STG Tax Deed Endorsement Guideline 1
Explanation:This endorsement insures that an appurtenant easement not be extinguished by failure to make payments of taxes or assessments on the servient estate. In some states, statutes provide that a tax or assessment foreclosure will not extinguish an easement.
Underwriting Requirements:(1) Verify that all taxes and assessments outstanding and owing on the servient estate have been paid to the current year (or at least through the year of recordation of the easement).
(2) Verify that the easement of the servient estate was executed by the appropriate parties and was recorded so as to constitute constructive notice before the current year.
(3) Verify that state law provides that a real estate tax foreclosure and assessment foreclosure will not extinguish the easement.
(4) An Underwriter must approve issuance of the endorsement.
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):