Connecticut
General Procedures and Information
Foreclosures
Foreclosures are judicial in Connecticut.
Two foreclosure processes are used in Connecticut: a suit in equity or a decree of sale issued by the court.
For specific questions, contact Connecticut underwriting personnel.
References:
Related Bulletins: None.
Corporate Directory: Connecticut Contacts .
Survey Standards
Surveys are not required for deletion of the survey exception in loan policies in Connecticut on 1-4 residential properties and commercial properties with liabilities of $10 million or less. Residential properties are defined as subdivision lots and acreage tracts of twenty-five acres or less.
Document and Form Information
Conveyances
The customary form of conveyance is the CT Deed-Warranty 1. Other common forms of conveyance include the following:
- CT Deed-Warranty (Survivorship) 1
- CT Deed-Quit-Claim 1
- CT Deed-Quit-Claim (Survivorship Form) 1.
All deeds must be accompanied by a Conveyance Tax Return even if the transfer is exempt from taxation.
Two witnesses are required for conveyances in Connecticut.
Any document which has been acknowledged in accordance with the laws of the state in which the document was executed is acceptable for recordation purposes in Connecticut.
Title Insurance Form Regulations
Title insurance forms and endorsements are filed in Connecticut. It is a "file and use" system. Stewart Title Guaranty Company has filed the standard ALTA policy forms and endorsements and a variety of specific state endorsement forms.
References:
Forms List: Connecticut Forms .
Fees, Rates and Taxes
Deed Transfer Taxes and Documentary Stamps
The current rate for the state conveyance tax is $5.00 per every one thousand dollars of consideration on all residential and undeveloped land up to $800,000. The tax increases to $10.00 per every one thousand dollars on the excess over $800,000. All commercial transactions are taxed at the rate of $10.00 per every one thousand dollars of consideration.
The municipal conveyance tax is $1.10 for every one thousand dollars of consideration.
The seller customarily pays the conveyance taxes.
References:
Related Bulletins: None.
Title Insurance Rates
Title insurance rates are filed with the State Insurance Department.
The purchaser/borrower customarily pays for the owner's policy and the loan policy.
For specific information, contact Connecticut underwriting personnel.
References:
Corporate Directory: Connecticut Contacts .
Spousal Rights
Spousal Rights
Dower and curtesy have been abolished.
Connecticut is not a community property state.
Although Connecticut does not have homestead laws that mirror other states, there is a post judgment exemption under C.G.S 52-352a(t) up to $75,000 based on fair market value less statutory liens or voluntary liens. A spouse does not have to join on a conveyance of the homestead or any other conveyance of real property.
Connecticut Rate Manual
Connecticut Rate Manual
STEWART TITLE GUARANTY COMPANY
SCHEDULE OF CHARGES AND FORMS
FOR
TITLE INSURANCE IN
THE STATE OF CONNECTICUT
This manual is for the use of Stewart Title Guaranty Company’s Title Insurance Policy Issuing Attorneys, Agents, and Offices. Any other use or reproduction of this manual is prohibited.
All inquiries concerning charges for title insurance and forms should be directed to either of the following:
Charles Hanna, District Manager
100 Prospect Street
North Tower
Stamford, CT 06901
or
Stewart Title Guaranty Company
Rate & Form Filing Department
1980 Post Oak, Suite 710
Houston, Texas 77056
A. GENERAL PROVISIONS
This manual of charges contains recommended charges for title insurance by Stewart Title Guaranty Company (Company) for the state of Connecticut. The charges hereinafter set out are basic charges for title insurance only and do not include charges for searches, examinations, abstracts, attorneys’ fees, escrow or closing services, inspections or other services charged by local attorneys, surveyors, abstractors, or abstract companies. The charges are recommended minimum charges and additional charges shall be made when an unusual condition of title exists or when special risks are insured. In the event such charges are made, agreement thereto must be obtained in advance from the person or entity obligated to pay all or any part of such charges.
Additional endorsements for special or unusual risks that are requested by the insured and acceptable to the Company may be issued and charged for at a price agreed upon by the Company and the insured.
To compute any insurance charge on a fractional thousand of insurance (except as to minimum charges) multiply the fractional thousand by the charge per thousand applicable, considering any fraction of $1,000 as to a full $1,000.
The Company reserves the right to decline any application or may at any time on notification to the applicant, cancel any application accepted as long as a binder for insurance has not been issued. The Company may withhold delivery of the policy of title insurance until all applicable charges, as set forth in this manual, have been paid in full.
Notwithstanding the fees, charges, and/or rates in the filings by the Company, special pricing consideration may be given by the Company on transactions involving policies aggregating $20,000,000 or more on a single risk, based on various factors including geographic location, competitive environment, expenses, reinsurance requirements, and other reasonable considerations, but in no event shall the rate be less than $0.35 per $1,000 of liability. Before agreeing or committing to issue a title insurance policy in such transaction, the Company shall require that the gross premium (risk rate) to the Company, net of reinsurance cost and net of that portion of the rate or charge to the public retained by the Company’s (underwritten company) title insurance agent, be no less than $0.35 per $1,000 of retained liability.Defnitions
Charge. The charge is that cost per unit of risk assumed. The charge does not include the abstracting or searching fee, examination fee, settlement fees, closing fees, or escrow fees.
insurance which, when multiplied by the total units of liability, results in the charge to the customer for the
Full Principal Debt. The full principal debt is that part of the mortgage debt that is secured by land, excluding therefrom that part of the debt, if any, secured by personal property.
Full Value of the Land. The full value of the land is the actual purchase price or, if no sale is involved, the full reasonable value as may be agreed upon between the insurer and the proposed insured. On leasehold estates, the full value of the land is the aggregate of the rentals payable under the primary term of the lease or the full value of the land as herein defined, whichever is less.
Identical Land. The identical land is the land or any part thereof described in a policy of title insurance or other indemnity.
Insured. The insured is the person named as the insured in the policy of title insurance or other indemnity.
Land, Premises, or Property. Unless otherwise set forth in the policy of title insurance or other indemnity, land, premises, or property is the land described, specifically or by reference, and improvements affixed thereto which by law constitute real property.
Mortgage. A mortgage is a transfer of an interest in land, other than in trust, to secure performance of the obligation to pay back the indebtedness. The form of the mortgage may be a mortgage, collateral mortgage, vendor's lien, or other security instrument relating, at least in part, to land.
Simultaneous Issuance. Simultaneous issuance is the issuance of two or more policies on identical land out of the same transaction. The effective dates of the policies must be the same in order to qualify for a simultaneous issue.
Policies and Rates
1. OWNER’S POLICIES
a An owner’s policy, insuring an estate or interest in land, will not be issued for less than full value of the land. An owner’s policy insuring a leasehold estate will not be issued for less than the insurable interest of the lessee.
b. The charge for an original owner’s or leasehold owner’s policy shall be as follows:
|
AMOUNT OF INSURANCE |
Charge per $1,000 |
| $20,000 or less...................................................................... |
$100.00 |
|
$20,001 and up to $100,000, add....................................... |
$3.75 |
|
$100,001 and up to $200,000, add..................................... |
$3.50 |
|
$200,001 and up to $500,000 add...................................... |
$3.00 |
|
$500,001 and up to $5,000,000, add.................................. |
$2.50 |
|
$5,000,001 and up to $10,000,000 add.............................. |
$2.10 |
|
$10,000,001 and up to $15,000,000 add............................ |
$1.80 |
|
$15,000,001 and over add................................................. |
$1.75 |
Note: The Company will provide an Inflation Endorsement upon request for any owner Policy insuring a one-to-four family residence which is owner occupied without additional premium. This endorsement automatically increases the Policy amount by 10% of the original Policy Amount on each of the first five anniversaries of the Date of Policy so that eh amount of policy on the fifth anniversary of the Date of Policy will be 150% of the original Policy amount.
2.REDUCED RATES – OWNER POLICY TO FORECLOSING LENDER
Whenever application for an owner policy is made by an insured (or a subsidiary of an insured) where the applicant has acquired title by foreclosure or a deed in lieu of foreclosure with respect to a mortgage insured by any title insurance underwriter authorized to do business in the State of Connecticut, the premium for such policy shall be 40% of the regular owner title insurance premium.
3. HOME OWNER’S TITLE POLICY
The Home Owner’s Title (HOT Policy) is a plain language policy that standardizes and simplifies coverage and can be considered a Short Form Owner’s Policy. The policy contains the standard insuring provisions and contains additional features of benefit to the insured. The policy contains an optional Addendum that may be used in unusual circumstances to except to unique matters, such as suits or specific liens. Because the liability is similar, the charge for this policy will remain identical to the rates of other Owner’s Policies as set out above.
4. ALTA HOMEOWNER’S POLICY OF TITLE INSURANCE
This policy, similar to the 1987 Residential Title Insurance Policy, includes a number of new coverages. The charge for this policy will be 110% of the cost of the owner’s policy basic rates plus any additional charges, if any as currently approved, for endorsements issued separately or included in the coverage.
