The ALTA 9-06, 9.7-06, and 9.10-06 endorsements deal with restrictions, encroachments, and minerals. Generally, this endorsement protects the insured Lender against financial loss in the event that:
- Violations of existing covenants divest, subordinate, or extinguish the lien of the Insured Mortgage; cause the invalidity or unenforceability of the Insured Mortgage; or cause a loss of Insured’s Title acquired in satisfaction or partial satisfaction of the Indebtedness.
- There are no present violations of any enforceable covenants affecting the land.
- Forced removal of Improvements, as defined in the endorsement, because of a violation of a of a building setback line shown on a plat of subdivision.
- Encroachments of Improvements, as defined in the Endorsement, onto adjoining land or onto an easement, unless the encroachment is excepted on Schedule B.
- Encroachments of adjacent Improvements, as defined in the Endorsement, onto the Land, unless the encroachment is excepted on Schedule B.
- Forced removal of Improvements of encroachments identified on Schedule B from adjoining land.
- Damage to Improvements, as defined in the Endorsement, which encroach onto an easement, where the damage results from the exercise of the easement for the purpose for which it was granted.
- Damage to Improvements, as defined in the Endorsement, resulting from the future exercise of mineral rights or other subsurface substances, which rights are exceptions in Schedule B.
The ALTA 9.10-06 limits the coverage in paragraph (a) above to present violations that could result in forfeiture of the insured title, but does not indicate that a future violation, and does not insure ag
Commercial Partners Title Company
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