![]() ![]() Matters excluded include, but are not limited to, failure to withhold funds as required by law, any other failure to comply with applicable law, failure to pay retainage, approval of extras resulting in additional costs, disputes over services, failure to provide adequate funds, failure to fully disburse or to disburse to lien claimants, failure to require lien waivers from lien claimants, etc. However, these endorsements may also be used for situations where the mortgage or deed of trust has priority over mechanic’s liens.ĪLTA Endorsements 32-06, 32.1-06 and 32.2-06 are similar in that all three endorsements insure against loss or damage by reason of: (a) the invalidity or unenforceability of the lien of the Insured Mortgage as security for each Construction Loan Advance made on or before the Date of Coverage (b) the lack of priority of the lien of the Insured Mortgage as security for each Construction Loan Advance made on or before the Date of Coverage, over any lien or encumbrance on the Title recorded in the Public Records and not shown in Schedule B and (c) the lack of priority of the lien of the Insured Mortgage, as security for each Construction Loan Advance made on or before the Date of Coverage over certain Mechanic's Liens, if notice of the Mechanic's Lien is not filed or recorded in the Public Records.Ĭoverage under ALTA Endorsements 32-06, 32.1-06 and 32.2-06 is subject to the Exclusions from Coverage in the Policy, the provisions of the Conditions, and the exceptions contained in Schedule B. ![]() ![]() Mechanic’s lien coverage during construction is an extra-hazardous risk.ĪLTA Endorsements 32-06, 32.1-06 and 32.2-06 are designed for loan policies during construction in situations where the mortgage or deed of trust can never have priority over mechanic’s liens or where the mortgage or deed of trust has lost priority to mechanic’s liens (e.g., due to commencement of work prior to the recording of the mortgage or deed of trust). ![]()
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