SC Underwriting References

From WFG Wiki
Revision as of 06:19, 5 August 2016 by Clintyarborough (talk | contribs) (Requirments)
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)

REQUIREMENTS

ACCESS

R1ACS Evidence satisfactory to the Company that there is a right of access to and from the land.

R1AC1 Proof satisfactory to the Company of a legal right of access to or from the land, and, by reason thereof, the Policy will not insure any right of access to and from the land.

R1AC2 Proof satisfactory to the Company of a legal right of access from the land to be insured herein to a publicly dedicated and maintained road right-of-way.


AFFIDAVITS

R1AF1 Proof by Affidavit which refers to the land and based upon personal knowledge of the Affiant, that in the chain of title has never been adjudicated bankrupt or incompetent, and has never had any judgments, tax liens or liens of any nature whatsoever filed against .

R1AF2 Proof by Affidavit which refers to the land, that neither nor ever executed an unrecorded deed of their individual interest, entered into a contract to sell their individual interest, or expressed in writing or verbally an intent to sever their joint tenancy with right of survivorship; from the date of acquisition of the land, , up to and including the date of death of on .

R1AF3 Proof by Affidavit which refers to the land, that , (one of) the purchaser(s)/mortgagor(s), has never been adjudicated bankrupt or incompetent, and has never had any judgments, tax liens, or liens of any nature whatsoever filed against .

R1AF4 Satisfactory proof in affidavit form establishing that died intestate in the year , leaving as his/her sole heir(s) at law; that said heir(s) were sui juris on the date of their conveyance to  ; and that there are no debts due the estate of said .

R1AF5 We will require proof by affidavit, which refers to the land, that _____ has/have never been adjudicated bankrupt nor incompetent and has/have never had any judgments, tax liens or liens of any nature whatsoever filed against him/her.



R1AF6 Affidavit, in recordable form, from _____, setting forth facts sufficient to establish that the transaction to be insured herein is at “arms length,” for adequate and fair consideration (appraised valuation).

R1AF7 Non-identity affidavit, from _____, setting forth facts sufficient to establish that he/she is not one and the same as _____, for whom incompetency proceedings were brought under Case No. _____ in the Office of the Probate Court for _____ County.

R1AF8 Affidavit executed by current owner(s) of the land on a form to be supplied by the Company stating that there have been no improvements to the land within the past 90 days which could give rise to a construction lien and that there are no accounts or claims pending and unpaid which could constitute a lien against the land. The affidavit will also state that affiant has no knowledge of any natural person or legal entity who has or could have a claim of right, interest or lien adverse to the Insured.

R1AFC/ Non-identity affidavit, from _____, setting forth facts sufficient to establish R1AFR/ that he/she is not one and the same person as that person who is the R1AFD subject of the _____, recorded in the Office of the Clerk of Court/RMC/Register of Deeds for _____ County in _____ Book _____, Page _____.

R1AFS South Carolina Surveyor’s Affidavit certified to WFG National Title Insurance Company prepared by a registered land surveyor acceptable to the Company, stating the following: OPT1: The land described in Deed Book _____, Page _____, is adjacent to and contiguous with the lands described in Schedule A, and no overlap exists between said land and the land described in Schedule A. OPT2: The parcels of land described in Schedule A are contiguous, with no overlaps or gaps between the parcels.


AFFIRMATIVE COVERAGE LIMITATION

R1AFF With respect to exception _____, Schedule B, the loan policy to be issued will contain affirmative coverage as shown in the attached specimen endorsement (Exhibit ___).

R1ACL The Policy when insured will contain the following by endorsement:



ARCHITECTURAL CONTROL

R1ACC/ Obtain approval of construction plans and specifications from the R1ACR/ Architectural Control Committee pursuant to the recorded in the R1ACD Office of the Clerk of Court/RMC/Register of Deeds for County in Book , Page .


ASSIGNMENT OF RENTS AND LEASES/RELEASE

R1ARC/ Release of Assignment of Rents and Leases from to , dated , R1ARR/ recorded , in the Office of the Clerk of Court/RMC/Register of Deeds for R1ARD County in Book , Page .

R1AR1/ Release of Conditional Assignment of Rents and Leases, in favor of _____, R1AR2/ recorded in the Office of the Clerk of Court/RMC/Register of Deeds for R1ARE _____ County in _____ Book _____, Page _____.

