LA ALTA Endorsement Form 4.1 Condominium
Explanation:The condominium endorsement may be issued in connection with the issuance of a Mortgagee's or Owner's policy on a residential unit of a condominium. Each of the separately stated coverage's contained in the condominium endorsement may be issued either with or without the others.
This endorsement insures that the condominium project was created in accordance with state law, that there are no maintenance liens or forfeiture provisions with priority over the lien of the insured mortgage, and that there can be no exercise of a right of first refusal in connection with the current or prior transactions. The endorsement may be attached to an Owner's or Mortgagee's Policy. Underwriting requirements are:
- The initial examiner of the condominium must verify
that the condominium declaration complies with all statutory requirements and
that any conditions to creation of the condominium (such as record evidence of
completion in some states) have been met.
- All taxes for years prior to the time that the units are entitled to separate
Note: It is recommended with new construction that you verify whether taxes will be assessed as separate units
or notify the buyer to contact taxing authorities for billing information.
- The restrictions disclosed by the examination must
not contain any forfeiture or reversionary provision (unless they are, by
their express terms, subordinate to the lien of
the insured mortgage).
- If the declaration creates a lien for maintenance
assessments, all assessments outstanding for the period of time prior to
closing must be paid and the declaration must state that the assessment lien
is subordinate to the lien of the insured mortgage. In the states of Alabama,
Alaska, Colorado, Connecticut, District of Columbia, Florida, Massachusetts,
Minnesota, Nevada, Oregon, Pennsylvania, Rhode Island, Washington, and West
Virginia state law provides that certain condominium assessments have priority
over first mortgages. In those states, do not issue the ALTA Endorsement 4 on
first mortgages unless you delete paragraph 4 or unless you add an exception
pursuant to our local
underwriting guidelines; otherwise, you should issue the ALTA 4.1 endorsement
states or you should secure specific underwriter approval. In many states, assessment liens are superior to all mortgages except first mortgages. In all states issue only the ALTA 4.1 endorsement on Loan policies covering subordinate mortgages unless you
secure Underwriter approval to issue the ALTA 4 endorsement.
- If the declaration creates a right of first refusal, you must verify with
the association that
the right is waived or ineffective as to the current and prior transactions.
- If the condominium creates commercial condominium units, then you must
any prior restrictions do not prohibit use for commercial purposes; otherwise, you must
delete the first sentence of paragraph 3.
- Have your abstractor run the condominium name to verify that all amendments
condominium declarations have been obtained.
Do not issue this endorsement if you know of any significant encroachment or
Coverage differences between a 4.0 and a 4.1 are located in coverage item #4.
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