Regulation. Loan

CLTA/ALTA/NEW MEXICO Endorsement Comparison List CLTA No. Endorsement/Description Policy Form 100 Loan Covers loss from present or future violatio...
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CLTA/ALTA/NEW MEXICO Endorsement Comparison List CLTA No.

Endorsement/Description

Policy Form

100

Loan Covers loss from present or future violations of CC&Rs, encroachments of improvements, or surface entry for mineral development

100.1

Loan Covers loss from present or future violations of CC&Rs, encroachments of improvements, or surface entry for mineral development

NM Form No./Regulation Use NM 50 - See Below CLTA 100.2

Premium 10% of full basic premium $250.00 minimum

Use NM 50 - See Below CLTA 100.2

10% of full basic premium $250.00 minimum

Loan 100.2 (ALTA 9) Covers loss from present or future violations of CC&Rs, encroachments of improvements, or surface entry for mineral development

NM 50: Restrictions, Encroachments and Minerals Endorsement 13.14.8.16

10% of full basic premium $250.00 minimum 13.14.10.34

100.4 100.5

100.6 100.7

100.8

100.12

Covers loss from present violation of CC&Rs Covers loss from present violation of CC&Rs

Loan

N/A

Owner

NM 56: Restrictions, Encroachments and Minerals Endorsement for Unimproved Land and NM 57: Restrictions, Encroachments and Minerals Endorsement for Improved Land 13.14.8.16

Covers loss from present or future violation of CC&Rs Covers loss from present violation of particular provision in CC&Rs Covers loss from present or future violation of particular provision in CC&Rs Insures that reverter, right of reentry or power of termination in CC&Rs is not enforceable

Owner

N/A

Owner

N/A

Owner

N/A

Loan

N/A

10% of full basic premium $250.00 minimum 13.14.10.34

CLTA/ALTA/NEW MEXICO Endorsement Comparison List 100.13

Insures priority of line of deed Loan of trust over assessment liens in CC&Rs

N/A

100.17

Insures that CC&Rs have been properly modified Covers loss from exercise of reverter, right of reentry or power of termination in CC&Rs Insures that there are no present violations of CC&Rs Covers loss from enforcement of CC&Rs based on present violation of CC&Rs

Owner and Loan Owner and Loan

N/A

Owner and Loan Owner and Loan

N/A

Insures approval of plans and specifications as required by CC&Rs Covers loss from exercise of right of surface entry under oil and gas lease Insures that lessee under mineral lease has no right to enter on or use surface Covers loss from violation of CC&Rs because of surface oil drilling Covers loss from damage to improvements resulting from exercise of right to use surface (FHA) Covers loss of mortgage lien or title after foreclosure or unmarketability of title resulting from present violation of CC&Rs Covers loss from present or future violation of particular provision of CC&Rs Covers loss from exercise of surface rights for extraction or development of minerals excepted from description of land or shown as a reservation in Schedule B

Owner and Loan

N/A

Loan

N/A

Loan

N/A

100.18

100.19 100.20

100.21

100.23

100.24

100.25

100.26

100.27

100.28

100.29

N/A

N/A

N/A Lessee: Standard (Leasehold) Owner and N/A Loan

Loan

N/A

Owner and Loan

N/A

Owner

N/A

CLTA/ALTA/NEW MEXICO Endorsement Comparison List 101

Covers loss from lack of priority of insured mortgage over mechanics' liens

101.1

Mechanics' lien insurance after notice of completion Mechanics' lien insurance after notice of completion Mechanics' lien insurance - no notice of completion Mechanics' lien insurance - no notice of completion Mechanics’ lien insuranceregularity of recorded notice of completion and no mechanics’ liens except as listed; liability limited to specific amount Mechanics' lien insurance regularity of recorded notice of completion and no mechanics' liens except as listed; liability limited to face amount of Mechanics' lien insurance covers loss of priority of deed of trust over mechanics' liens arising from separate contract for "off-site" work

