Same Thing, Different Result
by Sarah Holdener, Esq.
As I explained in an earlier title tip, some of the revisions to the 2006 Policies were for clarification due to the courts misinterpreting language in the 1992 Policies. And frankly, the old version was a bit confusing. Specifically there were areas where the American Land Title Association (ALTA) intended there to be coverage by listing something as an Exception to an Exclusion from coverage. The double negative was intended to create positive coverage, but the courts frequently interpreted these as non-covered items.
With the 2006 Policies ALTA removed these Exceptions to the Exclusions and listed them instead as Covered Risks. A few examples contained in both the 2006 Owners Policy and Loan Policy as Covered Risks are as follows:
5. The violation or enforcement of any law, ordinance,
permit, or governmental regulation (including those relating to building and
zoning) restricting, regulating, prohibiting, or relating to
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and
is binding on the rights of a purchase for value without Knowledge.
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Patricia Wilson joined Benchmark Title in September 2005 as a Title Examiner. She first began working in title insurance in 1999 in the policy department for a St. Louis area title company as a policy clerk. She has also worked as a policy examiner, typist, proofreader, abstractor and has searched properties in counties throughout the St. Louis and Metro East areas. Since joining Benchmark Patty has examined residential and commercial properties and recently moved into the position of escrow processor in the escrow department. During any down time, she also assists with residential examinations. Patty lives in Troy, IL with her husband Doug and two cats, Shadow and Lexi. She can be reached at 618-239-3750 or by email at firstname.lastname@example.org.
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