5. SIMULTANEOUS ISSUE (COVERING IDENTICAL PREMISES)
a. Fee (or Leasehold) and Mortgagee Policies
If an owner policy and a mortgage policy are issued with respect to the same property and there has been no change in the ownership of the property, there is no premium due for the mortgagee policy issued for the same or lessor amount. The charge for both policies shall be the scheduled fee rate. Where application is made for an owner policy after a mortgagee policy has been issued and premium for such policy is paid, there shall be allowed a full credit on the amount paid against the premium due on the owner policy where such policy can be issued showing the same time, date, legal description and owner as the mortgagee policy. If the mortgagee policy amount is greater than the owner policy amount, the regular mortgagee policy rate will be charged for that portion of the mortgagee policy amount, which is in excess of the owner policy amount, plus the regular scheduled premium for the owner policy.
b. Fee and Leasehold Policies
Charge the scheduled fee rate for the fee policy, plus 30 percent of the scheduled fee rate for the Leasehold policy, plus scheduled fee rate on any excess above amount of fee policy.
c. Two or More Mortgage Policies
Charge the scheduled mortgage rate on the aggregate amount of mortgages to be insured.
d. In no event shall the total charges under the foregoing rules be greater than the total regular scheduled charge for such policies.
6. MORTGAGEE’S POLICIES
a. mortgagee’s policy on a first mortgage cannot be issued or reissued for an amount less than the full principal debt. A policy can, however, be issued for an amount up to 120% of the principal debt to reimburse for interest, foreclosure costs, etc.
b. The charges for original mortgage title insurance shall be as follows:
|
AMOUNT OF INSURANCE |
Charge per $1,000 |
| $20,000 or less................................................................... |
$100.00 |
|
$20,001 and up to $100,000, add....................................... |
$3.50 |
|
$100,001 and up to $200,000, add..................................... |
$3.25 |
|
$200,001 and up to $500,000 add...................................... |
$2.75 |
|
$500,001 and up to $5,000,000, add.................................. |
$2.25 |
|
$5,000,001 and up to $10,000,000 add.............................. |
$1.80 |
|
$10,000,001 and up to $15,000,000 add............................ |
$1.50 |
|
$15,000,001 and over add................................................. |
$1.50 |
7. REDUCED RATES- REFINANCE MORTGAGE ONLY
Whenever a loan policy of title insurance is to be issued on a loan within ten years from the date of issuance of a policy by any Title Insurance Underwriter authorized to do business in the State of Connecticut which fully pays off a mortgage or mortgages on the same premises, and the premises to be insured are identical and there has been no change in the beneficial ownership or the only change in ownership is between spouses, the charge for such insurance shall be 60 percent of the applicable schedule rate up to largest amount of existing title insurance issued within the last ten years, plus the full applicable schedule rate on any excess.
In no event shall the charge for such a policy be less than $100.00
8. REDUCED RATES- ASSUMED MORTGAGES
Whenever application is made for insurance of a mortgage, as assumed, and the original mortgage was insured and the premises to be insured are identical, STEWART may accept application, the minimum charge for which insurance shall be 30 percent of the applicable schedule rate up to the balance of the existing insured mortgage.
In no event shall the charge for such policy be less than $100.00.
9. REDUCED PREMIUM- “LIMITED LIABILITY” MORTGAGEE POLICY
Where the applicant agrees to accept a mortgagee policy from the Company in which the liability of the Company is limited by the language immediately set forth or by language of similar import which is set forth as an exception in Schedule B of the policy, the premium for such policy shall be 60% of the regular mortgagee title insurance premium for a policy in that amount.
“Defects, liens, encumbrances, interests, adverse claims or other matters affecting the land created, existing or arising prior to (insert date), being the date of acquisition of title to the land by the mortgagor.”
10. MODIFICATION OF AN INSURED LOAN
Whenever application is made for a policy endorsement affirming or expending coverage of a STEWART mortgagee policy, by which endorsement STEWART insures the mortgage as modified by a recorded Mortgage Modification Agreement, the Company may accept application. The following charges apply for any Mortgage Modification Endorsement or endorsements issued:
|
Effect of Modification |
Endorsement Premium |
|
|
|
|
Change of maturity date, or of schedule of payments of principal and interest, or of the applicable rate of interest, or any combination of the above. |
$100.00 |
|
Increase of indebtedness secured by mortgage. |
Additional premium based on increase of Policy Amount, computed at lowest applicable marginal rate as provided in STEWART’S current schedule of Premium Rates filed with and approved by the Insurance Department |
|
Increase of indebtedness, plus any change or changes referred to in (a) above |
Additional premium based on increase of Policy Amount computed as in (b) above, plus $100.00. |
|
Extension of the lien of the insured mortgage to one or more additional parcels of land as additional security for the mortgage indebtedness. |
$150.00 for the first additional parcel added to the coverage of the policy as endorsed, plus $50.00 for each additional parcel so added to the coverage of the policy, up to a maximum fee of $550.00 per endorsement. |
|
Modifications to correct omissions on scrivener’s errors in original mortgage. |
No charge |
11. HOME EQUITY POLICY
The Home Equity Policy is a limited form of coverage available to consumer lenders involving a limited search of title to report only those instruments of record which should
be of use to consumer lenders in the process of making loans to individuals for various purposes. A policy issuing office, agent, or approved attorney may issue a Home Equity Loan Policy for those mortgages where only limited coverage not exceeding $100,000 is desired by the insured.
The charge for this policy shall be $2 per $1,000 of liability.
12. FORECLOSURE INSURANCE POLICY
The Foreclosure Insurance Policy is a policy to be issued prior to foreclosure and would be issued to a foreclosing lender, trustee (in deed of trust states), and/or lender’s attorney. The policy insures as to various title matters according to the public records: (1) the ownership of the land; (2) leases, options, or contracts to purchase; (3) notices of bankruptcy; (4) notices of default or foreclosure; (5) defects or encumbrances recorded after the foreclosing mortgage; and (6) addresses and assignments of the above matters or claimants. The Policy is issued in anticipation of a foreclosure of a mortgage and provides the mortgagee with record information regarding those persons who should be joined in a foreclosure action or who should be notified of a foreclosure. Continuation of coverage could be provided by a down date endorsement. The premium for the policy shall be 50% of the Basic Mortgagee Policy charge with a minimum charge of $50. A credit of 50% of the premium paid for the Policy and Down Date endorsement would be provided on one Owner’s Policy issued at the Foreclosure Sale or to the purchaser from the original purchaser if the new policy is issued within 24 months after the recordation of the Foreclosure Sale Deed.
13. ALTA RESIDENTIAL LIMITED COVERAGE JUNIOR LOAN POLICY AND
ALTA SHORT FORM RESIDENTIAL LIMITED COVERAGE JUNIOR LOAN POLICY
Upon application, the Company may insure the ALTA Residential Limited Coverage Junior Loan Policy or the ALTA Short Form Residential Limited Coverage Junior Loan Policy to an insured affording limited liability based upon a search for specific types of interest shown by the public record. The charge for the Limited Coverage Junior Loan Policy shall be $2.25per $1,000, with a minimum charge of $100.00
14. Gold Comprehensive Protection Policies
These policies are to be issued on one-to-four family residential property. In the case of the Owner’s Policy, it shall not be issued for less than the full insurable value of the land and improvements, if any, which constitutes real estate. In the case of the Loan Policy, it will not be issued for anything less than the full principal debt.
Gold Owner’s Policy: The charge for this policy shall be 110% of the rate applicable for an Original Owner’s Policy, plus any additional charges, if any as currently approved, for endorsements issued separately or included in the Gold coverage. Gold Loan Policy: The charge for this policy shall be 110% of the rate applicable for an Mortgagee’s Policy, plus any additional charges, if any as currently approved, for endorsements issued separately or included in the Gold coverage.
15. Secondary Market Short Form Residential Loan Policy One-to-Four Family
The Secondary Market Short Form Residential Loan Policy One-to-Four Family policy is designed to provide limited title insurance that meets the title insurance requirements of the Guides of Fannie Mae and Freddie Mac. The Policy is available for first lien refinance and first lien home equity loans as well as first lien purchase transactions. In the latter case, a full priced owner policy will be issued where applicable. The Policy does not contain all of the insuring provisions of the regular ALTA Loan Policy and does not contain specific title exceptions as to matters recorded in the public records. The policy does insure the validity and priority of the mortgage and does insure against title maters to the extent required by the Guides of Fannie Mae and Freddie Mac. This form has been approved by Fannie Mae and Freddie Mac, so its coverages will be acceptable to the lending community. The Policy would be issued only for one-to-four family approved residential properties in established subdivisions for mortgages issued to institutional lienholders.
The policy has been specifically designed for Internet originated loans and the pricing and cost structure has been designed for a centrally processed, Internet ordered title insurance product. In order to produce this Policy at a reduced rate, Stewart Title Guaranty Company would issue it (in accordance with any applicable state law) only if the order, applicable legal description or address, and names of parties to loan transaction for issuance were placed and communications were sent electronically through websites or other electronic communications locations explicitly designated by Stewart Title Guaranty Company for placement of the Secondary Market Short Form Residential Loan Policy-One-To-Four Family.
To the extent allowed by applicable federal and state law, the policies would be delivered electronically to lenders, if such delivery is acceptable to lenders, using the same software platforms used for order.