R1AR3/ Partial Release of Conditional Assignment of Rents and Leases, in favor of R1AR4/ _____, recorded in the Office of the Clerk of Court/RMC/Register of Deeds R1ARF for _____ County in _____ Book _____, Page _____.

R1AR5/ Assignment of Rents and Leases by _____ to _____, dated _____, recorded R1AR6/ _____, in the Office of the Clerk of Court/RMC/Register of Deeds for _____ R1ARG County in _____ Book _____, Page _____.

R1ARN NOTE: THIS COMPANY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AS NECESSARY.


ASSOCIATION LIENS

R1AS1 Proof of payment of any Homeowners / Horizontal Property Regime Association liens and/or assessments.

R1AS2 The Company requires a subordination agreement from the Homeowners / Horizontal Property Regime Association of its lien for maintenance assessments, subordinating such rights to the mortgage to the proposed insured.


SCHEDULE B, PART II, EXCEPTIONS

R1B11 The Policy when issued will contain the following matters on Schedule B-II:


BANKRUPTCY

R1BA1 Payment, satisfaction and cancellation of record of the following judgments:

1.

In the alternative, we will require certified copies of the Petition in Bankruptcy, the Schedule of Liabilities showing said judgments, and the Discharge of the Debtor, in Case No. , in re . In addition thereto, we will require a copy of the Order issued under 11 USC Section 522 (f), proof of notice to the holders of said judgments, proof that said judgments are not debts which are excepted from discharge by 11 USC Section 523, or proof that the assets used to purchase the land were exempted in or acquired subsequent to said bankruptcy proceedings.

R1BA2 A certified copy of the Order of Cancellation and Discharge of the following Judgments, issued by the Court(s) which entered each Judgment, together with a certified copy of the Order of Discharge in Bankruptcy, Case No. in re  :

1. Final Judgment

R1BA3 Examination of Bankruptcy Case No. , in re: . The Company reserves the right to make further requirements as it may deem necessary.

R1BA4 A certified copy of the Order to sell the land free and clear of all liens pursuant to 11 USC Section 363.





R1BA5 Evidence satisfactory to the Company that the sale and conveyance of the land has been approved by the Bankruptcy Court having jurisdiction in the bankruptcy of _____, and that the following procedure has been followed:

a. Pursuant to notice to all creditors and parties in interest, the Bankruptcy Court has issued its order authorizing the specific transfer to the proposed insured.

b. The order was uncontested and there has been no objection to jurisdiction of the court.

c. No notice of appeal has been filed, no stay has been granted during the appeal period, and at least ten (10) days have elapsed since issuance of the order.

d. The order was final, under the procedural rules in effect in the district, and no approval or consent of the Federal District Court is required.

e. The Court confirmed the sale, or confirmation was unnecessary.

f. A copy of the Bankruptcy Court order authorizing the sale was recorded in the County land records concurrently with (or as an exhibit to) the deed to the proposed insured.


BUSINESS TRUST

R1TC5 Obtain and record in the Office of the ________ for _______ County, South R1TR5 Carolina, the Trust Agreement referred to in instrument recorded in the R1TD5 Office of the _______ for _______ County in _______ Book _______, Page _______, and any amendments thereto, together with satisfactory evidence that said Trust is in full force and effect. A verified copy of the trust agreement must also be filed with the Secretary of State pursuant to Section 33-53-10, South Carolina Code of Laws, 1976, as amended.




CHURCHES

The following requirements pertaining to conveyance of church land have general application, and must be revised to conform with the facts in each particular transaction.

A. WHERE INDEPENDENT CHURCH HAVING NO REGULAR FORM OF GOVERNMENT APPLIES FOR A LOAN

In the absence of anything to the contrary, the church is presumed to have a congregational form of government. Therefore, regardless of whether the title was acquired in the name of the trustees or in the name of the church itself, it would vest as a matter of law in the trustees.

R1CH1 Obtain the passage of a resolution by the congregation at a regular or special meeting convened by reasonable notice from the pulpit of the church, authorizing the making of the loan and giving of the mortgage should be executed by all the trustees pursuant to the resolution, and it is also well to have the Pastor of the church join in the execution of the instrument.

B. INCORPORATED BODY

Where the members of the society constitute the incorporated body, consent of the corporation is necessary for the sale of church property by trustees, and the trustees acting without consent of the corporation have no title to convey and their deed executed under such circumstances is void.

