Page 308 - ALTA Endorsements Guide
P. 308
ADDENDUM RETURN TO TABLE OF CONTENTS
Loan Policy of Title insurance
[2021 v. 01.00 (07-01-2021)]
13. The invalidity, unenforceability, lack of priority, or avoidance of the lien of the Insured Mortgage upon the Title, or the effect of a court order providing an
alternative remedy:
a. resulting from the avoidance, in whole or in part, of any transfer of all or any part of the Title to the Land or any interest in the Land occurring prior
SAMPLE
to the transaction creating the lien of the Insured Mortgage because that prior transfer constituted a:
i. fraudulent conveyance, fraudulent transfer, or preferential transfer under federal bankruptcy, state insolvency, or similar state or federal
creditors’ rights law; or
ii. voidable transfer under the Uniform Voidable Transactions Act; or
b. because the Insured Mortgage constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar state or federal creditors’
rights law by reason of the failure:
i. to timely record the Insured Mortgage in the Public Records after execution and delivery of the Insured Mortgage to the Insured; or
ii. of the recording of the Insured Mortgage in the Public Records to impart notice of its existence to a purchaser for value or to a judgment
or lien creditor.
14. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 13 that has been created or attached or has been
filed or recorded in the Public Records subsequent to the Date of Policy and prior to the recording of the Insured Mortgage in the Public Records.
DEFENSE OF COVERED CLAIMS
The Company will also pay the costs, attorneys’ fees, and expenses incurred in defense of any matter insured against by this policy, but only to the extent
provided in the Conditions.
[Witness clause]
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
By: ______________________________
[Authorized Signatory]
By: ______________________________
[Authorized Signatory]
Visit us online at: oldrepublictitle.com/ncs 308
