Bulletin: GA2021003

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Bulletin: GA2021003

Bulletin Document
V 1
Date: October 15, 2021
To: All Georgia Issuing Offices
RE: RATES AND/OR FORMS UPDATE - New and Revised 2021 ALTA Forms

Dear Associates:

The American Land Title Association (ALTA) recently adopted new/revised forms effective as of July 1, 2021. A list of the new/revised forms is available here.

The new forms and corresponding guidelines are available on Virtual Underwriter in the New ALTA 2021 Forms Page.

You can view webinars and PowerPoints regarding the new ALTA forms by accessing the Webinars page on Virtual Underwriter.

The following new or revised policies are adopted by ALTA, effective as of July 1, 2021, and effective in the State of Georgia as of October 18, 2021:

  • 2021 ALTA Owner’s Policy
  • 2021 ALTA Loan Policy
  • 2021 ALTA Short Form Residential Loan Policy - Assessments Priority
  • 2021 ALTA Short Form Residential Loan Policy - Current Assessments
  • 2021 ALTA Homeowner’s Policy
  • 2021 ALTA Expanded Coverage Residential Loan Policy - Assessments Priority
  • 2021 ALTA Expanded Coverage Residential Loan Policy - Current Assessments
  • 2021 ALTA Short Form Expanded Coverage Residential Loan Policy - Assessments Priority
  • 2021 ALTA Short Form Expanded Coverage Residential Loan Policy - Current Assessments

The notable changes and revisions in the 2021 ALTA Owner’s Policy and the 2021 ALTA Loan Policy include the following:

  •  
    • Use of new or amended defined terms such as Affiliate, Consumer Protection Law, Discriminatory Covenant, Enforcement Notice, Governmental Mortgage Agency or Instrumentality, Insured, Knowledge, Obligor, PACA-PSA Trust, Public Records, and State in the policies and revised endorsements (these terms made changes to some endorsements necessary).
    • Moving some exceptions that became commonplace (such as calculation of area, and PACA-PSA Trust to the jacket as Exclusions).
    • Punctuation and grammatical refinements.
    • Clarification that choice of law will be the State, or to the extent it controls, federal law.
    • Clarification that the choice of forum will be a State court or a federal court.
    • Amendments based on how courts have treated the prior policy language.
    • New coverages and exclusions for both Insured and Insurer.
    • The ALTA 39 Policy Authentication (Electronic Policy/Signature) endorsement will become obsolete. The endorsement’s coverages are now included in the Policy Jacket. However, if requested and the ALTA 39 is available in your state, you may issue upon request.
    • The 2021 ALTA Policies treat the PACA-PSA Trust both as a Covered Risk and an Exclusion. If there is a recorded PACA-PSA Trust Enforcement Notice (such as a lis pendens) and the policy does not except to that recorded notice, it is a Covered Risk. If it is a regular PACA-PSA Trust lien and not recorded in the Public Records, it is excluded.
    • A new definition of the term “Insured” will allow coverage under the 2021 ALTA Owner’s Policy and the 2021 ALTA Loan Policy to continue when the Land is conveyed to an Affiliate, even when there is a monetary exchange.
    • “Enforcement Notice” is a new defined term. This is a document affecting the Title, recorded in the Public Records at the Date of Policy that describes any part of the Land and identifies a violation or enforcement of a law, ordinance, permit, or governmental regulation, exercise of a power, or enforcement of a PACA-PSA Trust.
    • Covered Risk 10 of the 2021 ALTA Loan Policy adds language to clarify and confirm for lenders that the coverage is for certain enumerated components of the Indebtedness.
    • Covered Risk 11.a. on Mechanics Liens (consistent with the ALTA 32 Series endorsements) confirms that the coverage relates to services and equipment, in addition to labor and materials.
    • Exclusion 9 of the 2021 ALTA Loan Policy and Exclusion 7 of the 2021 ALTA Owner’s Policy exclude liability for the quantity of area, square footage, or acreage described in the Land (if any).
    • The Transaction Identification Data that has been a part of ALTA Commitments since 2016 is now formatted into Schedule A of the new 2021 ALTA Policies as well for consistency. It is made clear this information is not insured.
    • The 2021 ALTA Loan Policy adds a new option for the Insured to select the date the Insured Mortgage is extinguished for determination of value. The 2021 ALTA Owner’s Policy adds a new option for the Insured to select the Date of Policy for determination of value if Title to all of the Land is void.

For a detailed list of differences between the 2021 and 2006 ALTA forms and a summary of the advantages to the customer of the new ALTA forms, click here.