1. Resolutions - General - Loan

R1CH2 A certified copy of appropriate church resolutions passed in a business meeting assembled, authorizing the borrowing of money and encumbrance of the land as security therefore, and designating the appropriate church officers to execute the loan instruments, together with a Certificate of the Clerk of the Church identifying the persons so designated.

2. Resolutions - General - Sale or Purchase

R1CH3 A certified copy of appropriate church resolutions passed in a business meeting assembled, authorizing the (purchase or conveyance) of the land, and designating the appropriate church officers to execute the necessary instruments, together with a Certificate of the Clerk of the Church, identifying the persons so designated.

3. Baptist - General

R1CH4 A certified copy of the resolutions of the congregation of Baptist Church authorizing the (Trustees - Deacons) to consummate the transaction and execute the instrument to be insured, together with a Certificate of the Clerk of the Church identifying the present (Trustees - Deacons) of the church who must execute the instrument to be insured.

4. Baptist - Loan

R1CH5 A Certified copy of the resolution adopted by the congregation of Baptist Church, while in business session assembled, authorizing the procurement of the loan and the execution of the instrument incidental thereto, by the (Trustees - Deacons) of Baptist Church, together with a Certificate of the Clerk of the Church identifying the present (Trustees - Deacons) of the Church who must execute the instrument to be insured.

5. Methodist - Sale - General

R1CH6 The deed from Methodist Church must be executed pursuant to proper resolutions adopted at a special meeting of the Quarterly Conference of said Methodist Church, called and held pursuant to the Discipline of The Methodist Church. 6. Methodist - Sale - Specific

R1CH7 A certified copy of the resolution of Quarterly Conference of Methodist Church approving the sale of the land for a stipulated price and directing the Trustees to execute and deliver an appropriate deed, and to receive the purchase money. The resolution should recite, and the Clerk or Secretary of the Quarterly Conference should include in the certificate, a statement to the effect that due notice of the meeting of the Quarterly Conference was given by announcement from the pulpit at a regular church service at least ten (10) days prior to the meeting.

The Pastor of the Church and the District Superintendent having jurisdiction thereof, must assent to the sale at the price and on the terms specified, and such assent must be evidenced by the signatures of said officials on the deed to the purchaser.

The deed to the purchaser should contain appropriate recital of the foregoing resolution and of the approval of the Pastor and District Superintendent.

7. Presbyterian - General

R1CH8 A resolution of the congregation of Presbyterian Church authorizing the Trustees to consummate the transaction and execute the instrument to be insured, together with a Certificate of the Clerk of the Church identifying the present Trustees of the church, who must execute the instrument to be insured.


CONDOMINIUMS

R1CD1 Proof of compliance with the requirements of the Master Deed for Horizontal Property Regime regarding the sale and transfer of the land.

R1CD2 Proof that the Condominium Assessments on this unit are current.

R1CD3 Proof of payment of any Condominium Homeowners Association liens and/or assessments.

R1CD4 A Subordination Agreement from the Condominium Homeowners Association of its lien for maintenance assessments, subordinating such rights to the mortgage to the proposed insured.

R1CD5 Certificate of Approval from the Condominium Home Owners Association pursuant to the Master Deed for Horizontal Property Regime.

R1CD6 NOTE: STANDARD ALTA CONDOMINIUM ENDORSEMENT (ALTA 4) WILL BE ATTACHED TO AND MADE A PART OF THE FINAL LOAN POLICY.


CONSIDERATION (LACK OF)


R1CNC/ Satisfactory evidence must be furnished to the Company evidencing R1CNR/ adequate consideration for the conveyance from _____ to _____ by Deed R1CND recorded in the Office of the Clerk of Court/RMC/Register of Deeds in Book _____, Page _____, to which only minimum documentary stamps were affixed.

CORPORATE

AMENDMENTS

R1CAC/ Recordation in the Office of the _______ for _______ County of certified copy R1CAR/ of the Articles of Incorporation of _______ changing the name of the R1CAD corporation to _______.


MERGERS

R1MRC/ Recordation in the Office of the _______ for _______ County of certified copy R1MRR/ of the Articles of Merger reflecting the change in name of _______ to R1MRD _______.


CORPORATIONS AND CORPORATE STATUS

R1CS1 Proof of the corporate existence of the following:

a) , from , to .