101.2 101.3 101.4 101.5

101.6

101.8

Loan

Delete Standard Exception 4 or issue Endorsement A (NM 18: Construction Loan Policy Endorsement 13.14.7.14) or Endorsement D (NM 19: Construction Loan Policy Endorsement 13.14.9.40) N/A

Loan

N/A

Loan

N/A

Owner

N/A

Loan

N/A

Loan

N/A

Loan

N/A

101.9

Owner Mechanics' lien insurance notice of completion describes specific work of improvement on only a portion of land covered by policy; liability limited to specified amount

N/A

101.10

Loan Mechanics' lien insurance notice of completion describes specific work of improvement on only a portion of land covered by policy; liability limited to specified amount

N/A

Endorsement A (NM 18): $5,00 per $1,000.00 13.14.7.14 Endorsement D (NM19): $25.00 13.14.9.40

CLTA/ALTA/NEW MEXICO Endorsement Comparison List 101.11

101.12

101.13 101.14

Mechanics' lien insurance applies only to portion of land covered by policy - no notice of completion; liability limited to specified amount Mechanics' lien insurance applies only to portion of land covered by policy - no notice of completion; liability limited to specified amount Mechanics' lien insurance after notice of completion Mechanics' lien insurance after notice of completion

Loan

N/A

Owner

N/A

Loan

N/A

Loan: ALTA N/A construction loan policy

101.15

Mechanics' lien insurance - no Loan: ALTA N/A notice of completion construction loan policy

101.16

Mechanics' lien insurance after notice of completion on part of land; liability limited to stated amount Mechanics' lien insurance applies only to portion of land covered by policy - no notice of completion; liability limited Mechanics' lien insurance after notice of completion

101.17

101.18 102.4

102.5

102.6

Loan: ALTA N/A construction loan policy Loan: ALTA N/A construction loan policy Loan: ALTA N/A construction loan policy Loan N/A

Insures that foundations are within boundary lines and their location does not violate CC&Rs Loan Insures that foundations are within boundary lines and their location does not violate CC&Rs and they do not encroach onto specified easements

Loan Insures that foundations are within boundary lines and their location does not violate CC&Rs

NM 61 - Foundation Endorsement 13.14.8.24

N/A

$25.00 for 1-4 family residential properties; $50.00 for commercial policies 13.14.10.44

CLTA/ALTA/NEW MEXICO Endorsement Comparison List Loan Insures that foundations are within boundary lines and their location does not violate CC&Rs and they do not encroach onto specified easements Covers loss from exercise of Loan right of use or maintenance of easement by easement holder

N/A

103.3

Loan Covers loss from forced removal of improvements that encroach onto easement

N/A (See NM 50 above) CLTA 100.2

103.4

Insures that insured easement affords ingress and egress to and from specified public street Covers loss from exercise of surface rights for extraction or development of water

102.7

103.1

103.5

103.6

103.7

103.8

103.9 103.10

104

Owner and Loan

Owner and Loan

Insures that improvements do Loan not encroach onto specific easement Insures that land abuts on Owner and existing public street Loan

Covers loss from damage to existing or future improvements (FHA) from exercise of surface rights for extraction or development of water Covers loss from forced removal of encroachment onto Covers loss from use of surface by owner of land below horizontal division of land Insures (1) validity of recorded assignment of beneficial interest; (2) subsisting real property tax or assessment liens; (3) matters shown by public records that affect validity or priority of insured deed of trust; and (4) federal tax liens or bankruptcy

N/A

N/A (Add easement to "Land" as parcel 2 under Schedule A of the policy) N/A

N/A (See NM 50 above) CLTA 100.2 NM 51 - Land Abuts $25.00 Street Endorsement 13.14.10.36 13.14.8.17

Loan

N/A

Loan

N/A

Owner and Loan

N/A

Loan

NM 24 - Assignment of Mortgage Endorsement (No Procedural Regulations)