The following new or revised Commitments are adopted by ALTA, effective as of July 1, 2021, and effective in the State of Georgia as of October 18, 2021:

  • 2021 ALTA Commitment for Title Insurance
  • 2021 ALTA Short Form Commitment for Title Insurance

The following new or revised endorsements are adopted by ALTA, effective as of July 1, 2021, and effective in the State of Georgia as of October 18, 2021 and may be issued with the 2021 ALTA Owner’s Policy and the 2021 ALTA Loan Policy, if applicable:

·   ALTA 3

·   ALTA 6.2

·   ALTA 11.2

·   ALTA 27

·   ALTA 3.1

·   ALTA 7.1

·   ALTA 12

·   ALTA 28.1

·   ALTA 3.2

·   ALTA 7.2

·   ALTA 12.1

·   ALTA 30

·   ALTA 3.3

·   ALTA 8.1

·   ALTA 14

·   ALT 30.1

·   ALTA 3.4

·   ALTA 10

·   ALTA 14.1

·   ALTA 32

·   ALTA 4

·   ALTA 10.1

·   ALTA 14.2

·   ALTA 32.1

·   ALTA 4.1

·   ALTA 11

·   ALTA 14.3

·   ALTA 32.2

·   ALTA 6

·   ALTA 11.1

·   ALTA 26

·   ALTA 34.1

The ALTA Endorsement 34.1 (Identified Exception and Identified Risk Coverage) (7-1-21) can be issued with either the 2006 or 2021 ALTA Policies.

The 2006 versions of these endorsements must be issued with the 2006 ALTA Owner’s Policy and the 2006 ALTA Loan Policy.

Separate bulletins will address the following endorsements:

  • STG 2021 ALTA Gold Homeowner's Endorsement
  • STG Deletion of PACA-PSA Exclusion Endorsement
  • STG Post Policy Forgery Endorsement

The following ALTA endorsements have not been revised and may be issued with the 2006 and the 2021 ALTA Policies, if applicable.

·   ALTA 1-06

·   ALTA 15.2-06

·   ALTA 25.1-06

·   ALTA 36.4-06

·   ALTA 5-06

·   ALTA 16-06

·   ALTA 28-06

·   ALTA 36.5-06

·   ALTA 5.1-06

·   ALTA 17-06

·   ALTA 28.2-06

·   ALTA 36.6-06

·   ALTA 7-06

·   ALTA 17.1-06

·   ALTA 28.3-06

·   ALTA 36.7-06

·   ALTA 8.2-06

·   ALTA 17.2-06

·   ALTA 29-06

·   ALTA 36.8-06

·   ALTA 9-06

·   ALTA 18-06

·   ALTA 29.1-06

·   ALTA 37-06

·   ALTA 9.1-06

·   ALTA 18.1-06

·   ALTA 29.2-06

·   ALTA 38-06

·   ALTA 9.2-06

·   ALTA 18.2-06

·   ALTA 29.3-06

·   ALTA 39-06

·   ALTA 9.3-06

·   ALTA 18.3-06

·   ALTA 31-06

·   ALTA 40-06

·   ALTA 9.6-06

·   ALTA 19-06

·   ALTA 33-06

·   ALTA 40.1-06

·   ALTA 9.6.1-06

·   ALTA 19.1-06

·   ALTA 34-06

·   ALTA 41-06

·   ALTA 9.7-06

·   ALTA 19.2-06

·   ALTA 35-06

·   ALTA 41.1-06

·   ALTA 9.8-06

·   ALTA 20-06

·   ALTA 35.1-06

·   ALTA 41.2-06

·   ALTA 9.9-06

·   ALTA 22-06

·   ALTA 35.2-06

·   ALTA 41.3-06

·   ALTA 9.10-06

·   ALTA 22.1-06

·   ALTA 35.3-06

·   ALTA 42-06

·   ALTA 13-06

·   ALTA 23-06

·   ALTA 36-06

·   ALTA 43-06

·   ALTA 13.1-06

·   ALTA 23.1-06

·   ALTA 36.1-06

·   ALTA 44-06

·   ALTA 15-06

·   ALTA 24-06

·   ALTA 36.2-06

·   ALTA 45-06

·   ALTA 15.1-06

·   ALTA 25-06

·   ALTA 36.3-06

·   ALTA 46-06

Decertification of the 2006 ALTA Forms is scheduled for December 31, 2022, but the decertification will not prohibit use of the 2006 ALTA Forms. While we prefer to use the 2021 ALTA Forms if acceptable and available in the particular market, we will continue to make the 2006 ALTA Forms available if they are requested by your customers.

The following Closing Protection Letter was adopted by Stewart Title Guaranty Company on August 24, 2021 and is effective in the state of Georgia as of October 18, 2021.

2021 STG Georgia (ALTA Modified) Closing Protection Letter Single Transaction Form (“GA1”)

The following Closing Protection Letter was adopted by Stewart Title Guaranty Company on October 6, 2021 and is effective in the state of Georgia as of October 18, 2021.

2021 STG Georgia Seller Closing Protection Letter Single Transaction Form (“GA3”)

The following Closing Protection Letters have been withdrawn by Stewart Title Company effective in the state of Georgia as of October 18, 2021.

Georgia Single Transaction Closing Protection Letter Revised May 23, 2012

Georgia Multiple Transactions Closing Protection Letter dated May 23, 2012

Georgia Seller Closing Protection Letter dated May 23, 2012

As a reminder, the most current version of the ALTA form available in each state for issuance with the applicable version of the ALTA Policy should be used, unless approved by a Stewart underwriter.

Please contact Property Info Customer Care at customercare@stewart.com or your title production software vendor to have the new forms uploaded to your system.

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

For on-line viewing of this and other bulletins, please log onto www.vuwriter.com.

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.


References

Bulletins Replaced:
  • None
Related Bulletins:
  • None
Underwriting Manual:
  • None
Exceptions Manual:
  • None
Forms:
  • None