ALIEN CORPORATION

R1CS2 Proof that was in corporate good standing as of and is in good standing through the date of execution of the from the country of origin. If said Corporation has not obtained a permit from the Department of State to do business in South Carolina, then we will require that the Articles of Incorporation and any amendments thereto, be recorded. (Verified English translation is needed). We will further require satisfactory proof consistent with the foregoing as to the authority of the party executing the . Should any executing party be other than a natural person, we will require proof of corporate good standing as well as documentation of authority to execute on its behalf.

FOREIGN (NON-DOMESTIC OUT OF STATE) CORPORATION

R1CS3 Obtain and record certified translations of all corporate documents relevant to this transaction (i.e., resolutions, the corporate charter and by-laws, and certificates as to the proper incorporation of _____, a corporation organized under the laws of _____), together with proof as to the continued corporate existence and good standing of said corporation from the acquisition through the conveyance of the land described in Schedule A. The Company reserves the right to make such additional requirements as it may deem necessary.

R1CS5 Satisfactory evidence must be furnished as to the proper incorporation of _____, a _____ corporation, prior to acquisition of the land described in Schedule A, together with proof as to the current status of said corporation in its state of origin. The Company reserves the right to make such additional requirements as it may deem necessary.

R1CS6 Satisfactory evidence must be furnished as to the proper incorporation of _____, a _____ corporation, prior to closing this transaction, together with proof as to the current status of said corporation in its state of origin. The Company reserves the right to make such additional requirements as it may deem necessary.

NON-PROFIT CORPORATION

R1CS4 Satisfactory evidence should be furnished as to the incorporation of _____, a nonprofit corporation organized under the laws of the State of _____, together with proof as to the continued corporate existence and good standing of said corporation from acquisition through conveyance of the land described in Schedule A. In addition, the articles of incorporation together with certified copies of the resolutions of the governing body of said corporation, authorizing the transaction and designating the officers who will execute the instruments, must be furnished. The resolution must set forth the consideration and the terms of the transaction. The Company reserves the right to make such additional requirements as it may deem necessary.

BULK SALES

R1CS7 Unless the articles of incorporation provide otherwise, if the proposed transaction is the sale of all or substantially all of the assets of _____, a _____ corporation, in accordance with Section 36-12-102 of the South Carolina Code of Laws, 1976, as amended, a certified copy of the resolution of the directors and shareholder approval authorizing the transaction is required.

R1CS8 If the proposed transaction is the sale of substantially all of the assets of _____ corporation, other than in the regular/and usual course of business, in accordance with Section 33-12-102 of the South Carolina Code of Laws, 1976, as amended, a certified copy of the resolution of the board of directors and shareholder approval is required.

R1CS9 Unless the articles of incorporation provide otherwise, if the proposed transaction is the mortgage of any or all of the assets of _____, a _____ corporation, in accordance with Section 33-12-102 of the South Carolina Code of Laws, 1976, as amended, a certified copy of the resolution of the directors specifically identifying and authorizing the transaction is required. GENERAL

R1C10 Satisfactory evidence showing _____, a _____ corporation was in good standing from _____ (or a date prior thereto) through and including _____.

R1C11 Satisfactory evidence from the appropriate foreign governmental authority showing _____, a _____ corporation in good standing from _____ to _____.

R1C12 Articles of Incorporation, by-laws and other corporate documents pertaining to the existence and operation of _____, a _____ Corporation.

R1CA1 Approval of the Board of Directors of _____, a _____ corporation, of this transaction.

R1CA2 Evidence satisfactory to the Company that all corporations which are parties to the transaction are valid and subsisting under the laws of their respective domiciliary states and that all necessary consents, authorizations, resolutions, notices and corporate actions required under applicable law or corporate by-laws have been conducted, given, or properly waived, such that the actions by the corporations, acting through their duly constituted officers, are valid and binding acts of said corporations. (NOTE: Opinion of counsel for the respective corporations, in form and substance satisfactory to the Company, may be used to satisfy this requirement.)

R1CAI A true copy of the Articles of Incorporation and by-laws of _____, a _____ corporation, together with all amendments thereto; must be provided to this company.

NOTE: THIS COMPANY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AS NECESSARY UPON RECEIPT AND EXAMINATION OF THE ABOVE-REFERENCED DOCUMENTATION.

