Bulletin: WV2012002

Date:
August 02, 2012
To:
All West Virginia Issuing Offices
RE:
Revised Schedule of Charges and Forms for use in the State of West Virginia

Dear Associates:

Please be advised that the West Virginia Rate Manual and Schedule of Charges will be updated on August 6, 2012, with an effective date for the use of the new manual of August 15, 2012.  A true copy of the new West Virginia Rate Manual and Schedule of charges will be viewable online at http://vuwriter.com and http://www.stewart.com/west-virginia.

NOTE:  Charges for residential use of ALTA Endorsement 9-06 (Restrictions, Encroachments, Minerals) (06/17/06) and ALTA 9.3 have been eliminated.

Stewart Title Guaranty Company has also recently filed new or revised ALTA Forms with the West Virginia Department of Insurance.  These forms have been approved for use in West Virginia.  You may find the new and revised forms and Guidelines for issuance thereof online at http://vuwriter.com.

The following will outline the policies and endorsements that have been approved and their corresponding charges:

POLICIES

The following are newer versions of existing policies:

ALTA Homeowner’s Policy of Title Insurance (02/03/10)
The ALTA Homeowner’s Policy of Title Insurance (02/03/10) is designed to incorporate the changes of the 2006 Owner’s Policy and improve the title insurance coverage given to the insured.  The only changes in the 2010 Policy include:

  • The expansion of the Continuation of Coverage provision by adding provision b. 5 to the policy.
  • The inclusion of a creditor’s rights exclusion (No. 7) that is consistent with the Covered Risks.
  • The new definition for Estate Planning Entity was added to the definition section.

ALTA Expanded Coverage Residential Loan Policy for a One-To-Four Family Residence (7/26/10), and  

ALTA Short Form Expanded Coverage Residential Loan Policy (7/26/10)
The ALTA Expanded Coverage Residential Loan Policy For a One-To-Four Family Residence (7/26/10) is designed to incorporate the changes of the 2006 Loan Policy and improve the title insurance coverage given to the insured.  The only changes in the policy include: 

  • The inclusion of a creditor’s rights exclusion (No.9) that is consistent with the Covered Risks. 
  • The change in Section 8(a) (iii) language to be more consistent to the existing ALTA Loan Policy of 6/17/06. 

ENDORSEMENTS  

The following are newly adopted endorsement forms: 

ALTA Endorsement 11.1-06 Mortgage Modification with Subordination
This endorsement is designed for issuance when an intervening lien is subordinated by agreement to the insured mortgage in connection with the modification of the insured mortgage.  This form is similar to the ALTA Endorsement 11-06 which is already available in West Virginia

ALTA Endorsement 29-06 Interest Rate Swap Endorsement - Direct Obligation
This new endorsement insures the validity, priority, and enforceability of the lien of the Insured Mortgage as security for the repayment of the Swap Obligation. This endorsement will only be issued for Commercial transactions. 

ALTA Endorsement 29.1-06 Interest Rate Swap Endorsement - Additional Interest
This new endorsement insures the validity, priority, and enforceability of the lien of the Insured Mortgage as security for the repayment of the Swap Obligation that is considered additional interest. This endorsement will only be issued for Commercial transactions. 

ALTA Endorsement 29.2-06 Interest Rate Swap Endorsement - Direct Obligation - Defined Amount
This endorsement insures against loss or damage, not to exceed the Additional Amount of Insurance, by reason of the invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as security for the repayment of the Swap Obligation at the Date of the Endorsement. 

ALTA Endorsement 29.3-06 Interest Rate Swap Endorsement - Additional Interest - Defined Amount
This endorsement insures against loss or damage, not to exceed the Additional Amount of Insurance, by reason of the invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as security for the repayment of the Additional Interest at Date of Endorsement. 

ALTA Endorsement 30-06 One To Four Family Shared Appreciation Mortgage
This new endorsement may be used in connection with loan workouts or other finance transactions where the mortgage could secure payment of a portion of the appreciation in value of the land. The endorsement is designed for issuance on mortgages covering one-to-four family residences. 

ALTA Endorsement 31-06 Severable Improvements
This new endorsement insures against covered losses with respect to property affixed to the land that does not constitute real property. The endorsement applies to commercial properties and insures not only specified loss resulting in the reduction in value of the insured’s interest in any severable improvements but also stated cost actually incurred in connection with the removal of any severable improvement.

ALTA Endorsement 32-06 Construction Loan - Loss of Priority
This new endorsement provides stated insurance with respect to the validity or priority of the lien of the insured mortgage as security for each construction loan advance made on or before the date of coverage. 

ALTA Endorsement 32.1-06 Construction Loan-Loss of Priority - Direct Payment
This new endorsement provides stated insurance with respect to the validity or priority of the lien of the insured mortgage as security for each construction loan advance made on or before the date of coverage. 

ALTA Endorsement 33-06 Disbursement
This new endorsement provides for a change to the date of coverage, but not the date of policy. This endorsement does not serve to change the dates on any endorsements and/or extended coverage.

ALTA Endorsement 34-06 Identified Risk Coverage
This endorsement insures against loss or damage sustained by the Insured by reason of: (a.) A final order or decree enforcing the Identified Risk in favor of an adverse party; or (b.) The release of a prospective purchaser or lessee of the Title or lender on the Title from the obligation to purchase, lease, or lend as a result of the Identified Risk, but only if (i.) there is a contractual condition requiring the delivery of marketable title, and (ii.) neither the Company nor any other title insurance company is willing to insure over the Identified Risk with the same conditions as in this endorsement. 