The charge for the Policy will be as indicated as follows for each range set out below:
|
Range Of Liability |
Fee |
| Up to $100,000 of liability written |
$450 |
|
Over $100,001 and up to $250,000 |
$450 |
|
Over $250,001 and up to $500,000 |
$600 |
|
Over $500,001 and up to $750,000 |
$850 |
|
Over $750,001 and up to $$1,000,000 |
$950 |
|
Over $1,000,001 and up to $1,250,000. |
$1,100 |
|
Over $1,250,001 and up to $1,500,000 |
$1,300 |
16. Stewart Master Residential Loan Policy Schedule A & B
These schedules are to be issued with the American Land Title Association Loan Policy (06/17/06). Together, they are designed to insure only equity loans on the primary residence or secondary residence of the owner/borrower. Coverage under the policy is not available for any first liens or for refinances of first liens on primary residences or secondary residences or any other type of property owned by the borrowers.
The charges for the policy will be as follows:
|
Range Of Liability |
Fee |
| Up to $25,000 of liability written |
$25 |
|
Over $25,001 and up to $250,000 |
$65 |
|
Over $250,001 and up to $500,000 |
$125 |
17. ALTA Short Form Residential Loan Policy with Addendum
The ALTA Short Form Residential Loan Policy insures the lender making a mortgage loan on a one-to four family residence or condominium unit. The Policy is an abbreviated short form version of the current ALTA Loan Policy, which is designed to be delivered to the lender at closing. The policy contains exceptions to taxes, covenants and restrictions, easements, reservations of minerals or mineral rights, and offers certain assurances with respect to those exceptions desired by lenders. The policy addendum, can be used to set forth additional exceptions.
The charge for this policy is the same as the charges for the original mortgagee’s policy set out in this manual.
18. Short Form Commercial Loan Policy (U-9821)
This policy is similar to the ALTA Short Form Residential Loan Policy which is available on residential transactions. The Short Form Commercial Loan Policy allows lenders making loans secured by commercial real estate faster access to obtaining their policy as well as experiencing savings in time and money by using this form of policy.
The charge for this policy will be the currently approved rate for the standard ALTA mortgagee’s policy, plus the filed rate, if any as currently approved, for any endorsement as indicated for use in Schedule A of the policy.
19. ALTA Expanded Coverage Residential Loan Policy (M-9811) and
ALTA Short Form Expanded Coverage Residential Loan Policy (U-9812)
These policies supplement the policies already approved for use in Connecticut by expanding the coverage currently offered and providing a choice to the potential insured. They provide more coverage than the other ALTA Loan Policies and contain 28 insuring clauses (Covered Risks). The ALTA Expanded Coverage Residential Loan Policy is an enhanced version of the ALTA Loan Policy (10/17/92) approved for use in Connecticut and includes many of the same expanded coverages provided to the consumer by the ALTA
Homeowner’s Policy of Title Insurance, as well as a number of additional coverages unique to lenders.
The rates for the ALTA Expanded Coverage Residential Loan Policy (M-9811) and the ALTA Short Form Expanded Coverage Residential Loan Policy (U-9812) will be 110% of the rate applicable for the Basic Loan (Mortgagee) Policy, currently approved for Connecticut, plus any additional charges for endorsements, if any, issued separately or included in the ALTA Expanded Coverage Residential Loan Policy coverages.
Minimum Insurance Rules
1. Mortgagees: Full unpaid principal amount. For mortgage made by the United States Government or any of its agencies which cover personal property and fixtures, insurance may be less than the sum of the mortgage but in no event less than 90 percent of the Government’s appraised value of the land and improvements to the real property.
2. Mortgages Assigned as Collateral: The amount of the collateral loan.
3. Fee Ownership:
(a) Purchase: Contract price including the aggregate unpaid principal sum of mortgage liens thereon consummation of purchase transaction, plus, in the event purchase is subject to unpaid taxes or tax liens, the aggregate amount of said taxes and tax liens with the penalties thereon.
(b) In Possession: A fair and reasonable value but not less than the aggregate unpaid principal sum of mortgages, whichever is greater.
(c) Exchange Contract: Contract price, including aggregate unpaid principal sum of mortgage liens, or a fair and reasonable value, but not less than the aggregate unpaid principal sum of mortgages, whichever is greater.
(d) Contemplated Improvements (Fee Insurance): Whenever applicant for fee insurance applies for policy to cover the cost of contemplated improvements to the premises, determine the minimum insurance as in paragraph (a) to (d) immediately preceding and add the cost of the contemplated improvement. If the cost of such improvement has not been or cannot be determined, an amount not less than five (5) times the “minimum insurance” as determined by said paragraphs (a) to (d) may be substituted for such cost, and the policy shall include a statement that its insurance amount has made provision for the cost of such contemplated improvement.
4. Leaseholds (Includes Co-operative Apartments):
(a) Aggregate amount of rents for the ten years immediately following the closing of the lease transaction. On percentage leases, a statement of estimated rentals may be used.
(b) If the unexpired term is less than ten years, the aggregate amount of rents for such unexpired term.
(c) In the event of insurance of an assignment of a leasehold, the purchase price therefore, if any, must be added to the minimum insurance requirements of paragraphs (a) and (b) immediately preceding.
(d) Contemplated Improvement (Leasehold Insurance): Whenever applicant for leasehold insurance applies for policy to cover the cost of contemplated improvement to the premises, determine the minimum insurance as in paragraphs (a) to (c) immediately preceding and add the cost of the contemplated improvement. If the cost of such improvement has not been or cannot be determined, an amount not less than five (5) times the “minimum insurance” as determined by said paragraphs (a) and (c) may be substituted for such cost, and the policy shall include a statement that its insurance amount has made provision for the cost of such contemplated improvement.
(e) Sale-Lease Back: When a seller, upon conveying title, simultaneously enters into a lease with the purchaser whose title is being insured, insurance in the amount agreed upon by the applicant and Stewart may be issued.
5. Fractional Interest In Fee, Leasehold or Mortgage: Determine amount of insurance as though 100 percent ownership and then reduce in the proportion that fractional interest owned, or to be owned by the insured, bears to the entire interest.
6. Covenant Insurance (at the option of the insurer) Proposed New Construction or Alteration
Covenant Insurance is defined to mean any special or affirmative insurance relating to the construction, unenforceability, effect, or non-violation of any restrictive covenants (whether contained in a deed, agreement, mortgage or other instruments), including any restrictive covenant creating an easement or right in the nature of an easement of way, access, setback, light, air or view, excepted in a policy of title insurance.
If Stewart is willing to accept such risk, its minimum additional charge shall be 35 percent of the applicable rate. If insuring a fee or leasehold interest in vacant land the cost of the contemplated construction, or the formula for computing same in paragraph 3(d) or 4(d) set out in the section 3 and 4 above, whichever is applicable, shall be included in or added to the insured amount and all rates, including this additional minimum charge, shall be based thereon. No additional charge need be made:
(a) If Stewart has previously issued such affirmative insurance in any form in a policy of title insurance covering the same premises and the same construction or alteration; and
(b) If the Supreme Court of Errors of the State of Connecticut has ruled on a specific set of restrictive covenants and the affirmative insurance is in conformity with said ruling and the property is within the area covered by said ruling.
7. Co-Insurance and Reinsurance
Ordinary Co-Insurance is defined as a transaction under which each co-insurer assumes a designated portion if the liability for the total risk and is liable for only such portion of any loss.
Excess Co-Insurance is defined as a transaction under which primary liability is assumed by one company and the excess liability over and above the primary risk is underwritten by one or more companies and both primary and excess insurers are liable directly to the insured in accordance with the terms of their contracts.
Reinsurance is defined as a contract which one insurer makes with another to protect the first insurer, wholly or partially, against loss or liability by reason of a risk under a separate and distinct contract as insurer if a third party.
For ordinary co-insurance each participant shall charge its pro rata participating share of the rate of this manual applicable to a single policy for the aggregate amount of insurance. Charges for excess co-insurance and reinsurance shall be as mutually agreed upon by the participating companies.
8. Increase In Insurance Of Existing Policies
Whenever increase in amount of insurance as of the original date of said policy is applied for as to Stewart by the holder of a policy of title insurance by Stewart, to be evidenced by endorsement thereon, such increase in insurance shall comply with the rules set out in this section, Minimum Insurance Rules, under sections 1-7 above and rates charged will be based upon the applicable rate per thousand under rate schedules in force and effect at the time of the increase.
9. Bulk Rates
A Bulk Rate discount of normal policy premiums will be permitted under the following circumstances:
a. Four or more policies will be issued by STEWART or one of its issuing agents; and
b. The policies will insure land or units within the same subdivision or common interest community.
The Bulk Rate discount is 20% of the normal premium for each policy issued. The effective policy premium is 80% of the normal premium.
The rates set forth herein shall apply only to the initial sale, mortgage, or lease of any such condominium unit or subdivision lot following the creation of the condominium or subdivision development.
