Title Insurance Coverage for Real Estate Counsel: ALTA Coverage and Endorsements for Owners and Lenders

Counsel involved in the sale, purchase, or financing of commercial real estate must understand the critical role of title insurance in insuring against risks. Counsel can evaluate coverage and endorsements that provide the optimal protection for clients.

Practitioners must understand the intricate details of title insurance policies and current coverage trends, including all recent ALTA endorsements, to effectively advise property owners, investors, lenders, and developers.

And parties must address survey issues with the title company (and purchasers and lenders) and know which survey or other endorsements can resolve survey matters.

Listen as our authoritative panel discusses current trends in title insurance coverage and strategies for negotiating coverage and endorsements that will help avoid coverage gaps.

I. The 2021 ALTA policy provisions

A. Covered risks

B. Exclusions from coverage

C. Conditions

D. Schedules A and B

II. 2021 ALTA policy provisions vs. 2006 ALTA policy provisions

III. Endorsements most commonly requested in the current environment

A. Owners' policy

1. Non-imputation: ALTA 15 Series

B. Loan policy

1. Survey (land same as) ALTA 25-06

2. Access ALTA 17-6

3. Contiguous land ALTA 19 series

4. Zoning ALTA 3 and 3.1

5. Mezzanine financing ALTA 16

6. Construction ALTA 32

7. Mortgage tax 38-06

8. First loss 20-06

9. Cluster 12-06

10. ALTA 9 series, with the ALTA 28 encroachment and ALTA 35 minerals endorsements

11. ALTA endorsement for Policy Authentication ALTA 39-06

The panel will review these and other high priority issues:

• What are the latest trends and developments in title insurance coverage?
• What types of coverage are most common in the current environment?
• What are the available title insurance endorsements under ALTA and elsewhere, and what documentation is necessary to obtain these endorsements?