REVISED ENDORSEMENTS  

New versions of the ALTA endorsements have been filed to aid in the understanding and interpreting of the 2006 policies as follows: 

  • ALTA Endorsement 3.1-06 Zoning-Completed Structure
  • ALTA Endorsement 4-06 Condominium
  • ALTA 5-06 Planned Unit Development
  • ALTA 10-06 Assignment
  • ALTA 10.1-06 Assignment and Date Down
  • ALTA Endorsement 13-06 Leasehold-Owner’s
  • ALTA Endorsement 13.1-06 Leasehold-Loan
  • ALTA Endorsement 14-06 Future Advance-Priority
  • ALTA Endorsement 14-06 Future Advance-Priority without MML
  • ALTA Endorsement 14.1-06 Future Advance-Knowledge
  • ALTA Endorsement 14.1-06 Future Advance-Knowledge without MML
  • ALTA Endorsement 14.2-06 Future Advance-Letter of Credit
  • ALTA Endorsement 14.2-06 Future Advance-Letter of Credit without MML
  • ALTA Endorsement 14.3-06 Future Advance-Reverse Mortgage
  • ALTA Endorsement 14.3-06 Future Advance-Reverse Mortgage without MML
  • ALTA Endorsement 28-06 Easement-Damage or Enforced Removal

Additionally, charges for residential use of ALTA Endorsement 9-06 (Restrictions, Encroachments, Minerals) and ALTA 9.3 (Restrictions, Encroachments, Minerals - Loan Policy) have been eliminated.

All agents using AFW must contact PropertyInfo Customer Care (888-526-3282) to get the new rate(s) changes implemented in their AFW system.

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

For on-line viewing of this and other bulletins, please log onto www.vuwriter.com

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.

References

Bulletins Replaced:
WV2011002 New WV Rate Manual and Schedule of Charges
Related Bulletins:
MU2008002 New ALTA Forms
 
MU2009006 New ALTA Forms
 
MU2009008 New ALTA Forms (10-22-09)
 
MU2010003 New, Revised, or Withdrawn ALTA Forms (2-03-10)
 
SLS00307 2006 ALTA Forms
Underwriting Manual:
None
Exceptions Manual:
None
Forms:
ALTA Endorsement 10.1-06 (Assignment and Date Down) Revised 02/03/10 Technical Correction 08-01-16
 
ALTA Endorsement 11.1-06 (Mortgage Modification with Subordination) (10/22/09)
 
ALTA Endorsement 13-06 (Leasehold - Owner's) Revised 02-03-11
 
ALTA Endorsement 13.1-06 (Leasehold - Loan) Revised 02-03-11
 
ALTA Endorsement 14-06 (Future Advance - Priority) Revised 02-03-11
 
ALTA Endorsement 14-06 (Future Advance-Priority) (without MML) 02-03-11
 
ALTA Endorsement 14.1-06 (Future Advance - Knowledge) Revised 2-3-11
 
ALTA Endorsement 14.1-06 (Future Advance-Knowledge) (without MML) 02-03-11
 
ALTA Endorsement 14.2 (Future Advance-Letter of Credit) (without MML)
 
ALTA Endorsement 14.2-06 (Future Advance - Letter of Credit) Revised 02-03-11
 
ALTA Endorsement 14.3-06 (Future Advance - Reverse Mortgage) Revised 02-03-11
 
ALTA Endorsement 14.3-06 (Future Advance-Reverse Mortgage) (without MML) 02-03-11
 
ALTA Endorsement 28-06 (Easement - Damage or Enforced Removal) Revised 02/03/10
 
ALTA Endorsement 29-06 (Interest Rate Swap Endorsement - Direct Obligation) (02-03-10) Technical Corrections (04-02-14; 08-01-16)
 
ALTA Endorsement 29.2-06 (Interest Rate Swap Endorsement - Direct Obligation - Defined Amount) (08-01-11) Technical Corrections (04-02-14)(08-01-16)
 
ALTA Endorsement 29.3-06 (Interest Rate Swap Endorsement - Additional Interest - Defined Amount) (08-01-11) Technical Corrections (04-02-14; 08-01-16)
 
ALTA Endorsement 3.1-06 (Zoning-Completed Structure) Revised 10/22/09
 
ALTA Endorsement 30-06 (Shared Appreciation Mortgage) (7-26-10)
 
ALTA Endorsement 31-06 (Severable Improvements) Adopted 02-03-11
 
ALTA Endorsement 32-06 (Construction Loan) (02-03-11; 04-02-12) Technical Correction (12-01-18)
 
ALTA Endorsement 32.1-06 (Construction Loan - Loss of Priority - Direct Payment) Adopted 02-03-11
 
ALTA Endorsement 33-06 (Disbursement) Adopted 02-03-11
 
ALTA Endorsement 34-06 (Identified Risk Coverage) (08-01-11)
 
ALTA Endorsement 4-06 (Condominium - Assessments Priority) Revised 02-03-10 Technical Correction 12-01-16
 
ALTA Endorsement 5-06 (Planned Unit Development - Assessments Priority) Revised 02-03-10 Technical Correction 12-01-16, 12-01-17
 
ALTA Endorsement 9 (Restrictions, Encroachments, Minerals) (10/17/98)
 
ALTA Homeowner's Policy of Title Insurance Revised 02/03/10