Policies And Endorsements Available For Connecticut
(Rate filing required - rate manual dated 01/15/93 in file)
|
Number |
Form Name |
Owner’s |
Loan |
|
0-9476 |
ALTA Homeowner’s Policy of Title Insurance (01/01/08) |
X |
|
|
M-9478 |
ALTA Expanded Coverage Residential Loan Policy (01/01/08) |
X |
|
|
U-9479 |
ALTA Short Form Expanded Coverage Residential Loan Policy (01/01/08) |
X |
|
|
U-9475 |
ALTA Short Form Residential Loan Policy (06/16/07) |
X |
|
|
0-9401 |
ALTA Owner’s Policy (6/17/06) |
X |
|
|
M-9402 |
ALTA Loan Policy (6/17/06) |
X |
|
|
U-9404 |
ALTA Short Form Residential Loan Policy and Addendums (6/17/06) |
X |
|
|
0-9682 |
ALTA Homeowner’s Policy of Title Insurance (10/22/03) |
X |
|
|
M-9811 |
ALTA Expanded Coverage Residential Loan Policy (10/13/01) |
X |
|
|
U-9812 |
ALTA Short Form Expanded Coverage Residential Loan Policy (10/13/01) |
X |
|
|
U-9821 |
Short Form Commercial Loan Policy |
X |
|
|
U-9818 |
ALTA Short Form Residential Loan Policy, Schedule A&B, and Addendum |
X |
|
|
Stewart Master Residential Loan Policy Schedule A&B |
X |
||
|
M-9802 |
Secondary Market Short Form Residential Loan Policy-One-To-Four Family |
X |
|
|
0-9892 |
ALTA Homeowner’s Policy of Title Insurance 10/17/98 |
X |
|
|
0-9866 |
Gold Comprehensive Protection Owner’s Policy 8/97 |
X |
|
|
M-9867 |
Gold Comprehensive Protection Loan Policy 8/97 |
X |
|
|
M-9873 |
ALTA Residential Limited Coverage Junior Loan Policy |
X |
|
M-9876 |
ALTA Short Form Residential Limited Coverage Junior Loan Policy |
X |
|
|
O-9841 |
Home Owner’s Title Policy 12/28/94 |
X |
|
|
M-9839 |
Foreclosure Insurance Policy 3/95 |
X |
|
|
M-9945 |
Home Equity Policy 1/94 |
X |
|
|
O-9993 |
ALTA Owner’s Policy 10/17/92 |
X |
|
|
M-9994 |
ALTA Loan Policy 10/17/92` |
X |
|
|
M-9996 |
ALTA Leasehold Loan Policy 10/17/92 |
X |
|
|
O-9995 |
ALTA Leasehold Owner’s Policy 10/17/92 |
X |
|
|
CCL-9997 |
ALTA Construction Loan Policy 10/17/92 |
X |
|
|
U-9953 |
ALTA Master Residential Loan Policy, Schedules A & B, and Residential Loan Certificate and Addendum 10/17/92 |
X |
|
|
U-9954 |
ALTA Short Form Residential Loan Policy, Schedules A& B, and Residential Loan Certificate and Addendum 10/17/92 |
X |
|
|
0-9981 |
ALTA Owner’s Policy 4/6/90 |
X |
|
|
O-9983 |
ALTA Leasehold Owner’s Policy 4/6/90 |
X |
|
|
M-9984 |
ALTA Leasehold Loan Policy 4/6/90 |
X |
|
|
M-9985 |
ALTA Construction Loan Policy 4/6/90 |
X |
|
|
U-9990 |
ALTA Master Residential Loan Policy, Schedules A & B, and Residential Loan Certificate and Addendum 4/6/90 |
X |
|
|
U-9991 |
ALTA Short Form Residential Loan Policy and Addendum 4/6/90 |
X |
|
|
O-9941 |
ALTA Owner’s Policy 10/21/87 |
X |
|
|
M-9942 |
ALTA Loan Policy 10/21/87 |
X |
|
|
O-9909 |
ALTA Leasehold Owner’s Policy |
X |
|
|
M-9910 |
ALTA Leasehold Loan Policy 10/21/87 |
X |
|
|
CCL-9908 |
ALTA Construction Loan Policy 10/21/87 |
X |
|
|
U-9999 |
ALTA Master Residential Loan Policy, Schedules A & B, and Residential Loan Certificate and Addendum 10/19/88 |
X |
|
|
U-9927 |
ALTA Short Form Residential Loan Policy and Addendum 10/19/88 |
X |
|
|
O-9917 |
ALTA Residential Title Insurance Policy 6/1/87 |
X |
|
|
O-9902 |
ALTA Owner’s Policy |
X |
|
|
M-9903 |
ALTA Loan Policy 1970 |
X |
|
|
9909 |
ALTA Leasehold Owner’s Policy 1975 |
X |
|
|
9910 |
ALTA Leasehold Loan Policy 1975 |
X |
|
|
CCL-9908 |
ALTA Construction Loan 1975 |
X |
|
M-9903 |
ALTA Loan Policy 1970 |
X |
|
|
O-9917 |
ALTA Residential Title Policy 1979 |
X |
|
|
USO-9924 |
U.S.A. Owner’s Policy 1963 |
X |
|
|
004-UN |
ALTA Commitment with Schedules (6/17/06) |
||
|
ALTA Plain Language Commitment (6/17/06) |
|||
|
006-UN |
ALTA Short Form Commitment |
Endorsements:
Endorsements for special or unusual risks that are requested by the insured and acceptable to the Company may be issued and charged for at a price agreed upon by the Company and the insured.
|
Form No. |
Description |
Owner’s |
Loan |
Rate |
|
ALTA 1-06 |
Street Assessments |
|
x |
No charge |
|
ALTA 2-06 |
Truth in Lending |
|
x |
No charge |
|
ALTA 3-06 |
Zoning |
x |
x |
$.50 per thousand |
|
ALTA 3.1-06 |
Zoning-completed structure |
x |
x |
$.75 per thousand |
|
ALTA 4-06 |
Condominium |
|
x |
No charge |
|
ALTA 4.1-06 |
Condominium |
|
x |
No charge |
|
ALTA 5-06 |
Planned Unit Development |
|
x |
No charge |
|
ALTA 5.1-06 |
Planned Unit Development |
|
x |
No charge |
|
ALTA 6-06 |
Variable Rate Mortgage |
|
x |
No charge |
|
ALTA 6.1 |
Variable Rate Mortgages-Regs |
|
x |
No charge |
|
ALTA 6.2-06 |
Variable Rate Mortgage-Negative Amortization |
|
x |
No charge |
|
ALTA 7-06 |
Manufactured Housing Unit |
|
x |
No charge |
|
ALTA 7.1-06 |
Manufactured Housing Unit-Conversion Loan (6/17/06) |
|
x |
No charge |
|
ALTA 7.2-06 |
Manufactured Housing Unit-Owner (6/17/06) |
x |
|
No charge |
|
ALTA 8.1-06 |
Environmental Protection Lien |
|
x |
No charge |
|
ALTA 9-06 |
Restriction, encroachments, minerals |
|
x |
No charge |
|
ALTA 9.1-06 |
Restrictions, Encroachments, Minerals – Unimproved Land |
x |
|
No charge |
|
ALTA 9.2-06 |
Restrictions, Encroachments, Minerals – Improved Land |
x |
|
No charge |
|
ALTA 9.3-06 |
Restrictions, Encroachments, Minerals (6/17/06) |
|
x |
No charge |
|
ALTA 9.4-06 |
Restrictions, Encroachments, Minerals – Owner’s –Unimproved Land |
x |
|
No charge |
|
ALTA 9.5-06 |
Restrictions, Encroachments, Minerals – Owner’s –Improved Land |
x |
|
No charge |
|
ALTA 10-06 |
Assignment |
|
x |
$50 |
|
ALTA 10.1-06 |
Assignment & Down Date |
|
x |
$50 |
|
ALTA 11-06 |
Modification |
|
x |
30% of the Basic Policy Rate. |
|
ALTA 12-06 |
Aggregation |
|
x |
No charge |
|
ALTA 13-06 |
Leasehold-Owner’s |
x |
|
No charge |
|
ALTA 13.1-06 |
Leasehold-Loan |
|
x |
No charge |
|
ALTA 14-06 |
Future Advance-Priority |
|
x |
$50 |
|
ALTA 14.1-06 |
Future Advance-Knowledge |
|
x |
$50 |
|
ALTA 14.2-06 |
Future Advance-Letter of Credit |
|
x |
$50 |
|
ALTA 14.3-06 |
Future Advance-Reverse Mortgage W/MML (6/17/06) |
|
x |
$50 |
|
ALTA 15-06 |
Non-Imputation-Full Equity Transfer |
x |
|
5% of the basic rate for the owner policy. |
|
ALTA 15.1-06 |
Non-Imputation-Additional Insured |
x |
|
5% of the basic rate for the owner policy. |
|
ALTA 15.2-06 |
Non-Imputation-Partial Equity Transfer |
x |
|
5% of the basic rate for the owner policy. |
|
ALTA 16-06 |
Mezzanine Financing |
x |
|
5% of the basic rate for the owner policy. |
|
ALTA 17-06 |
Access and Entry |
x |
x |
No Charge |
|
ALTA 17.1-06 |
Indirect Access and Entry |
x |
x |
No Charge |
|
ALTA 18-06 |
Single Tax Parcel |
x |
x |
No Charge |
|
ALTA 18.1-06 |
Multiple Tax Parcel |
x |
x |
No Charge |
|
ALTA 19-06 |
Contiguity-Multiple Parcels |
x |
x |
$25 for transactions of One Million or less; N/C for transactions over One Million. |
|
ALTA 19.1-06 |
Contiguity-Single Parcel |
x |
x |
$25 for transactions of One Million or less; N/C for transactions over One Million. |
|
ALTA 20-06 |
First Loss-Multiple Parcel Transactions |
|
x |
$25 for residential transactions; $100 for commercial transactions. |
|
ALTA 21-06 |
Creditor’s Rights Endorsement |
x |
x |
$25 for residential transactions; $100 for commercial transactions. |
|
ALTA 22-06 |
Location |
x |
x |
$25 up to $1million; N/C over $1million. |
|
ALTA 22.1-06 |
Location and Map |
x |
x |
$25 up to $1million; N/C over $1million. |
|
ALTA 23-06 |
Co-Insurance |
x |
x |
No additional charge when attached to policy. |
|
Revolv1 |
Revolving Credit |
|
x |
$50 |
|
Revolv1 |
Revolving Credit |
|
x |
$50 |
|
Revolv3 |
Revolving Credit |
|
x |
No charge |
|
Revolv3 |
Revolving Credit |
|
x |
No charge |
|
COMP 1 |
Comprehensive 1 |
|
|
No charge |
|
COMP 1A |
Comprehensive 1A |
|
|
No charge |
|
E-9962 |
Homeowner’s Inflation Protection |
|
|
No charge |
|
E-9916 |
U.S. Policy Form - U.S. Postal Service |
x |
|
No charge |
|
E-9946 |
Revolving Credit/Variable Rate |
|
x |
No charge |
|
CLTA 111.9 |
FNMA Balloon Mortgage Endorsement |
|
x |
No charge |
|
E-9843 |
Secondary Market Endorsement |
|
x |
No charge |
|
E-9949 |
Down Date Endorsement |
|
x |
20% of Basic Rate with N/C for First Endorsement |
|
JR1 |
Supplement Coverage |
|
x |
No charge |
|
JR2 |
Revolving Credit/Variable Rate |
|
x |
No charge |
|
E-9826 |
Rate Reduction Endorsement |
|
x |
No charge |
|
E-9904 |
Series E Blank Endorsement |
x |
x |
No charge |
Endorsements and Rates
Endorsements for special or unusual risks that are requested by the insured and acceptable to the Company may be issued and charged for at a price agreed upon by the Company and the insured.
