Underwriting Manual: Agreements Not To Transfer Or Encumber

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Standard Exceptions

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Table of Contents

Underwriting Manual Subtopic
1.40.1

In General

08/18/2005
V 3

Occasionally, lenders make loans that are not secured by any real property.

In these situations, it is customary for lenders to secure from the borrower(s) an agreement to the effect that the borrower(s) will not convey or encumber certain specified real property until the debt referred to in the agreement has been paid in full.

Generally, this kind of agreement is known as an "Agreement not to Convey or Encumber" or an "Agreement not to Transfer or Encumber".

Any agreement not to transfer or encumber must be properly released of record prior to closing, or if not, must be shown as a title exception in the policy.