As Of March 8, 2010, Major Title Insurers Will No Longer Underwrite Policies To Protect Creditors' Rights


On February 3, 2010, the American Land Title Association ("ALTA") Board of Governors unanimously voted to withdraw and decertify its Form 21-06 Creditors' Rights Endorsement ("Endorsement"). The California Land Title Association ("CLTA") Board of Governors quickly followed suit, withdrawing its own Endorsement (Forms 131 and 131-6) on February 16, 2010. While the ALTA Board made clear that its action had no effect on an individual title insurers' ability to provide protection to owners and/or lenders with respect to creditors rights, many of the major industry leaders—for example First American Title and Fidelity National Title (including related companies such as Chicago Title)—promptly announced they would no longer be providing insureds with coverage for creditors' rights.

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