Form No. |
Description |
Owner's |
Loan |
Rate |
ALTA 1 |
Street Assessments |
X |
No charge |
|
ALTA 2 |
Truth in Lending |
X |
No charge |
|
ALTA 3 |
Zoning |
x |
X |
$.50 per thousand |
ALTA 3.1 |
Zoning-completed structure |
x |
X |
$.75 per thousand |
ALTA 4 |
Condominium |
X |
No charge |
|
ALTA 4.1 |
Condominium |
X |
No charge |
|
ALTA 5 |
Planned Unit Development |
x |
No charge |
|
ALTA 5.1 |
Planned Unit Development |
x |
No charge |
|
ALTA 6 |
Variable Rate Mortgage |
x |
No charge |
|
ALTA 6.1 |
Variable Rate Mortgages-Regs |
x |
No charge |
|
ALTA 6.2 |
Variable Rate Mortgage-Negative Amortization |
x |
No charge |
|
ALTA 7 |
Manufactured Housing Unit |
x |
No charge |
|
ALTA 8.1 |
Environmental Protection Lien |
x |
No charge |
|
ALTA 9 |
Restriction, encroachments, minerals |
x |
No charge |
|
ALTA 9.1 |
Restrictions, Encroachments, Minerals - Unimproved Land |
x |
No charge |
|
ALTA 9.2 |
Restrictions, Encroachments, Minerals - Improved Land |
x |
No charge |
|
ALTA 10 |
Assignment |
x |
$50 |
|
ALTA 10.1 |
Assignment & Down Date |
x |
$50 |
|
ALTA 11 |
Modification |
x |
$75 |
|
ALTA 13 |
Leasehold-Owner |
x |
No charge |
|
ATLA 13.1 |
Leasehold-Loan |
x |
No charge |
|
ALTA 14 |
Future Advance-Priority |
x |
$50 |
|
ALTA 14.1 |
Future Advance-Knowledge |
x |
$50 |
|
ALTA 14.2 |
Future Advance-Letter of Credit |
x |
$50 |
|
ALTA 15 |
Non-Imputation-Full Equity Transfer |
x |
5% of the basic rate for the owner policy. |
|
ALTA 15.1 |
Non-Imputation-Additional Insured |
x |
5% of the basic rate for the owner policy. |
|
ALTA 15.2 |
Non-Imputation-Partial Equity Transfer |
x |
5% of the basic rate for the owner policy. |
|
ALTA 16 |
Mezzanine Financing |
x |
5% of the basic rate for the owner policy. |
|
ALTA 17 |
Access and Entry |
x |
x |
No Charge |
ALTA 17.1 |
Indirect Access and Entry |
x |
x |
No Charge |
ALTA 18 |
Single Tax Parcel |
x |
x |
No Charge |
ALTA 18.1 |
Multiple Tax Parcel |
x |
x |
No Charge |
ALTA 19 |
Contiguity-Multiple Parcels |
x |
x |
$25 for transactions of One Million or less; N/C for transactions over One Million. |
ALTA 19.1 |
Contiguity-Single Parcel |
x |
x |
$25 for transactions of One Million or less; N/C for transactions over One Million. |
ALTA 20 |
First Loss-Multiple Parcel Transactions |
x |
$25 for residential transactions; $100 for commercial transactions. |
|
ALTA 21 |
Creditor's Rights Endorsement |
$25 for residential transactions; $100 for commercial transactions. |
||
E-9962 |
Homeowner's Inflation Protection |
No charge |
||
U.S. Policy Form Date Down |
x |
No charge |
||
E-9916 |
U.S. Policy Form - U.S. Postal Service |
x |
No charge |
|
E-9946 |
Revolving Credit/Variable Rate |
x |
No charge |
|
CLTA 111.9 |
FNMA Balloon Mortgage Endorsement |
x |
No charge |
|
E-9843 |
Secondary Market Endorsement |
x |
No charge |
|
E-9949 |
Down Date Endorsement |
x |
20% of Basic Rate with N/C for First Endorsement |
|
JR1 |
Supplement Coverage |
x |
No charge |
|
JR2 |
Revolving Credit/Variable Rate |
x |
No charge |
|
E-9826 |
Rate Reduction Endorsement |
x |
No charge |
|
E-9904 |
Series E Blank Endorsement |
x |
x |
No charge |
Additional New ALTA Endorsement Forms submitted on 11/1606 for Connecticut
All of these new forms have been adopted by the American Land Title Association as 6/17/06.
ALTA Endorsement 1-06 Street Assessments (E-9413) (6/17/06)
ALTA Endorsement 2-06 Truth In Lending (E-9414)
(6/17/06
ALTA Endorsement 3-06 Zoning (E-9415) (6/17/06)
ALTA Endorsement 3.1-06 Zoning-Completed Structure (E-9416) (6/17/06)
ALTA Endorsement 4-06 Condominium (E-9417) (6/17/06)
ALTA Endorsement 4.1-06 Condominium (E-9418) (6/17/06)
ALTA Endorsement 5-06 Planned Unit Development (E-9419) (6/17/06)
ALTA Endorsement 5.1-06 Planned Unit Development (E-9420) (6/17/06)
ALTA Endorsement 6-06 Variable Rate Mortgage (E-9421) (6/17/06)
ALTA Endorsement 6.2-06 Variable Rate Mortgage-Negative Amortization (E-9422) (6/17/06
ALTA Endorsement 7-06 Manufactured Housing Unit
(E-9423) (6/17/06)
ALTA Endorsement 7.1-06 Manufactured Housing Unit-Conversion Loan (E-9424) (6/17/06)
ALTA Endorsement 7.1 Manufactured
Housing Unit-Conversion Loan (E-9425) (6/17/06)
ALTA Endorsement 7.2 Manufactured Housing Unit-Conversion Owner
(E-9426) (6/17/06)
ALTA Endorsement 7.2-06 Manufactured Housing Unit-Conversion Owner
(E-9427) (6/17/06)
ALTA Endorsement 8.1-06 Environmental Protection Lien (E-9428)
(6/17/06)
ALTA Endorsement 9 Restrictions, Encroachments, and Minerals
(E-9429) (6/17/06)
ALTA Endorsement 9-06 Restrictions, Encroachments, and Minerals
(E-9430) (6/17/06)
ALTA Endorsement 9.1 Restrictions, Encroachments, and
Minerals-Owner's Policy - Unimproved Land (E-9431) (6/17/06)
ALTA Endorsement 9.1-06 Restrictions, Encroachments, and
Minerals-Owner's Policy - Unimproved Land (E-9432) (6/17/06)
ALTA Endorsement 9.2 Restrictions, Encroachments, and Minerals -
Owner's Policy- Improved Land (E-9433) (6/17/06)
ALTA Endorsement 9.2-06 Restrictions, Encroachments, and Minerals
- Owner's Policy- Improved Land (E-9434) (6/17/06)
ALTA Endorsement 9.3 Restrictions, Encroachments, and Minerals
(E-9435) (6/17/06
ALTA Endorsement 9.3-06 Restrictions, Encroachments, and Minerals
(E-9436) (6/17/06)
ALTA Endorsement 9.4 Restrictions, Encroachments, and Minerals -
Owner's Policy-Unimproved Land (E-9437) (6/17/06)
ALTA Endorsement 9.4-06 Restrictions, Encroachments, and Minerals
- Owner's Policy-Unimproved Land (E-9438) (6/17/06
ALTA Endorsement 9.5 Restrictions, Encroachments, and Minerals -
Owner's Policy-Improved Land (E-9439) (6/17/06
ALTA Endorsement 9.5-06 Restrictions, Encroachments, and Minerals
- Owner's Policy-Improved Land (E-9440) (6/17/06
ALTA Endorsement 10-06 Assignment (E-9441) (6/17/06)
ALTA Endorsement 10.1-06 Assignment and Date Down (E-9442)
(6/17/06)
ALTA Endorsement 11-06 Mortgage Modification (E-9443)
(6/17/06)
ALTA Endorsement 12-06 Aggregation (E-9444) (6/17/06)
ALTA Endorsement 13-06 Leasehold-Owner's (E-9445) (6/17/06)
ALTA Endorsement 13.1-06 Leasehold-Loan (E-9446) (6/17/06
ALTA Endorsement 14-06 Future Advance-Priority) w/MML (E-9447)
(6/17/06)
ALTA Endorsement 14.1-06 Future Advance-Knowledge w/MML (E-9449)
(6/17/06)
ALTA Endorsement 14.2-06 Future Advance-Letter of Credit w/MML
(E-9451) (6/17/06)
ALTA Endorsement 14.3 Future Advance-Reverse Mortgage w/MML
(E-9453) (6/17/06)
ALTA Endorsement 14.3-06 Future Advance-Reverse Mortgage w/MML
(E-9455) (6/17/06)
ALTA Endorsement 15-06 Nonimputation-Full Equity Transfer (E-9457)
(6/17/06)
ALTA Endorsement 15.1-06 Nonimputation - Additional Insured
(E-9458) (6/17/06)
ALTA Endorsement 15.2-06 Nonimputation-Partial Equity Transfer
(E-9459) (6/17/06)
ALTA Endorsement 16-06 Mezzanine Financing (E-9460)
(6/17/06)
ALTA Endorsement 17-06 Access and Entry (E-9461) (6/1/7/06)
ALTA Endorsement 17.1-06 Indirect Access and Entry (E-9462)
(6/17/06)
ALTA Endorsement 18-06 Single Tax Parcel (E-9463)
(6//1/7/06)
ALTA Endorsement 18.1-06 Multiple Tax Parcel (E-9464)
(6/17/06)
ALTA Endorsement 19-06 Contiguity-Multiple Parcels (E-9465)
(6/17/06)
ALTA Endorsement 19.1-06 Contiguity-Single Parcel (E-9466) (6/17/06)
ALTA Endorsement 20-06 First Loss-Multiple
Parcel Transactions (E-9467) (6/17/06)
ALTA Endorsement 21-06 Creditor's Rights (E-9468) (6/17/06)
ALTA Endorsement 22 Location (E-9469) (6/17/06)
