STG Usury Endorsement 2
This form should not be used if a comparable ALTA version is available. If a comparable ALTA version is available, the most current version of the ALTA form available in each state should be used, unless approved by a Stewart underwriter.
Attached to and Forming a Part of
___________ No. _____________
STEWART TITLE GUARANTY COMPANY
The Company hereby insures the Insured against loss or damage not exceed the Amount of Insurance stated in Schedule A, which the Insured shall sustain by reason of the entry of any court order or judgment which constitutes final determination and adjudges:
(a) That the lien of the mortgage referred to in Schedule A is invalid or unenforceable as to the principal and/or interest due on the note secured thereby, said interest being computed in accordance with provisions of such mortgage, on the ground that the loan evidenced by the note secured thereby is usurious under the laws of the State of __________ in effect at Date of Policy.
(b) That any part of the principal and interest, said interest having been computed in accordance with the provisions of such mortgage which has been paid to the Insured must be repaid, as well as any additional sums which must be paid to the person entitled to such repayment on the ground that the amount of interest so paid violated the usury laws of the State of ________ in effect at Date of Policy.
THIS ENDORSEMENT MAY NOT BE ISSUED WITHOUT APPROVAL FROM STEWART TITLE GUARANTY UNDERWRITING PERSONNEL
The insurance against usury risks afforded by this Endorsement and its effect on the title insurance under the Policy to which it is attached shall survive the satisfaction of the mortgage or trust deed, the lien of which is thus insured.
This Endorsement is made a part of the Commitment or Policy. It is subject to all the terms of the Commitment or Policy and prior endorsements. Except as expressly stated on this Endorsement, the terms, dates and amount of the Commitment or Policy and prior endorsements are not changed.
Note : This Endorsement shall not be valid or binding until countersigned by an authorized signatory.
For issuing guidelines on this form, see Guidelines