R1COR A certified copy of the resolution of the Board of Directors of the borrower authorizing the borrowing of money and the encumbrance of the land as security therefor.

R1COS A certified copy of the resolution of the Board of Directors of the seller authorizing the sale.


CREDITORS RIGHTS

R1CR1 The Company must be furnished with information as to the structure of the transaction that the Company is being asked to insure. Upon receipt and review of the information required the Company reserves the right to make such additional requirements as it may deem necessary.

R1CR2 The Company has been requested to insure a policy form that does not contain an exclusion for creditors rights or to delete its creditors rights exclusion. The Company must be furnished information concerning the transaction to be insured including, but not limited to, the overall structure of the transaction, flow of funds, proforma performances and any additional information available to reflect the true and correct picture of the transaction. Upon review of the information the Company reserves the right to make such additional requirements as it may deem necessary.


DEATH CERTIFICATES

R1DCC/ We will require a certified copy of the Death Certificate of , to be R1DCR/ recorded in the Office of the Clerk of Court/RMC/Register of Deeds of R1DCD County, South Carolina.

R1DC2 We will require a certified copy of the Death Certificate of , to be recorded in the Probate Court of County, South Carolina.

R1DC3 Certified or True Copy of Certificate of Death of _____, deceased.


DEEDS

R1D1 Warranty Deed from to conveying the land described under Schedule A herein.

R1D4C/ The Deed from to , dated , recorded , in the Office of the Clerk R1D4R/ of Court/RMC/Register of Deeds for County in Book , Page , R1D4D is defective in that ____. Said instrument should be corrected, re-executed, re-acknowledged, and re-recorded; or a new instrument in proper form should be recorded. This Commitment should then be updated through the date of recording of said instrument.

R1D5C/ Satisfactory evidence must be furnished establishing the date of R1D5R/ unconditional delivery of the Deed from to , dated , recorded , R1D5D in the Office of the Clerk of Court/RMC/Register of Deeds for ______ County in Book , Page , as being prior to , and the facts and circumstances surrounding said delivery.

R1DQ1 Quit Claim Deed from _____ to proposed insured, conveying the land described under Schedule A herein.

DEED-PERSONAL REPRESENTATIVES

R1D6 Proper Deed of distribution from , as Personal Representative of the Estate of , deceased, to .

R1D8 Execution, delivery and recording of a proper deed from _____, Personal Representative of the Estate of _____, deceased, containing proper recitals as to powers in the deceased’s Will, or pursuant to proper Court Order to Sell, conveying title to the land to _____. The Company reserves the right to make additional requirements based upon a review of the deed and the probate proceeding.

R1D9 Proper Deed from , as Personal Representative of the Estate of , deceased, to ___. In connection therewith, we will require proof by Affidavit that the decedent left no surviving spouse or minor children, and a Special Warranty Deed from to , and Release of Estate Taxes.

R1D10 Execution and filing of an instrument of distribution or release by ________ as Personal Representative of the Estate of ___________, deceased.

DEED RECITALS-BEACH FRONT MANAGEMENT ACT

R1D12 NOTE: This Deed must contain a disclosure of baselines, setback lines, velocity zone, seaward corners of habitable structures and the most recent erosion rates as required by Section 48-39-330 of the South Carolina Code of Laws, 1976, as amended.

DEED RECITALS-DEEDS IN LIEU

R1DC/ This deed is an absolute conveyance, the grantor(s) having sold said land to R1DR/ the grantee for a fair and adequate consideration, in addition to that above R1DD recited, being full satisfaction of all obligations secured by the mortgage (deed of trust) executed by to (as mortgagor) (as mortgagee/trustee) recorded in the Office of the Clerk of Court/RMC/Register of Deeds for County in Book , Page , and the note(s) or bond(s) secured thereby.

R1DL2 Grantor(s) declares that this conveyance is freely and fairly made, and that there are no agreements, oral or written, or other than this deed between grantor(s) and grantee with respect to said land.


DEED IN LIEU

R1DLC/ Proof by Affidavit which refers to the land that the deed recorded in the R1DLR/ Office of the Clerk of Court/RMC/Register of Deeds for County in R1DLD Book , at Page was an absolute deed in lieu of foreclosure in full and complete satisfaction of the mortgage recorded in the Office of the Clerk of Court/RMC/Register of Deeds for ______ County in Book , at Page , and in discharge of the indebtedness secured thereby; and that possession of the land was surrendered by the mortgagor/grantor simultaneously therewith, and that there were no side agreements as to this land or any proceeds therefrom.