ALTA Endorsement 22-06 Location (E-9470) (6//17/06)
ALTA Endorsement 22.1 Location and Map (E-9471)
(6/17/06)
ALTA Endorsement 22.1-06 Location and Map (E-9472)
(6/17/06)
Addendums to the Schedule of Charges and Forms
STEWART TITLE GUARANTY COMPANY
ADDENDUM TO THE SCHEDULE OF CHARGES AND FORMS
FOR THE STATE OF CONNECTICUT
Addendum Dated January 17, 2005
The following addendum will be used to add the rate for the Endorsements as indicated below:
Endorsements:
ALTA Endorsement Form 14 (Future Advance-Priority) (E-9652) (10/22/03
The Alta Endorsement Form 14 is a form of the Revolving Credit Endorsement. Mortgages sometimes secure accounts owing or to become owing to a lender where there will be frequent monetary advances and frequent repayments. The Alta Form 14 Endorsement is designed for insurance of priority of advances, regardless of whether the lender knows of the intervening liens and other matters. The ALTA 14 does not except to subsequent matters known by the insured at the time of advance. The endorsement may be issued on commercial or residential transactions.
The charge for this endorsement will be $50.00.
ALTA Endorsement Form 14.1 (Future Advance-Knowledge) (E-9654) (10/22/03)
The ALTA 14.1 endorsement is similar to the Alta 14 endorsement however it is designed for mortgages securing optional advances in those jurisdictions in which optional advances do not have priority if the insured has knowledge of the intervening matter. Unlike the Alta 14 endorsement, this endorsement contains an exclusion for lack of priority of any advance made after the insured has knowledge of a lien, encumbrance or other matter affecting the land. The endorsement may be issued on commercial or residential transactions.
The charge for this endorsement will be $50.00.
ALTA Endorsement Form 14.2 (Future Advance-Letter of Credit) (E-9656) (10/22/03)
The Alta 14.2 endorsement is designed for insurance of a mortgage securing a letter of credit or other surety or reimbursement agreement. Unlike the Alta 14 and Alta 14.1 endorsement, the Alta 14.2 endorsement does not insure with respect to interest rate adjustments. Unlike the Alta 14 and Alta 14.1 endorsement, this endorsement does not exclude advances made after a bankruptcy, consumer credit protection or truth-in-lending laws. It may be issued only on commercial transactions
The charge for this endorsement shall be $50.00.
Alta Endorsement Form 15 (Non-Imputation-Full Equity Transfer) (E-9658) (10/22/03)
The Alta 15 endorsement is designed to be issued with a policy insuring the record title holder, where the investors are acquiring ownership of that record title holder. The endorsement contemplates acquisition of the full interest in the “insured” under the policy. The endorsement is designed for issuance with an Owner’s Policy showing the titleholder as the insured, since it relates to action, inaction or knowledge as of Date of Policy. The endorsement limits applicability under paragraph 3(a), 3(b) and 3(c) of the Exclusion from Coverage section of the policy by reason of the action or inaction or knowledge of the named parties, all as more fully set forth in the Non-Imputation endorsement.
The charge for this endorsement shall be 5% of the basic rate for the owner policy of title insurance.
Alta Endorsement Form 15.1 (Non-Imputation-Additional Insured) (E-9659) (10/22/03)
The Alta 15.1 endorsement is particularly designed to be issued after the Date of Policy and to show the new investor as an additional insured. The Alta 15.1 contemplates acquisition of an interest in the “insured” under the policy and adds an “additional insured”(new investor) by the endorsement. This endorsement contemplates that the additional insured will not acquire 100% of the record title holder. The endorsement is designed for issuance with an Owner’s policy. Like the Alta 15 endorsement, the endorsement limits applicability under paragraph 3(a), 3(b) and 3(c) of the Exclusion from Coverage section of the policy by reason of the action or inaction or knowledge of the names parties, all as more fully set forth in the Non-Imputation endorsement.
The charge for this endorsement shall be 5% of the basic rate for the owner policy of title insurance.
Alta Endorsement Form 15.2 (Non-Imputation-Partial Equity Transfer) (E-9660) (10/22/03)
The Alta 15.2 endorsement is designed to be issued in connection with a separate title policy to the new investor in the record title holder. The endorsement contemplates acquisition of an interest in the existing (partnership, limited liability company or corporation) owner and names the incoming (new investor) member, partner or shareholder in its own policy. The endorsement is designed for issuance with a new Owner policy. Like the Alta 15 and 15.1, the endorsement limits applicability under paragraph 3(a), 3(b) and 3(c) of the Exclusion from Coverage section of the policy by reason of the action or inaction or knowledge of the names parties, all as more fully set forth in the Non-Imputation endorsement.
The charge for this endorsement shall be 5% of the basic rate for the owner policy of title insurance.
Alta Endorsement Form 16 (Mezzanine Financing) (E-9661) (10/22/03)
If a lender makes a loan to an owner (direct or indirect) of an equity interest in the mortgagor/record title holder, the lender will commonly request a Mezzanine Endorsement to the Owner’s Policy. The Mezzanine Lender does not secure a mortgage on the land, or a Loan Policy, but does secure title insurance by a Mezzanine Endorsement to the Owner’s Policy. The Mezzanine endorsement makes the Mezzanine Lender an assignee of payments under the Owner’s Policy not to exceed the debt owed to the Mezzanine Lender. The endorsement does not name the Mezzanine Lender as an additional insured by paragraph two of the endorsement. The endorsement may be issued simultaneously with or after the Date of the Owner Policy.
The charge for this endorsement shall be 5% of the basic rate for the owner policy of title insurance.
Alta Endorsement Form 17 (Access and Entry) (E-9662) (10/22/03)
The Alta 17 endorsement when attached to an Owner’s or Lenders Policy insures specific access to and from a physically open street or streets. This endorsement specifically refers to the street providing actual access, and insures the legal right of access along existing curb cuts or entries. The endorsement insures: (1) that the land abuts a named Street, (2) that the Street is physically open and publicly maintained, (3) that the land has actual pedestrian and vehicular access, and (4) that the insured has a right to use existing curb cuts along the abutting Street.
There is no charge for this endorsement.
Alta Endorsement Form 17.1 (Indirect Access and Entry) (E-9668) ( 01/17/04)
The Alta 17.1 endorsement when attached to an Owner’s or Lender’s Policy insures access via an easement, to a physically open street or streets. The Endorsement insures: (1) that the insured easement provides access to a named Street, (2) that the Street is physically open and publicly maintained, (3) that the easement provides actual pedestrian and vehicular access, and (4) that the insured has a right to use existing curb cuts along the Street abutting the easement.
