Looking At Florida Title Insurance Endorsements

Title Insurance in Florida is issued using standard policies and endorsements, which vary depending on the insured property. Please see the chart below for a list of endorsements, along with a brief explanation. If you have any questions about endorsements or any other aspect of title insurance, please contact one of our knowledgeable real estate attorneys. Contact us online, or call 866-583-9129.

 

Endorsement Description Policies Issued With Underwriting Approval Required
ALTA 2-06 Truth in Lending Endorsement: This endorsement insures against the termination of the lien of the insured mortgage or loss of title to the security resulting from the right of the borrower to rescind. Note, however, that the coverage is limited to the insured mortgage being “excepted from” or “except to” with regards to the consequences of the Act. Loan Yes
ALTA 4.1-06 Condominium Endorsement: This endorsement insures that:
i. The unit is part of the condominium;

ii. The condominium documents comply with state requirements;

iii. There are no violations of restrictive covenants and that said documents contain no provisions which cause a forfeiture or reversion of title;

iv. The mortgage has priority over liens for charges and assessments;

v. The unit will be assessed as a separate parcel for real property taxes;

vi. There is no obligation to remove any improvements due to encroachments; and

vii. There have been no prior right of first refusal which would defeat title.

Loan & Owner No
ALTA 5.1-06 Planned Unit Development Endorsement: This endorsement provides insurance that:

i. There are no violations of restrictive covenants, and any violation of the covenants will not cause a forfeiture or reversion of title;

ii. The mortgage has priority over liens for charges and assessments by any homeowner’s association;

iii. No existing structure will have to be removed because of any encroachment; and

iv. there has been no prior right of first refusal which would defeat title.

Loan & Owner No
ALTA 6-06 Variable Rate Mortgage Endorsement: This endorsement provides insurance against the invalidity, unenforceability or loss of priority of the lien of the insured mortgage as a result of the changes in the interest rate. Loan No
ALTA 6.2-06 Variable Rate Mortgage Endorsement: Negative Amortization: This endorsement provides insurance against the invalidity, unenforceability or loss of priority of the lien as a result of changes in the rate of interest, “interest on interest” and/or “the additional unpaid interest to the principal balance of the loan.” Loan No
ALTA 7-06 Manufactured Housing Unit: This endorsement provides insurance that the definition of “land” in the Policy includes the manufactured housing unit located on the land as of the date of the Policy. Loan & Owner No
ALTA 8.1-06 Environmental Protection Lien: This endorsement provides limited insurance that no environmental protection lien has been filed of record or provided for by state law as of the date of the Policy that has priority over the mortgage. Loan No
ALTA 9-06 Restrictions, Encroachments and Minerals Endorsement: This endorsement provides insurance against loss or damage resulting from the violations of deed restrictions, encroachments and set back lines existing as of the date of the policy and in the future. Loan No 9.3-06 is also available
ALTA 9.1-069.2-06 & 9.5-06 Restrictions, Encroachments and Minerals Endorsement: This endorsement provides insurance against loss or damage resulting from the violations of deed restrictions, encroachments and set back lines existing as of the date of the policy. Owner’s policy only. Owner No 9.1-06 Unimproved Land 9.2-06 Improved Land 9.5-06 Improved Land
ALTA 10-6 Assignment of Mortgage Endorsement: This endorsement assures that the insured mortgage has been duly assigned to the assignee named in the endorsement. Loan No
ALTA 11-06 Mortgage Modification Endorsement: This endorsement insures against loss or damage by reason of the invalidity or unenforceability of the lien of the insured mortgage as a result of the modification and against lack of priority of the mortgage, as of the date of the endorsement, over defects, liens or encumbrances on the title except to the extent shown on the policy. Loan