R1DL3 NOTE: If a monetary consideration is being given in addition to the satisfaction of the indebtedness secured by the encumbrance, the amount received by the grantor should be set forth in the deed.

R1D7C/ Warranty Deed from to . Said deed must recite that same is an R1D7R/ absolute deed in lieu of foreclosure in full and complete satisfaction of the R1D7D mortgage recorded in the Office of the Clerk of Court/RMC/Register of Deeds for County in Book , Page , and in discharge of the indebtedness secured thereby; and that possession of the land is being surrendered by the mortgagor/grantor simultaneously herewith, and that there are no side agreements as to this land or any proceeds therefrom.

DEED DELIVERY

R1DDC/ Satisfactory evidence must be furnished establishing the date of delivery of R1DDR/ the Deed from _____ to _____, dated _____, recorded _____, in the Office of the R1DDD Clerk of Court/RMC/Register of Deeds for _____ County in _____ Book _____, Page _____, as being prior to _____, and the facts and circumstances surrounding said delivery.


DEED-GENERAL PARTNERSHIPS

R1D2C Warranty deed from , a General Partnership, to . In connection with said deed, we will further require:

1. Production of a copy of the partnership agreement, with an affidavit affixed thereto that it is a true copy of the partnership agreement and all amendments thereto, that no new partners have been admitted, that no partners have assigned their interest, died or been adjudicated incompetent or bankrupt, and that the partnership has not been dissolved.

2. That said deed be executed by all of the partners unless said partnership agreement shows no limitation on the authority of one partner to execute a conveyance.

3. Should any partner be other than a natural person, we will require proof of corporate good standing as well as documentation of authority to execute on its behalf.

4. The Partnership must have been formed as of .

R1D4 Warranty Deed from , a partnership, by all of the general partners, to , or in the alternative, production of a true copy of the partnership, agreement, which must show no limitation on the authority of one general partner to execute a conveyance.

R1GP2 Warranty Deed from _____, a general partnership, executed by a duly authorized partner, to _____. Note: If the executing general partner is a corporation, proof of good standing for said corporation is required and the deed must have witnesses. DEED-LIMITED PARTNERSHIPS

R1LP5 Deed from _____, a South Carolina Limited Partnership, executed by the authorized general partner(s), to _____, together with proof of the original and continued qualification of said partnership to do business in the State of South Carolina.

R1D3 Warranty Deed from , a partnership, by all of the general partners, to , or in the alternative, production of a true copy of the certificate of limited partnership, which must show no limitation on the authority of one general partner to execute a conveyance.


DEED-FOREIGN LIMITED PARTNERSHIPS

R1P6 Deed from _____, a _____ Limited Partnership, executed by the authorized general partner(s), to _____, together with proof of the original and continued qualification of said partnership to do business in its state of origin.

R1P7 Proof satisfactory to this Company of registration of Foreign Limited Partnership in compliance with Section 33-42-1620.

NOTE: 1D2A and 1D2B must be used jointly, not independently.

R1D2A Warranty deed from , a Limited Partnership, to . In connection with said deed, we will further require:

1. Production of a copy of the partnership agreement, with an affidavit affixed thereto that it is a true copy of the partnership agreement and all amendments thereto, that no new partners have been admitted, that no partners have assigned their interest, died or been adjudicated incompetent or bankrupt, and that the partnership has not been dissolved.

2. That said deed be executed by all of the partners unless said partnership agreement shows no limitation on the authority of one partner to execute a conveyance.

3. Should any partner be other than a natural person, we will require proof of corporate good standing as well as documentation of authority to execute on its behalf.

4. The Partnership must have been formed as of .


R1D2B 5. Proof by Affidavit that the land does not constitute all or substantially all of the Partnership’s real property, or if it does so constitute, then proof of a consenting vote of the proposed sale by the limited partners, if required in the Partnership Agreement.





DEED-LIMITED LIABILITY PARTNERSHIPS

NOTE: 1D3A and 1D3B must be used jointly, not independently.