There is no charge for this endorsement.
Alta Endorsement Form 18 (Single Tax Parcel) (E-9663) (10/22/03)
The Alta 18 endorsement when attached to an Owner’s or Lender’s Policy insures that the land (consisting of one parcel) is taxed as a separate tax parcel. It insures against loss if the land is taxed as part of a larger parcel or fails to constitute a separate tax parcel.
There is no charge for this endorsement.
Alta Endorsement Form 18.1 (Multiple Tax Parcels) (E-9664) (10/22/03)
The Alta 18.1 endorsement when attached to an Owner’s or Lender’s Policy insures against loss if (1) the parcels are not assessed for real estate tax purposes as the Tax Identification Numbers, (2) the parcels are taxed with any other land, or (3) the easements, if any, described in Schedule A can be cut off by non-payment of real estate taxes or assessments against the servient estate. This endorsement is issued if the land consist only of multiple tax parcels. There is no charge for this endorsement.
Alta Endorsement Form 19 (Contiguity-Multiple Parcels) (E-9665) (10/22/03)
The Alta 19 endorsement when attached to an Owner’s or Lender’s Policy insures that two or more insured parcels are contiguous along defined lines or boundaries. The endorsement also insures (to the same effect) that there are not gaps separating the insured contiguous boundary lines. The endorsement is issued where the contiguous tracts are insured by the policy. The charge for this endorsement shall be $25.00 for transactions of One Million ($1,000,000) or less and no charge for transactions over One Million ($1,000.000).
Alta Endorsement Form 19.1 (Contiguity-Single Parcel) (E-9666) (10/22/03)
The Alta 19.1 endorsement when attached to an Owner’s or Lender’s Policy insures that the insured parcel is contiguous to another, uninsured parcel of land along defined lines or boundaries. The endorsement also insures (to the same effect) that there are not gaps separating the insured parcel and the other, uninsured parcel. Typically, both parcels would be owned by the same owner, but would not have been acquired simultaneously. The endorsement is issued where the land is insured as contiguous to another tract that is not insured. The charge for this endorsement shall be $25.00 for transactions of One Million ($1,000,000) or less and no charge for transactions over One Million ($1,000.000).
ALTA Endorsement Form 20 (First Loss-Multiple Parcel Transactions) (E-9684)(4/19/04)
The Alta 20 endorsement when attached to a Lender’s Policy provides, under certain conditions, that the amount which the insurer shall be liable to pay under the policy shall be determined without requiring maturity of the indebtedness by acceleration or otherwise. An insured lender typically will not suffer a loss under a loan policy unless the loan is in default. On a multi-site loan as described, this could cause a hardship on the borrower and lender where the loan is otherwise in good standing, but for a threatened loss. This endorsement is then used typically on commercial transactions for these types of a multi-site loan.
The charge for this endorsement shall be $25 for residential property or $100 for commercial property.
ALTA Endorsement Form 21 (Creditor’s Rights Endorsement) (E-9685) (4/19/04)
Exclusion 4 of the 1992 ALTA Owner’s Policy and Exclusion 7 of the 1992 ALTA Loan Policy are the creditors’ rights exclusion. These exclusions exclude liability because the insured transaction is a fraudulent transfer or voidable preference. Many transactions do not create such a risk, such as where the financing is for purchase money or construction on the land, and where the insured mortgage is promptly recorded. In those cases where we conclude the risk is acceptable, we would issue the ALTA Endorsement 21. This endorsement when attached to an Owner’s or Loan Policy does insure against a claim that the insured conveyance or mortgage is avoidable as a fraudulent transfer or voidable preference, but does not insure against loss if the insured: (a) new when it acquired any estate, interest, or mortgage shown in Schedule A that the transfer, conveyance, or mortgage was intended to hinder, delay, or defraud any creditor; or (b) is found by a court not to be a transferee or purchaser in good faith.
The charge for this endorsement shall be $25 for residential property or $100 for commercial property.
ALTA Short Form Commitment (006-UN) (1/17/04)
The ALTA Short Form Commitment may be used when we commit to issue a Short Form Residential Loan Policy or Short Form Expanded Coverage Residential Loan Policy. The ALTA Short Form Commitment has all the insuring provisions, terms, and conditions of the ALTA Title Insurance Commitment dated 10/6/82.
ALTA Homeowner’s Policy of Title Insurance (0-9682) (10/22/03) (Modified)
We are submitting the ALTA Homeowner’s Policy of Title Insurance (0-9682) (10/22/03), an amended version of the previously filed and approved ALTA Homeowner’s Policy of Title Insurance (10/17/98). The only change in the two forms concerns Covered Risk 12 of the policy. The ALTA Form Committee has modified this covered risk in order to clarify that the policy does not insure against violations of covenants, conditions or restrictions relating to maintenance or repair on the land relating to environmental protection. This is consistent with the general proposition that our policies do not insure the physical condition of the land. The original form was never intended to cover these excluded matters and this added language simply clarifies that original intention. There is no rate change for the ALTA Homeowner’s Policy of Title Insurance associated with this filing.
STEWART TITLE GUARANTY COMPANY
ADDENDUM TO THE SCHEDULE OF CHARGES AND FORMS
FOR THE STATE OF CONNECTICUT
Addendum Dated November 15, 2006
The following addendum will be used to add the rate for the Policies and Endorsements as indicated below:
Policies:
ALTA 2006 Owner and Loan Policies (O-9401) and M-9402)( 6/17/06) :
The 2006 Policies were officially adopted by the American Land Title Association on June 17, 2006. These policies have been designed to be more logically organized and precise in wording. We feel that these policies will provide an acceptable, and more favorable product and will provide the insured with superior coverage. There will be no rate change for these policies as we are filing these ALTA 2006 policies at the same basic rate structure as presently approved for Connecticut.
ALTA Short Form Residential Loan Policy (2006) (U-9404)(6/17/06):
The new Short Form Residential Loan Policy One to Four Family was also adopted by the American Land Title Association on June 17, 2006. The policy is an abbreviated short form version of the new 2006 Alta Loan Policy and has all the terms and provisions of this policy. The policy is designed so that certain Alta endorsements forms are either included or may be specified by marking a box on the policy. The changes to the 2006 Alta Short Form Residential Loan Policy are: additional potential endorsements such as the Alta 14-06; 14.1-06; 14.3-06; and 22-06 for Schedule A; On Schedule B, the deletion of exceptions as to taxes not yet due and payable and to survey matters were removed as they were viewed as no longer necessary. The exception relating to covenants, conditions and restrictions concerning environmental matters was amended. There will be no rate change for this policy as we are filing this policy using the same basic loan rate presently approved for Connecticut.
New ALTA Commitments:
The new Alta commitments adopted by the American Land Title on June 17, 2006 are the Alta Commitment Form (6/17/06)(004-UN and the Alta Plain Language Commitment Form (6/17/06)(245). These commitments should be used when the 2006 Policies will be issued. There is no charge for these forms.
Endorsements:
ALTA Endorsement 7.1 (E-9425) and 7.1-06 (E-9424)(6/17/06)
The new ALTA Endorsement 7.1 is issued with a Loan Policy and insures (1) that the owner of the land owns the manufactured housing unit, (2) that the manufactured housing unit is on the land, (3) that the manufactured housing unit is real property, (4) that there are no personal property liens against the manufactured housing unit (unless excepted in Schedule B), (5) that the lien of the insured mortgage attaches to the manufactured housing unit, and (6) that the lien of the Insured Mortgage can be foreclosed in a single foreclosure procedure against the manufactured housing unit and (remaining) land. The charge for these endorsements will be the same rate as the current Alta 7 endorsement which is no charge.ALTA Endorsement 7.2 (E-9426) and 7.20-6 (E-9427)(6/17/06)
The new ALTA Endorsement 7.2 is issued with an Owner’s Policy and provides the same insurance as the ALTA Endorsement 7.1, except that it does not insure that the lien of the Insured Mortgage attaches to the manufactured housing unit or that the lien can be foreclosed in a single foreclosure procedure. The charge for these endorsements will be the same rate as the current Alta 7 endorsement which is no charge.
ALTA Endorsements 9.3(E-9435), 9.3-06(E-9436); 9.4(E-9437), 9.4-06(E-9438); and 9.5(E-9439); 9.5-06(E-9440)(6/17/06)
The ALTA also adopted new Endorsements 9.3, 9.4, and 9.5. The ALTA Endorsement 9.3 is similar to the existing ALTA Endorsement 9, the ALTA Endorsement 9.4 is similar to the existing ALTA Endorsement 9.1, and the ALTA Endorsement 9.5 is similar to the existing ALTA Endorsement 9.2. These endorsements provide new coverage against damage to existing or future improvements because of development of minerals. There is no charge for these endorsements.