*See Explanation Below

No
*This endorsement is to be used with the 2006 ALTA Loan Policy if the modification does not trigger substitution loan rates. If the mortgage modification does trigger substitution loan rates, then endorse the policy using a blank endorsement.If a 1992 ALTA Loan Policy was issued and the modification does not trigger substitution loan rates, then endorse the policy using a blank endorsement. If the mortgage modification does trigger substitution loan rates, the agent should issue a new 2006 Loan Policy. No
ALTA 12-06 Aggregation Endorsement: This endorsement provides insurance when a mortgage is secured by more than one property. It recites all the policies and aggregates the insurance for all of the policies identified in the endorsement. Florida properties only. Loan & Owner No
ALTA 13-06 Leasehold Endorsement: This endorsements converts the Owner’s Policy to a leasehold Owner’s Policy. Owner No
ALTA 13.1-06 Leasehold Endorsement: This endorsement converts the Loan Policy into a leasehold Loan Policy. Loan No
ALTA 14.1-06 Future Advance – Knowledge Endorsement: This endorsement provides insurance for the continued priority of a mortgage securing both principal and interest of a loan for advances made to Borrower after date of Policy. This endorsement does not insure against loss of priority after Lender had knowledge of the existence of intervening liens. Loan No
ALTA 14.2-06 Future Advance – Letter of Credit Endorsement: This endorsement provides insurance for the continued priority of a mortgage securing both principal and interest of a loan for advances made to Borrower after date of Policy, and the future advance being made is to post or maintain a letter of credit. Loan No
ALTA 14.3-06 Future Advance – Reverse Mortgage: This endorsement insures the validity and priority of post-policy advances and assure that the priority and validity of the mortgage are not impeded by provisions which provide for interest on interest or changes in the rate of interest. Loan No
ORT FORM 3563 Florida Revolving Credit Endorsement: This endorsement provides insurance coverage for advances made subsequent to the date of the policy and, pursuant to the terms of the insured mortgage, shall be included within the coverage of this policy. Loan No
ORT FORM 3565 Florida Navigational Servitude Endorsement: This endorsement provides insurance against loss or damage sustained by reason of forced removal pursuant to a final judgment in favor of the US government requiring removal of improvements on the land which formerly constituted navigable waters because the improvements constitute an obstruction of the navigable waterways. Loan & Owner Yes
ORT FORM 3566 Florida Shared Appreciation Endorsement: This endorsement provides insurance to the Lender that the mortgage will not be rendered invalid or unenforceable as a result of any shared appreciation feature in the mortgage. Loan No
ORT FORM 3567 Florida Additional Interest Endorsement: This endorsement insures the validity and enforceability, as well as the priority of those provisions of the insured mortgage which provide for “additional interest” or “contingent interest.” Loan No
ORT FORM 3568 Florida Option Endorsement: This endorsement insures the following: i. A that the option is enforceable between the parties and ii. B that it has priority over subsequent matters. Loan & Owner No
ORT FORM 3569 Florida Change of Partners, Members or Shareholders: This endorsement does not insure the validity of the substitution of partners, only that the title insurance company will not deny that the partnership is insured under the policy. Owner No
ORT FORM 3570 Florida Contiguity Endorsement: This endorsement insures that the parcels are contiguous and that there are not gaps or gores between the parcels insured under a single policy. All insured properties must be located in Florida. Owner & Loan No
ORT FORM 3571 Survey Endorsement: This endorsement insures that the land described in Schedule are the same lands described in the survey. The company does not insure the accuracy of the survey. Owner & Loan No
ORT FORM 3572 Florida Construction Loan-Update Endorsement: This endorsement serves two purposes, first, where the policy contains a pending disbursement clause, it increases the amount of coverage and it lists any items recorded since the effective date (or prior update) of the policy, and insures that such items are subordinate to the insured mortgage; and second, provides the lender with a means of monitoring that the construction loan funds are being properly used. Loan No
ORT FORM 3573 Florida Foreign Currency Endorsement: This endorsement provides coverage against invalidity or loss of priority of the insured mortgage by reason of the possible revaluation of the amount of the debt secured by the insured mortgage as a result of changes in the conversion rate between US dollars and stated foreign currency. Loan No
ORT FORM 3575 Florida Balloon Mortgage Endorsement: This endorsement insures that FNMA balloon mortgage loans are valid and enforceable and can be refinanced with the same priority. Loan No