Guideline: ALTA Endorsement 49 (Forgery - New Owner’s Policy - Residential) (10-16-25)

Explanation:

ALTA Endorsements 49 and 49.1 both provide insurance against loss or damage sustained by reason of a defect in title caused by a forgery of a deed or mortgage recorded in the Public Records after the Date of Policy in which the Insured was impersonated as the grantor.

Similarities:

Both ALTA Endorsement 49 and 49.1 can be issued only if the Land is a 1-to-4 family residence and the Insured is a Natural Person or Estate Planning Entity, as defined in the endorsement.

Neither ALTA Endorsement 49 nor ALTA Endorsement 49.1 can be issued with any ALTA Homeowner’s Policy of Title Insurance at any time.

The Land must be owner occupied or occupied by a beneficiary of the trust at the time of issuance of the endorsement.

Differences:

ALTA Endorsement 49 is designed to be issued simultaneously with the issuance of a new ALTA Owner’s Policy.

ALTA Endorsement 49.1 is designed to be issued to an existing ALTA Owner’s Policy (2006 or 2021) with the Date of Endorsement being subsequent to the original Date of Policy.

Underwriting Requirements:

1. Confirm that the Insured under the new ALTA Owner’s Policy to be issued will be a Natural Person or Estate Planning Entity.
2. Confirm that the Land is improved with a 1-to-4 family residence.
3. Obtain a written statement from the proposed Insured confirming that: (a) they have no knowledge of any impersonation of the Insured, and (b) the property is occupied by the Insured or a beneficiary of the trust.