ALTA Endorsement 14.3(E-9453) and 14.3-06(E-9455)(6/17/06)
The new ALTA Endorsement 14.3 (Future Advance – Reverse Mortgage) insures the validity, enforceability, and priority of the lien of the insured mortgage for future Advances pursuant to a Reverse Mortgage. It also includes insurance as to variable interest and negative amortization. Unlike most Reverse Mortgage Endorsements, this Endorsement also insures against loss because of (1) failure of the Insured Mortgage to state the term for Advances, (2) failure of the Insured Mortgage to state the maximum amount secured by the Insured Mortgage, and (3) failure of the mortgagors to be at least 62 years of age (a HUD requirement). The charge for these endorsements will be the same as the Alta 14.1 and 14.2 endorsements which is $50.00.
ALTA Endorsements 22(E-9469); 22-06(E-9470) and 22.1(E-9471); 22.1-06(E-9472) (6/17/06)
The new ALTA Endorsements 22 and 22.1 are similar to the CLTA Location Endorsement (116). ALTA Endorsement 22 (Location) insures that a specified improvement, known as a stated street address, is located on the Land at Date of Policy. ALTA Endorsement 22.1 (Location and Map) also insures that the map, if any, attached to the policy correctly shows the location and dimensions of the Land according to the Public Records. The charge for these endorsements will be $25.00 for transactions of One Million ($1,000,000) or less and no charge for transactions over One Million ($1,000.000).
STEWART TITLE GUARANTY COMPANY
ADDENDUM TO THE SCHEDULE OF CHARGES AND FORMS
FOR THE STATE OF CONNECTICUT
Addendum dated September 9, 2008
The following addendum will be used to add the rate for the ALTA Endorsement 11-06 Mortgage Modifications as indicated below:
ALTA Endorsement 11-06 Mortgage Modifications
The ALTA Endorsement 11-06 Mortgage Modifications endorsement is an endorsement which provides insurance against loss resulting from the invalidity or unenforceability of the lien of the insured mortgage as a result of its formal modification by a recorded agreement. The modification endorsement insures the lender that (1) the modification of the mortgage does not result in invalidity or unenforceability of the lien of the insured mortgage, and (2) the mortgage as modified, has priority over defects, liens, and encumbrances, at date of the endorsement, except for those shown in the policy or any prior endorsements and except those set forth in the endorsement.
The charges for the endorsement will be 30% of the Mortgagee Policy Basic Rate.
STEWART TITLE GUARANTY COMPANY
ADDENDUM TO THE SCHEDULE OF CHARGES AND FORMS
FOR THE STATE OF CONNECTICUT
ADDENDUM DATED: August 4, 2009
The following addendum will be used to add the rate for the Endorsements, Commitment and Modification Guarantee as indicated below:
Endorsements:
ALTA Endorsement 8.2-06 Commercial Environmental Protection Lien
The Commercial Environmental Protection Lien endorsement is issued in conjunction with a loan policy and can be used to insure property which is considered commercial type property. It provides assurances that there are no environmental protection liens filed in the local public records or in the federal district court clerk’s office that could have priority over the lien of the insured mortgage (unless any such lien is excepted).
The recommended charge for this endorsement is $50.00.
ALTA Endorsement 17.2-06 Utility Access
The new ALTA Endorsement 17.2-06 (Utility Access) insures against loss if there is a lack of a right of access to specific utilities or services over, under or upon rights-of-way or easements because of: (1) a gap or gore between the boundaries of the Land and the rights-of-way or easements, (2) a gap between the boundaries of the rights-of-way of easements, or (3) a termination by a grantor, or its successor, of the rights-of-way or easements. The recommended charge for this endorsement is $100.00.
ALTA Endorsement 24-06 Doing Business
The new ALTA Endorsement 24-06 (Doing Business) insures against unenforceability of the lien of the insured mortgage because making the loan violated doing business laws of the state in which the land is located. The recommended charge for this endorsement is $50.00.
ALTA Endorsement 25-06 Same As Survey
The new ALTA Endorsement 25-06 (Same As Survey) insures that the description of the land shown in Schedule A of the policy is the same as the land shown on the mentioned survey. The recommended charge for this endorsement is $50.00.
ALTA Endorsement 25.1-06 Same as Portion of Survey
The new ALTA Endorsement 25.1-06 (Same as Portion of Survey) insures that the description of the land shown in Schedule A of the policy is the same land shown on a defined parcel of the mentioned survey. The recommended charge for this endorsement is $50.00.
ALTA Endorsement 26-06 Subdivision
The new ALTA Endorsement 26-06 (Subdivision) insures against failure of the land to constitute a lawfully created parcel according to the subdivision and local subdivision ordinances. The recommended charge for this endorsement is $50.00.
ALTA Endorsement 27-06 Usury
The new ALTA Endorsement 27-06 (Usury) is issued only in conjunction with the Loan Policy. The endorsement insures against loss by reason of invalidity or unenforceability of the lien of the insured mortgage resulting from violation of the usury laws of a specific state in effect at the date of the policy. The recommended charge for this endorsement is $100.00.
ALTA Endorsement 28-06 Easement-Damage or Enforced Removal
The new ALTA Endorsement 28-06 (Easement-Damage or Enforced Removal) provides insurance to a lender against loss in the event that a specific easement holder shall (1) cause damage to a building located on the land at date of policy, or (2) compel the removal or alterations of an existing building located on the land at date of policy. The recommended charge for this endorsement is $50.00.
ALTA Short Form Commitment (10/16/08):
The ALTA Short Form Commitment adopted October 16, 2008 by the American Land Title Association, may be used when we commit to issue a Short Form Residential Loan Policy or Short Form Expanded Coverage Residential Loan Policy. There is no rate change for this product. The ALTA Short Form Commitment has all the insuring provisions, terms, and conditions of the ALTA Plain Language Commitment (06/17/06).
Modification Guarantee
The Modification Guarantee may be issued in connection with a modification of a mortgage by an institutional lender covering one-to-four residential real property only if the order, applicable legal description or address, and names of parties to the modification for issuance are placed and communications sent electronically through websites or other electronic communications to locations explicitly designated by Stewart Title Guaranty Company for placement or orders for the Modification Guarantee. The Modification Guarantee may be modified and extended by one or more continuations or down dates. The rate for the Modification Guarantee shall be $150.00. The rate for each continuation or down date shall be $25.00. The rate shall not include any charges for separate services, including abstracting or search services, or recording, that are provided to institutional lenders.Real Estate Practices
Attorney Involvement
Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.
By custom, settlements are conducted by attorneys. Conveyance instruments are drawn by attorneys. Only attorneys licensed to practice law in the State of Connecticut may be title agents.
Certificate of Release (of Mortgage)
If anyone other than the lender (such as a title agent, settlement agent, underwriter or attorney) has the authority to release the security instrument, please describe.
Under certain circumstances, Conn. Gen. Stat. § 49-8a permits the recording of an affidavit by an attorney or an officer of a title insurer, which affidavit constitutes a release of lien.
Payment Customs
Who customarily pays for:
(a) Owner’s Policy?
(b) Transfer Tax & Recording Fee?
(c) Survey Charges?
(d) Closing/Settlement Fees?
Who customarily pays for:
(a) Owner’s Policy? Buyer pays.
(b) Transfer Tax & Recording Fee? Seller pays transfer tax. Seller pays recording fee for clearance items (e.g., release of mortgage); Buyer pays recording fee for instruments of conveyance and financing instruments.
(c) Survey Charges? Buyer pays.
(d) Closing/Settlement Fees? Buyer and seller each pay their own.
Real Estate Taxes
Please describe the general tax year, due dates, and delinquency dates, including lien dates and payment cycle.
Real property is assessed by the municipality every October 1st; most towns require payment in two installments, the first installment being due the July 1st following the assessment date and the second installment being due the January 1st following that. A few towns permit payment in quarterly installments.
For more specific real estate tax information, please refer to the respective closing customs of the eight County Bar Associations.
Search Requirements
Is there a minimum period of time for a title search required: (a) by state law, (b) pursuant to marketable record title acts, or (c) by any other applicable title examination standards (e.g., state bar association)? Please respond to each category. If a minimum search period exists for any category, please state it.
The minimum period of time for a title search is forty years pursuant to the Marketable Record Title Act. By custom and underwriting practice, shorter search periods are generally used for refinance transactions.
Security Instruments (Deed of Trust vs. Mortgage)
Please describe the customary and permissible form(s) of security instruments used in your state.
Who can be listed as the trustee on the Deed of Trust (e.g., residency and/or natural person requirements, etc.)? Can an underwriter or title agent be designated as the trustee, and, if so, is it customary?
Mortgage only. Deeds of trust are not used.
Standard Exceptions and Requirements
Please identify the standard exceptions and requirements that are customarily used in your state.
The standard general exceptions are:
Liens for all real estate taxes and assessments for the year October 1, ______ and all subsequent years, which are not yet due and payable. [Requires confirmation that all prior taxes are paid.]
Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the Land.
Easements, or claims of easements, not shown by the Public Records.
Rights or claims of parties in possession not shown by the Public Records.
Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records.
Transfer Taxes
Is there a transfer tax in your state? If yes, is it uniform across the state or does it vary? If it is uniform, please describe.
The transfer tax is called a conveyance tax. One portion of the conveyance tax goes to the State; the other portion goes to the municipality where the property is located.
Rates for the State portion of the conveyance tax are uniform throughout the State but vary depending on the type of property. Refer to Conn. Gen. Stat. § 12-494 et seq., and Department of Revenue Services Form OP-236.
The municipal portion of the conveyance tax varies across the State. This rate is available by contacting the town clerk’s office.
