Appendix D: Checklist of Title Endorsements

• Author: Gregory M Stein - Michael D Goodwin - Morton P Fisher Jr
• Pages: 431-432

Appendices 431

Appendix D

Checklist of Title Endorsements

Note: The buyer’s lawyer should remember that some states limit the

availability of title endorsements, that not every title company offers all

of these endorsements, that insurers charge an additional fee for some of

these endorsements, and that some endorsements have different names

in different states. The buyer’s lawyer should discuss title endorsements

with the title company representative when first placing the order for title

insurance.

Access Endorsement: Insures against loss or damage sustained by the

insured if the land does not have actual vehicular and pedestrian access to

and from an adjacent public street.

Condominium Endorsement: Insures that the overall premises

constitutes a valid condominium regime and protects the policyholder

from any failure of title arising out of the exercise of a right of first refusal

by the condominium board.

Contiguity Endorsement: Protects against loss or damage sustained of

failure of the parcels that make up the land to be contiguous.

Environmental Protection Lien Endorsement: Protects against any loss

or damage arising from the insured mortgagee not having priority over

any environmental protection lien filed in accordance with state law.

Fairway Endorsement: Preserves policy coverage upon the

recharacterization of a partnership or a limited liability company as a

corporation.

Mezzanine Financing Endorsement: Provides that (i) there will be no

denial of coverage as the result of the transfer of any membership interests

in owner to the mezzanine lender; and (ii) the title insurer waives its right

of subrogation and indemnity against any of the insured owner’s equity

owners until the mezzanine loan is paid in full.

Non-Imputation Endorsement: Prohibits the use of the defense of

“knowledge imputed by law” and is commonly requested when the

proposed insured entity owner does not want any knowledge of the

transaction “imputed” or transferred to the proposed owner by other

parties connected to the entity owner, such as outgoing members, partners,

managers, or officers of the entity owner.

Restrictions, Encroachments, and Minerals Endorsement: Insures

against loss or damage sustained by reason of the existence of any of

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