R1D3A Warranty deed from , a Limited Liability Partnership, to . In connection with said deed, we will further require:

1. Production of a copy of the limited liability partnership agreement, with an affidavit affixed thereto that it is a true copy of the limited liability partnership agreement and all amendments thereto, that no new partners have been admitted, that no partners have assigned their interest, died or been adjudicated incompetent or bankrupt, and that the partnership has not been dissolved.

2. That said deed be executed by all of the partners unless said limited liability partnership agreement shows no limitation on the authority of one partner to execute a conveyance.

3. Should any partner be other than a natural person, we will require proof of corporate good standing as well as documentation of authority to execute on its behalf.

4. The Limited Liability Partnership must have been formed as of .

5. Evidence of continued registration and good standing from South Carolina Secretary of State.

R1D3B 6. Proof by Affidavit that the land does not constitute all or substantially all of the Limited Liability Partnership’s real property, or if it does so constitute, then proof of a consenting vote of the proposed sale by all the limited liability partners, if required in the Limited Liability Partnership Agreement.

DEED-LIMITED LIABILITY COMPANY

NOTE: 1D4A and 1D4B must be used jointly, not independently.

R1D4A Warranty deed from , a Limited Liability Company, to . In connection with said deed, we will further require:

1. Production of a copy of the limited liability company Articles of Organization, with an affidavit affixed thereto that it is a true copy of the limited liability company Articles of Organization and all amendments thereto, that no new members have been admitted, that no member has assigned his/her interest, died or been adjudicated incompetent or bankrupt or dissociation, and that the limited liability company has not been dissolved.

2. That said deed be executed by any one member unless said limited liability company is a manager run company. In that event, we will require evidence of the authority of the manager to execute the deed.

3. Should any member be other than a natural person, we will require proof of corporate good standing as well as documentation of authority to execute on its behalf.

4. The Limited Liability Company must have been formed as of .

5. Evidence of the filing of the Articles of Organization with the Secretary of State.


R1D4B 6. Evidence to show that the sale of the insured premises does not represent more than 50% of the total assets of the seller. If more than 50% of the assets are being liquidated through this sale, a certificate of compliance from the S.C. Department of Revenue will be required.

DEED-TRUSTEE

R1D8C/ Deed from , as Trustee under Trust Agreement _____, dated , R1D8R/ recorded , in the Office of the Clerk of Court/RMC/Register of Deeds for R1D8D County in Book ___ Page __, as amended by instrument dated , recorded , in the Office of the Clerk of Court/RMC/Register of Deeds for County in Book , Page __, to _____.

R1D11 NOTE: This deed must be executed pursuant to proper corporate resolutions, and we must be furnished a certified copy thereof.

OUTSTANDING INTEREST

R1DE1/ Execution, delivery and recording of a proper deed from _____ to _____ R1DE2/ conveying title to the land, reciting the following: This deed is given for R1DE3 the purpose of releasing, satisfying and canceling that certain _____ made between the parties, recorded in the Office of the Clerk of Court/RMC/Register of Deeds for _____ County in _____ Book _____, Page ____, which is hereby declared to be null and void.

DISCLOSURES & POLICY AVAILABILITY

R1DS1 We must be furnished with a copy of South Carolina Insurance Department 3601 executed pursuant to Section 38-75-960 of the South Carolina Code of Laws, 1976, as amended.

R1DS2 We must be furnished with an executed Notice of Availability of Title Insurance pursuant to South Carolina Insurance Department Regulation R-69-18, Volume 25A of the South Carolina Code of Laws, 1976, as amended.

R1DS3 We must be furnished with a copy of South Carolina Insurance Department 3601 executed pursuant to Section 38-75-960 of the South Carolina Code of Laws, 1976, as amended, and an executed Notice of Availability of Title Insurance pursuant to South Carolina Insurance Department Regulation R-69-18, Volume 25A of the South Carolina Code of Laws, 1976, as amended.

R1NO1 Notice of Availability of Owner’s Title Insurance to be completed, signed and delivered to WFG National Title Insurance Company.


ENCROACHMENTS/PROJECTIONS

If there is an encroachment (of substantial size) of a fence or other objects from adjacent real property, require:

R1EN1 Affidavit in recordable form by adjacent land owner(s) that owner’s _____ encroaches feet and it is with the express consent of _____ that adjacent land owner(s) agree(s) to remove said _____ encroachment when required.

