2nd Quarter Commercial Corner

Endorsements, which add or modify the coverage provided by a title policy, have become more uniform over the years, being sanctioned by the American Land Title Association. Endorsements that were once created and filed locally in Michigan have given way to nationally standardized language.  As such, they are periodically reviewed and occasionally revised by the ALTA forms committee.  While such revisions may often be minor language adjustments, every so often more dramatic changes in the coverage are approved by the ALTA and promulgated nationally.

A prime example of this is the recent revisions of the ALTA 9 Endorsement, once identified as the Restrictions, Encroachments, Minerals (“R.E.M.” or “Comprehensive”) Endorsement.  This Endorsement was first used in the 1980’s to bundle affirmative coverages, which most lenders routinely requested in connection with matters shown on Schedule B of the Loan Policy or were not covered by that policy.  It insured the holder of the indebtedness (the lender) against loss or damage resulting from a number of potential adverse matters.

Those matters included possible violations of covenants, conditions and restrictions (CC&Rs), encroachments of the improvements onto adjoining land or into easements on the land, and damage to existing improvements as a result of the exercise of mineral rights for extraction or development. Similar, although more limited coverage of this sort was later provided with Owner’s Policies – the ALTA 9.1 for improved land and the ALTA 9.2 for unimproved land.

The ALTA forms committee has carved up and created several variations of the former ALTA 9, resulting in a virtual menu of ALTA 9 Endorsements, including variations when the property is under development or has existing improvements.  The issue of enforceable “Private Rights” is another issue that may be afforded coverage for a Loan Policy.  And, the new ALTA 9.1 and 9.2 Endorsements now only provide CC&R coverage.  There are separate endorsements created to deal with coverage for encroachments and the exercise of mineral rights.  Through this all, the basic ALTA 9 for Loan Policies is still intact. But, it becomes rather clear that the endorsement landscape is a continually changing one.  Check with your experienced commercial title professional at BHT Commercial, if you have any endorsement or title coverage questions.

BHT Commercial

BHT Commercial is the commercial division of Best Homes Title Agency, LLC, a full service title agency, providing comprehensive title and settlement services for residential and commercial real estate transactions. While the name Best Homes might suggest a strong dedication to residential transactions, BHT Commercial has the personnel, experience and applied technology to handle all types of real estate transactions – commercial, industrial and developmental, as well as default, new construction and extraordinary situations.

Led by Chief Operations Officer, Allan Dick, with over 40 years of commercial title insurance experience with local, national and multi-site transactions, BHT Commercial’s staff of dedicated commercial real estate experts include Attorney-President Neil Sherman and Attorney-Vice President Peter Schneiderman. Peter has well over 30 years of experience with commercial transactions, representing lenders, developers and commercial realtors, as well as Best Homes Title Agency.

Allan Dick’s background includes having been senior underwriter for three major title insurance underwriters, national accounts division manager for First American Title Insurance Company and is currently President of the Michigan Land Title Association. With a hands-on approach, he has underwritten, coordinated closed a wide variety of commercial transactions.

With the help of a strong support staff of some 40 title and escrow personnel, BHT Commercial and Best Homes Title Agency, LLC have the experience, expertise and staff to provide the very best in title and closing services for commercial real estate transactions of all types and sizes

Best Homes Title Agency Residential Services

Best Homes Title Agency, LLC, headquartered in Farmington Hills, Michigan
provides comprehensive title insurance, title examination and
closing services throughout the State of Michigan.

Residential Services
  • Owner and Lender Title Insurance
  • Residential and Commercial Closings
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  • For Sale By Owner
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  • Office Hours 8 a.m. – 6 p.m.
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  • Eight Closing Locations in the Metro Detroit Area
  • Evening and Weekend Closings
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  • Ultra-mobile Professional Closers (accessible by email or cell phone)
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