under this policy.
5. DETERMINATION AND PAYMENT OF LOSS
(a) The liability of the Company under this policy shall in no case exceed the least of:
(i) the actual loss of the insured claimant because of reliance on the assurances herein set forth; or
(ii) the amount of insurance stated in Schedule A.
(b) When the amount of loss or damage has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter.
6. LIMITATION OF LIABILITY
No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged lien or mortgage insured against hereunder, by litigation or otherwise, removes such lien or mortgage within a reasonable time after receipt of such notice; (b) in the event of litigation, until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the assurances of this policy; or (c) for liability voluntarily admitted or assumed by an insured without prior written consent of the Company.
7. REDUCTION OF INSURANCE; TERMINATION OF LIABILITY
All payments under this policy shall reduce the amount of insurance pro tanto.
8. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have paid or settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and the Company is hereby authorized and empowered to sue, compromise or settle in its name or in the name of the insured to the full extent of the loss sustained by the Company. If requested, the insured shall execute any and all documents to evidence the within subrogation. If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Company, in that event, shall as to such insured claimant be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation.
9. LIABILITY LIMITED TO THIS POLICY
This instrument together with all endorsements and other instruments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company.
Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy.
No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company.
No Payment shall be made without producing the policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company.
10. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at the office which issued this policy or to:
Stewart Title Guaranty Company
P.O. Box 2029
Houston, Texas 77252-2029
No guidelines are available for this form at this time.