Page 46 - Guide to the Most Requested Commercial Title Insurance Endorsements eBook

ALTA Table of Contents Quick Reference Index

ENDORSEMENT 1 2 3 1 2 3 4 5 6

Mortgage Modification
ALTA 11 Endorsement

ENDORSEMENT
Attached to Policy No.
Issued by
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY

1. The Company insures against loss or damage sustained by the Insured by reason of:
The invalidity or unenforceability of the lien of the Insured Mortgage upon the Title at the Date of
Endorsement as a result of the agreement dated _________, recorded _________ (“Modification”); and
The lack of priority of the lien of the Insured Mortgage, at the Date of Endorsement, over defects in or
liens or encumbrances on the Title, except for those shown in the policy or any prior endorsement and
except: _________
This endorsement does not insure against loss or damage, and the Company will not pay costs, attorneys’
fees, or expenses, by reason of any claim that arises out of the transaction creating the Modification by reason
of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights law that is based on the
Modification being a:
fraudulent conveyance or fraudulent transfer;

voidable transfer under the Uniform Voidable Transactions Act; or
preferential transfer to the extent the Modification is not a transfer made as a contemporaneous
exchange for new value or for any other reason unless the preferential transfer results solely from the
failure:
to timely record the Modification in the Public Records after execution and delivery of the Modification to
the Insured; or
of the recording of the Modification in the Public Records to impart notice of its existence to a purchaser
for value or to a judgment or lien creditor.

This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii)modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of
this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of
the policy and of any prior endorsements.
Date:

Authorized Signatory

4 NCS Commercial Endorsement Guide | oldrepublictitle.com/ncs 46