$25.00 if issued within 6 months of policy; $65.00 if issued more than 6 months from date of policy 13.14.10.8

CLTA/ALTA/NEW MEXICO Endorsement Comparison List 104A

104.1

Insures (1) validity of recorded Loan assignment of beneficial interest; (2) subsisting real property tax or assessment liens; (3) matters shown by public records that affect validity or priority of insured deed of trust; and (4) federal tax liens or bankruptcy Insures (1) validity of recorded Loan assignment of beneficial interest and (2) full or partial reconveyances, modification or subordination of insured deed of trust

N/A

Loan

N/A

104.4

With respect to collateral assignments, insures (1) validity of recorded assignment and (2) full or partial reconveyances, modification or subordination of insured deed of trust

104.6

Covers loss from (1) defects in Loan execution of assignment of lessor's interest in lease or (2) any prior assignment

NM 62 - Assignment $100.00 13.14.10.45 of Rents/Leases Endorsement 13.14.8.25

104.7

Covers loss from prior Loan recorded assignment of rents

NM 62 - Assignment $100.00 13.14.10.45 of Rents/Leases Endorsement 13.14.8.25

104.8

Insures (1) validity of recorded Loan assignment of beneficial interest, with qualifications; (2) subsisting real property tax or assessment liens; (3) matters affecting validity or priority of the insured deed of trust; and (4) federal tax liens or bankruptcy proceedings affecting the estate or interest covered by policy

N/A

CLTA/ALTA/NEW MEXICO Endorsement Comparison List 104.9

Insures (1) validity of recorded Loan assignment of beneficial interest, with qualifications;

N/A

104.10

Insures (1) validity of recorded Loan assignment of beneficial interest, with qualifications; and (2) full or partial reconveyances, modification or subordination of insured deed of trust

N/A (See NM 24 above under CLTA 104) Assignment of Mortgage Endorsement

104.11

With respect to collateral assignments, insures (1) validity of recorded assignment, with qualifications, and (2) full or partial reconveyances, modification or subordination of insured deed of trust

Loan

104.12 (ALTA Covers loss from (1) failure of Loan assignment to vest title to 10) insured deed of trust and (2) modification, reconveyance, release or discharge of lien of recorded deed of trust 104.13 (ALTA Covers (1) validity of recorded Loan assignment of beneficial 10.1) interest, with qualifications; (2) liens for property taxes and (3) federal tax liens or bankruptcy proceedings affecting title to the estate or interest covered by policy

N/A

N/A (See NM 24 above under CLTA 104) Assignment of Mortgage Endorsement N/A (See NM 24 above under CLTA 104) Assignment of Mortgage Endorsement

N/A Accommodates insuring two Loan or more deeds of trust under a single policy 105.1 Accommodates insuring two Loan: CLTA N/A or more deeds of trust under a single policy Owner N/A Insures State of California 106; 106C; 106.1; 106.1C; concerning release or 106.2; 106.2C relinquishment of access rights 105

$25.00 if issued within 6 months of policy; $65.00 if issued more than 6 months from date of policy 13.14.10.8

CLTA/ALTA/NEW MEXICO Endorsement Comparison List 107.1

107.2

107.5

107.9

107.10 107.11

108.7

108.8

108.9

All policies Allocates a designated amount of title liability of policy to each parcel described in Schedule A All policies Increases amount of insurance following issuance of policy

N/A

Loan: Leasehold

N/A

All policies

N/A

All policies

N/A

Loan

N/A

Covers improvements (even if lease designates them as personal property) for purposes of establishing damages Adds additional insured under existing policy, with qualifications Adds addition insured under existing policy Covers loss from invalidity or unenforceability of insured deed of trust if beneficiary has also acquired fee interest

