NY TIRSA EPL Guideline 8.1
Explanation:Purpose Of Endorsement:
The endorsement insures against loss or damage suffered by the mortgagee as a result of recorded environmental protection liens or litigation filed in the U.S. District Court, excluding liens created under state statutes providing for environmental protection liens which may be super liens or secret liens without any requirement that an instrument be recorded.
Underwriting Requirements:Requirements For Issuance:
(a) These endorsements are available for property which is primarily residential. The New York City version is intended for use where the insured property is located within New York City, and the governmental agencies form is formortgages made by the State of New York or a public benefit corporation thereof, or by federal agencies. The governmental agency endorsement indicates that it can be used for residential, hospitals and nursing homes. Do not use the governmental agency form if the governmental agency is the mortgagee;
(b) The land records must be searched for any environmental lien which may be filed, and the records of the United States District Court for the district in which the land is located must be searched for any record of environmental liens or litigation; particular note must be taken to check the county land records for inactive hazardous waste disposal sites (see RPL §316-b);
(c) If any state statutes (or administrative code provisions in New York City) provide for an environmental lien without the requirement of record notice, aside from Public Health Law §1307 (which does not apply in New York City, hence the separate endorsement citing NYC Administrative Code sections), that statute must be added to the applicable endorsement.
Issued With The Following Policies:
These endorsements are for loan policies only.
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):None