T-24.1 Guideline - Mezzanine Financing
A Mezzanine Loan usually involves an equity loan secured by pledges of the ownership interests in the titleholder or in upstream owners of interests in the titleholder. Mortgage financing might be for 75% or less of the land value, and an additional 10-15% financing may be Mezzanine Financing. The Mezzanine Lender does not secure a mortgage on the land, or a Loan Policy, but does secure title insurance by a Mezzanine Endorsement to the Owner's Policy. The Mezzanine Lender may request a separate UCC Title Insurance Policy, which is available in Texas through Stewart Title Guaranty Company. Contact a Stewart underwriter for additional information about UCC policies.
The Mezzanine Endorsement (1) makes the Mezzanine Lender an assignee of payments under the Owner's Policy not to exceed the debt owed to the Mezzanine Lender (but does not name the Mezzanine Lender as an additional insured) in paragraph 2 of the Endorsement, (2) provides Non-imputation coverage to the Mezzanine Lender in paragraph 4 of the Endorsement, (3) includes "Fairway" coverage in paragraph 5 of the Endorsement, acknowledging that coverage will not be adversely affected because of transfer of ownership interests (direct or indirect) in the insured, (4) expressly retains a right to interplead in paragraph 7 of the Endorsement, and (5) reserves the title insurer's subordinate rights of subrogation and indemnity after the Mezzanine Lender has recovered its indebtedness in paragraph 8 of The Endorsement.
Per P-55, the Mezzanine Endorsement must be issued to a concurrently issued Owner’s Policy (T-1) on land which is not residential real property.
Also see R-31 for the Premium for the T.24.1.
1. We require execution of the ALTA Non-imputation Affidavit 1 by the "Insured" under the Owner's Policy.
2. Signature of the insured named in Schedule A of the Owner's Policy on the Mezzanine Endorsement, evidencing its consent. Otherwise, require a separate letter from the insured consenting to issuance of the Mezzanine Endorsement.
3. Name the Mezzanine Lender in paragraph 1 of the Endorsement and secure the signature of the Mezzanine Lender on the Endorsement.
4. A Stewart Title Guaranty Company Senior Underwriter or Associate Senior Underwriter must approve issuance of this Endorsement.
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):