Loan Covers loss concerning (1) vesting of title and (2) subsistence and priority of insured deed of trust with respect to securing additional (optional) advance and increases policy liability by amount of advance Loan Covers loss concerning (1) vesting of title and (2) subsistence and priority of insured deed of trust with respect to securing additional (optional) advance and increases policy liability by amount of advance Owner Covers Department of Veterans Affairs loss concerning vesting of title and defects in or liens or encumbrances on title with respect to advance made under purchase agreement with veteran

N/A (See NM 11 Multipurpose Endorsement) 13.14.8.8

$25.00 within 6 months; $65.00 from date of policy 13.14.10.20

N/A

NM 25 - Additional Advance Endorsement (No Procedural Regulations)

N/A

$25.00 plus additional premium for increased coverage; $50.00 minimum 13.13.10.11

CLTA/ALTA/NEW MEXICO Endorsement Comparison List 108.10

109 110.1 110.3

110.4

110.5

110.6

110.7

110.9 (ALTA 8.1)

Covers defined loss relating to (1) vesting of title and (2) continued priority of insured deed of trust insofar as it secures increased line of credit Insured transfer of lessor's benefits in community lease Amends policy to delete specified exception Insures that mineral interest owner's right of surface entry has been conveyed to owner of surface Insures proper modification of deed of trust - specific provision quoted (no priority coverage) Insures proper modification of deed of trust (express priority coverage) Insures proper modification of deed of trust (express priority coverage) Covers loss from enforcement of specified lien or encumbrance Covers loss from lack of priority of insured residential deed of trust over environmental protection lien

Loan

N/A

Owner and Loan All policies

N/A N/A

Owner and Loan

N/A

Loan

N/A

Loan

N/A

Loan

N/A

Owner and Loan

N/A

Loan

NM 29 Environmental Protection Lien Endorsement (No Procedural Regulations) N/A

110.10

Provides insurance related to Loan modification and additional advance agreement

111

Covers loss of priority of lien Loan of deed of trust on remaining secured land from partial reconveyance Insures that, except to extent Loan of consideration received, a partial reconveyance has not reduced policy liability for loss

N/A

Loan

N/A

111.1

111.2

Insures that subordination agreement did not impair lien of deed of trust

N/A

$25.00 13.14.10.22

CLTA/ALTA/NEW MEXICO Endorsement Comparison List 111.3

Covers loss from (1) impairment of lien of deed of trust on remaining land caused by partial reconveyance 111.4 Insures lender and Housing and Urban Development of validity and priority of insured deed of trust in certain circumstances 111.5 (ALTA 6) For variable rate mortgages, covers loss from (1) invalidity or unenforceability of insured deed of trust from variable interest rate terms or (2) loss of priority of insured deed of trust from change in interest rate 111.6 (ALTA For variable rate mortgages, covers loss from (1) invalidity 6.1) or unenforceability of insured deed of trust from variable interest rate terms or (2) loss of priority of insured deed of trust from change in interest rate, which coverage is conditioned on compliance with specified statutes or regulations

Loan

N/A

Loan

N/A

Loan

NM 14 - Variable Rate Mortgage Endorsement (No Procedural Regulations)

Loan

N/A

111.7 111.8 (ALTA 6.2)

For variable rate mortgages Loan For variable rate mortgages, Loan covers loss from (1) invalidity or unenforceability of insured deed of trust from changes in interest rate, addition of unpaid interest to principal and/or interest on interest, or (2) loss of priority of insured deed of trust from same

N/A NM 15 - Variable Rate Mortgage Endorsement (Negative amortization) (No Procedural Regulations)

111.9

For variable rate FNMA balloon mortgage

N/A

Loan

$25.00 if issued with loan policy; $50.00 is issued subsequent to policy 13.14.10.12

$25.00 if issued with loan policy; $50.00 is issued subsequent to policy 13.14.10.12

