Guideline: ALTA Endorsement 11.1 (Mortgage Modification with Subordination)

Organizational Guidelines

Guideline: ALTA Endorsement 11.1 (Mortgage Modification with Subordination)

Guideline Document
11/24/2009
V 1

Explanation:

This endorsement insures the lender against loss or damage sustained by the Insured by reason of: (a) the invalidity or unenforceability of the lien of the Insured Mortgage upon the Title as a result of the Modification; (b) the lack of priority of the lien of the Insured Mortgage over defects in or liens or encumbrances on the Title, except those in the policy and prior endorsements and except those set forth in the endorsement; and (c) the failure of specified matters to be subordinate to the lien of the Insured Mortgage. This endorsement is designed for issuance when a lien is subordinated by agreement to the insured mortgage in connection with the modification of the insured mortgage.  ALTA Endorsement 11 (Mortgage Modification) should be used for issuance in connection with modifications where no subordination was executed. The endorsement does not insure against creditors' rights issues arising out of the modification.

ALTA 11.1-06 is designed to be issued with a 2006 ALTA Loan Policy.  ALTA 11.1 (07-01-21) contains modifications to align the endorsement to the terms of the 2021 ALTA Loan Policy and is designed to be issued with the 2021 Loan Policy.  Where available, use the version of the endorsement designed for the applicable policy, unless approved by a Stewart Title Guaranty Company underwriter.  It is not necessary to indicate “-06” or the parenthetical (date) on the endorsement attached to the policy.

Underwriting Requirements:

You must be furnished with a satisfactory subordination to confirm that the lien is subordinated to the insured mortgage.  If you receive a satisfactory subordination, you may describe the original lien as affected by the subordination, in section of the endorsement designated for subordinate matters; and

1. Search the public records from the Date of Policy of the mortgage and secure a name search of the mortgagors and successors in ownership, if any.

2. Require joinder in the modification by the current owners of the estate or interest in the land and require proof of authority by those signing on behalf of the current owners.

3. If the mortgage covers a lease, require a current estoppel and consent by the lessor.

4. If the policy reflects a mortgage or other lien in Schedule B, Part II (as subordinate), require new subordination by the lienholder or except in the section of the endorsement designated for exceptions.

5. If your search reflects intervening matters such as mortgages, liens, covenants or easements, require subordinations or except in the section of the endorsement designated for exceptions.

6. If your search reflects a notice of bankruptcy by the owner, require a final nonappealable order authorizing the modification.

7. If your search reflects a partial release, reconveyance or discharge of the mortgage, except in the section of the endorsement designated for exceptions. If your search reflects a full release, reconveyance or discharge, do not issue this endorsement.

8. If your search reflects that the record mortgage holder is not the current lender on the modification, require an assignment from that holder

9. Secure a current tax and assessment search. Except under  to unpaid taxes and assessments in the section of the endorsement designated for exceptions.

10. Verify that the mortgage as modified does not secure advances for construction and that there has been no recent lienable work of improvement.

11. Verify the parties in possession. If the Loan Policy does not contain an adequate exception, add an exception to those rights in in the section of the endorsement designated for exceptions.

12. Require a current survey, unless our survey guidelines do not require a survey, or unless you except to survey matters arising subsequent to Date of Policy.

13. Record the Modification.

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.

Any revision to this form requires approval of a Stewart Title Guaranty Company underwriter. 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.