Appendix D: Checklist of Title Endorsements

AuthorGregory M Stein - Michael D Goodwin - Morton P Fisher Jr
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
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
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
ste54861_10_app_365-516.indd 431 8/4/16 3:28 PM

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