CLTA/ALTA/NEW MEXICO Endorsement Comparison List 111.10

111.11

112

112.1

112.2

Revolving credit loan (optional advance)—covers (1) loss from invalidity or unenforceability of insured deed of trust or (2) loss of priority of insured deed of trust for unpaid balance with interest from changes in interest rate in accordance with terms of a specified loan agreement Revolving credit loan (obligatory advance) covers (1) loss from invalidity or unenforceability of insured deed of trust or (2) loss of priority of insured deed of trust for unpaid balance with interest from changes in interest rate under terms of specified loan agreement Amends conditions and stipulations to provide coverage for bondholders Amends conditions and stipulations to provide coverage for bondholders Amends conditions and stipulations to provide coverage for bondholders

114

N/A (See NM 17 Revolving Credit endorsement and NM 44 - Revolving Credit - Increased Credit Limit) (No Procedural Regulations)

Loan

N/A (See NM 17 Revolving Credit endorsement and NM 44 - Revolving Credit - Increased Credit Limit) (No Procedural Regulations)

Loan

N/A

Loan

N/A

Loan

N/A

All policies

NM 32 - Co-Ordinate No premium and Proportional Endorsement 13.14.8.14

All policies

N/A

All policies

N/A

Provides coinsurance segregated liability 114.1 114.2

115

Provides coinsurance - joint and several liability Provides coinsurance - joint and several liability, proportioned loss

$25.00 if issued with loan policy; $50.00 is issued subsequent to policy 13.14.10.12 and 13.14.10.30

Loan

Owner and Insures that the estate or Loan interest covered by policy is a condominium, entitled to be assessed and taxed as separate parcel

NM 30 Condominium Endorsement to Owner's Policy (No Procedural Regulations

$25.00 13.14.10.24

CLTA/ALTA/NEW MEXICO Endorsement Comparison List $25.00 13.14.10.14

115.1 (ALTA 4) Condominiums - covers statutory compliance, violations of CC&Rs, homeowners’ association charges and assessments, separate assessment of real property taxes, encroachments, and exercise of right of first refusal to purchase 115.2 (ALTA 5) Planned unit development covers violations of CC&Rs, homeowners’ association charges and assessments, encroachments, and exercise of right of first refusal to purchase 116 Insures (1) accuracy of street address of designated improvements and (2) sufficiency of policy plat to show record location and dimensions of land 116.1 Insures that land described in policy is same as shown on survey

Loan

NM 12 Condominium Endorsement (No Procedural Regulations)

Loan

NM 13 - Planned Unit $25.00 13.14.10.15 Development Endorsement (No Procedural Regulations)

Loan

NM 52 - Designation $25.00 13.14.10.37 of Improvements Endorsement 13.14.8.18

Loan

$25.00 NM 53 - Same as Survey Endorsement 13.14.10.38 13.14.8.19

116.2

Owner and Loan

N/A (See NM 53 Same as Survey Endorsement) 13.14.8.19 CLTA 116.1 N/A

116.3

Insures (1) accuracy of street address and (2) sufficiency of map or plan to show exterior boundary of condominium project Insures that land described in policy constitutes all or part of later subdivision of land

Owner and Loan

Insures that land described in Owner and Loan policy is contiguous to other land Loan 116.5 (ALTA 7) Insures that term “land” in policy includes manufactured housing unit located on land at date of policy

116.4

NM 54 - Contiguity Endorsement 13.14.8.20 NM 16 Manufactured Housing Unit Endorsement (No Procedural Regulations)

$100 13.14.10.39 $50.00 13.14.10.13

CLTA/ALTA/NEW MEXICO Endorsement Comparison List 116.6

Insures that term “land” in policy includes manufactured housing unit (requires description of manufactured housing unit in endorsement)

116.7

Insures that insured property is lawfully created parcel according to Subdivision Map Act and applicable local ordinances 117 (ALTA 12) Tie-in endorsement used when debt is secured by multiple mortgages or multiple policies 119 Insures validity of lease that has priority over insured deed of trust 119.1 Amends policy to add leasehold exceptions to Schedule B 119.2

