T-36 Guideline - TX Environmental Protection Lien Endorsement
This endorsement is only issued in conjunction with a Loan Policy covering primarily residential property.
Paragraph (a) insures that there are no environmental protection liens filed in the public records which have priority over the lien of the insured mortgage unless excepted in Schedule B.
Paragraph (b) insures that there are no state statutes which provide that liens filed after the Date of Policy would have priority over the lien of the insured mortgage, except for those specifically excepted under paragraph (b).
Please also see P-9b(9) and R-11g as applicable to endorsement T-36.
(1) This endorsement may be issued only on property which is improved, zoned, restricted, or under construction for, residential purposes.
(2) You are required only to review your local public / land records for liens filed. You are not required to check the federal district court clerk's office.
(3) In Texas, TDI T-36 endorsement excludes the following matters:
Texas - Tex. Health & Safety Code §§361.194, 342.007, 342.008; Texas Local Gov't. Code §214.0015(b), (d), and (e), 214.001; and Tex. Nat. Res. Code §134.150, if applicable;
For further guidance, refer to the applicable subsections in Section 11.04 of the National Underwriting Manual on Virtual Underwriter http://www.vuwriter.com/vumanuals.jsp?displaykey=UM00000208
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):