As a safer trust deed investor you should always demand that your broker and/or title co. provide you with a "full" "extended" "ALTA lenders title policy" with "no deletions!" Brad Evans Real Estate Loans investors are always given full extended ALTA title policies with no deletions on all trust deed investments brokered (plus many other items such as a foundation endorsement on construction loans and an ALTA rewrite where necessary on all construction loans).
What the heck does that mean??
There are generally two types of title insurance policies used. CLTA (California Land Title Association) is insuring against loss including attorney fees (up to the purchase price for as long as he owns the property) due to all matters of record, fraud and forgery, and it assures that title is being vested in the person shown on the policy.
The ALTA (American Land Title
Association) policy covers the same items as the CLTA policy
as well as
many additional risks such as unrecorded mechanic's liens,
encumbrances, encroachments, easements, water rights,
patent reservations, conflicts of boundary lines, shortages
access to and from the land and other visible matter, as the
company actually performs a physical inspection before it
issues an ALTA
Institutional lenders (as well as Brad Evans) demand an ALTA policy as it insures the lender against loss for the entire length of the loan and the un-enforceability or invalidity of the note and deed of trust.
Some ALTA policies will list deletions. The most common deletions may exclude mechanics liens on construction loans with broken priority, I.e. any construction were started before escrow recorded. Some ALTA policies list so many deletions they begin to resemble the more limited coverage CLTA policies provide.
You can begin to see why it is so important for you as a lender to obtain the most protection available. You can also see that if your coverage is called ALTA but has deletions you may really only be getting the equivalent of CLTA coverage. Always obtain the maximum title insurance coverage available.
Excerpts from "California Title Insurance
Practice" by John L. Hosack:
In addition, policy coverage is extended to the following matters that are ordinarily excluded from the CLTA standard coverage policy: off-record defects, liens, encumbrances, easements, and encroachments; rights of parties in possession or rights discoverable by inquiry of parties in possession and not shown on the public records; water rights, mining claims, and patent reservations; and discrepancies or conflicts in boundary lines and shortages in areas that are not reflected in the public records.
As a safer trust
deed investor you should always demand that your broker
provide you with
a full extended ALTA lenders title policy with no
Ca. Dept of
Real Estate Brokers
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