119.3

Owner and Loan

Loan

Loan

Owner and Loan

N/A (See NM 16 Manufactured Housing Unit Endorsement (No Procedural Regulations)) N/A

NM 60 - Loan Policy $25.00 13.14.10.43 Aggregation Endorsement 13.14.8.23 N/A

N/A

Loan Insures validity, priority, and subsistence of lease that has priority over insured deed of trust Loan Insures priority of lease that has priority over insured deed of trust in situations involving circuity of lien issues - i.e., relative priority among purchase money deed of trust, lease, and permanent financing deed of trust

N/A

Loan

N/A

119.4

Insures bondholders that sublease is valid and binding at commencement of term

120.2

Insures that deed of trust is subordinate to oil and gas lease Insures priority of obligatory advance over intervening matters - liability limited to face amount of policy

122

Loan

N/A

N/A

Loan

NM 25 - Additional Advance Endorsement See CLTA 108.8 (No Procedural Regulations)

CLTA/ALTA/NEW MEXICO Endorsement Comparison List 122.3

Insures priority of obligatory advance over intervening matters - liability limited to face amount of policy

Loan

123.1 (ALTA 3) Insures zoning classification of Owner and land and broad allowable uses Loan under that classification (vacant land)

123.2 (ALTA 3.1)

124.1

124.2 124.3 125

126

126.1

Insures zoning classification of land, broad allowable uses under that classification, and limited coverage on compliance of existing structure with applicable zoning provisions (improved land) Insures that affirmative and negative covenants in deeds or agreements (except leases) are binding Insures lessor’s affirmative covenants Insures lessor’s negative covenants Covers loss from judicial determination that insured deed of trust lien (or lender’s title after foreclosure) was defeated by valid exercise of Truth in Lending Act’s right of rescission that existed because there was no Regulation Z exemption For owner of single-family residential property, covers specified loss from lack of right of access, mechanics’ lien rights, encroachments, etc. For owner of one-to-four unit residence - covers specified loss from lack of right of access, mechanics’ lien rights, encroachments, etc.

Owner and Loan

Owner and Loan

NM 25 - Additional Advance Endorsement See CLTA 108.8 (No Procedural Regulations) NM 64 - Zoning Endorsement, Unimproved Land 13.14.8.26

15% of the full basic premium rate; $250.00 minimum 13.14.10.47 23% of the full NM 65 - Zoning basic Endorsement, Completed Structure premium rate; $250.00 13.14.8.27 minimum 13.14.10.48

N/A

Lessee and N/A Loan Lessee and N/A Loan Loan NM 48 - Truth-InLending Endorsement 13.14.8.15

Owner

N/A

Owner

N/A

9% of the full basic premium rate 13.14.10.31

CLTA/ALTA/NEW MEXICO Endorsement Comparison List 126.2

Owner For condominium owner covers specified loss from separate assessment of taxes, lack of right of access, mechanics’ lien rights, etc.

N/A

126.3

Same as CLTA 126 except no Owner limitation on number of families Owner Leasehold Owner's Endorsement

N/A

ALTA 13

ALTA 13.1

Leasehold Loan Endorsement

The following ALTA forms are not available in New Mexico:

Form 1 Form 4.1 Form 5.1

Street Assessments Condominium Planned Unit Development

Form 11 Form 14.1

Mortgage Modification Future Advance Knowledge Future Advance - Letter of Credit Nonimputation - Additional Insured Nonimputation - Partial Equity Transfer Mezzanine financing Access and Entry Indirect Access and Entry Single Tax parcel Multiple Tax parcel Contiguity - Single Parcel Creditor's Rights

Form 14.2 Form 15.1 Form 15.2 Form 16 Form 17 Form 17.1 Form 18 Form 18.1 Form 19.1 Form 21

Loan

NM 20 - Leasehold Owner's Policy Endorsement 13.14.6.9 NM 21 - Leasehold Loan Policy Endorsement

No additional premium 13.14.10.9 No additional premium 13.14.10.9