T-16 Guideline - Texas Loan Policy Aggregation Endorsement - Loan to T-2 Loan Policy

Organizational Guidelines
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T-16 Guideline - Texas Loan Policy Aggregation Endorsement - Loan to T-2 Loan Policy

Guideline Document
V 7

Explanation:

The Texas Loan Policy Aggregation Endorsement (T-16) is also known as a "tie-in," "cluster," or "spreader" endorsement. In multi-site loan transactions, mortgages securing the debt are frequently recorded in multiple jurisdictions or states, and it is impractical to issue a single Loan Policy for all the covered sites. The value of each property encumbered by the mortgage may be less than the total amount of the secured debt. This Endorsement aggregates the Amounts of Insurance of each Loan Policy listed in the Endorsement into one Aggregate Amount of Insurance for all Loan Policies listed, and creates the same result as a single Loan Policy covering multiple sites. In the event of a loss, this Endorsement permits the insured to take advantage of any increase in the value of a particular property.

This Endorsement is issued with a Loan Policy on commercial transactions. It is not designed to be issued with an Owner's Policy.

In some circumstances, the Aggregate Amount of Insurance for a particular state may be less than the Aggregate Amount of Insurance for the entire transaction. This may occur, for example, if the Company’s self-imposed or statutory limits for single risks in a particular state are less than the Aggregate Amount of Insurance for the entire transaction or if a particular state requires payment of mortgage recording tax on the nominal amount of debt secured.

T-16 Loan Policy Aggregation Endorsement may be used in situations where the Aggregate Amount of Insurance does not exceed the Company’s self-imposed or statutory limits for single risks in Texas. 

Underwriting Requirements:

Please also see P-9b(13) and R-11j as applicable to endorsement T-16.
  1. A Stewart Title Guaranty Company underwriter must approve issuance of this Endorsement.
  2. Two or more Loan Policies must be issued by the Company or by Stewart and another title insurance company.
  3. The stated amount of the mortgage or deed of trust that is recorded in each state must equal the Aggregate Amount of Insurance stated in the Aggregation Endorsement; i.e., each mortgage, on its own, must be capable of securing the full amount of the secured debt.
  4.  In Section 1 of the Endorsement, insert a list of all aggregated Loan Policies. In Section 3a of the Endorsement, insert the Aggregate Amount of Insurance for all Loan Policies (i.e., the total).  In Section 3b of the Endorsement, insert the state-specific Aggregate Amount of Insurance for all Loan Policies.
  5. If the endorsement is being issued with coinsurance, then one of the following will apply:
    1.     Stewart Title Guaranty Company issues its own policy for the amount of its share of liability, in which event the aggregation endorsement should show the total of all policies issued by STGC.
    2.     One coinsurer issues the policy for each state and each additional coinsurer issues a T-48 in accordance with P-6.c., in which event the aggregate liability in the T-16 is the aggregate amount of liability assumed by STGC.

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

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.

This guideline applies to the following form(s):
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