R1FEN Affidavit in recordable form by adjacent land owner, that their fence encroaches feet and it is with the express consent of our mortgagors, and adjacent land owners agree to remove said fence if and when required.

If there is a projection (of substantial size) of a fence or other object from the proposed insured land onto adjacent property, require:

R1EN2 Affidavit or easement in recordable form by adjacent land owner(s) that _____ projects onto adjacent land and it is with the express consent of said owner(s) and land owner(s) agree(s) to allow said _____ projection to remain.



ENDORSEMENT REQUIREMENTS

R1EN3 Compliance with the Company requirement for the issuance of the endorsements set out on the list on Schedule B and/or attached as exhibits.

NOTE: INSERT EN9 IN SCHEDULE B-II OF COMMITMENT

EXCLUSIONS FROM COVERAGE - CONDITIONS AND STIPULATIONS

In the event that permission to omit or eliminate an Exclusion or Condition & Stipulations has been obtained from State Manager or Counsel the following language is to be utilized by endorsement only. FOR EXCLUSION

REX3 Paragraph ______________ of the Exclusions is hereby deleted.

FOR CONDITIONS AND STIPULATIONS

REX4 Paragraph ______________ of the Conditions and Stipulations is hereby deleted.


FEDERAL TAX LIENS

R1FL1/ Notice of Federal Tax Lien recorded _____ in the Office of the Clerk of Court R1FL2/ /RMC/Register of Deeds for _____ County in ____ Book _____, Page _____, R1FLD against _____, for a total amount of $_____. This Notice of Federal Tax Lien appears to be against the party in our chain of title and must be discharged and canceled of record.

R1FL3/ Notice of Federal Tax Lien recorded _____ in the Office of the Clerk of Court R1FL4/ /RMC/Register of Deeds for _____ County in _____ Book _____, Page _____, R1FLE against _____, for a total amount of $_____. Proof is required to show that the Notice of Federal Tax Lien is not against the party in our chain of title.

R1FL5/ Release of Federal Tax Lien against _____, dated _____, recorded _____, in the R1FL6/ Office of the Clerk of Court/RMC/Register of Deeds for _____ County, or R1FLF proof that _____ is not the same person against whom said Tax Lien was filed.

FIRPTA (UNDERWRITING BULLETIN SE-44)

R1FIR NOTE: Attached to this Commitment are recorded instruments which would reflect the status of the transferor (party in title) as being a "foreign person" under Section 1445 of the Internal Revenue Service Code. Review procedures for compliance with FIRPTA.

R1FPT Documents of record appear to reflect that the _____ is or may be a “foreign person” under Section 1445 of the Internal Revenue Service Code. We will require compliance with FIRPTA.


FORECLOSURE

R1FC2 Masters Deed from the Master in Equity for _____ County conveying the land to (name of purchaser) pursuant to the Order of Sale issue in conjunction with Case No. entitled _____ vs. _____, and compliance with the bid by the successful bidder at the foreclosure sale.

R1FC1 Completion of the foreclosure action pending entitled _____ vs. _____, Case No. .

HUD (SINGLE FAMILY NONJUDICIAL)

R1HD1 As to that certain foreclosure action recorded in the Office of the Clerk of Court for _____ County in _____ Book ______, Page _____, this Company will require a copy of the written designation of the Foreclosure Commissioner executed by the Secretary, General Counsel or Field Assistant General Counsel of HUD.








R1HD5 As to that certain foreclosure action recorded in the Office of the Clerk of Court for _____ County in _____ Book _____, Page _____, we must be furnished proof that the Foreclosure Commissioner’s Deed is without warranty or covenants and contains the following:

(i) The date, time and place of the foreclosure sale.

(ii) A statement that the foreclosed mortgage was held by the Secretary.

(iii) The date and recordation data of the mortgage.

(iv) The details of the service of the Notice of Default and Foreclosure Sale.

(v) The date and place of filing the Notice of Default and Foreclosure Sale.

(vi) A statement that the foreclosure was conducted in accordance with the provisions of the Act and with the terms of the Notice of Default and Foreclosure Sale.

(vii) The name of the successful bidder and the amount of the bid.


FURTHER REQUIREMENTS

R1FR1 The Company reserves the right to make such additional requirements as it may deem necessary.

R1FR2 Upon review of the information required the Company reserves the right to make such additional requirements as it may deem necessary.








GAP INSURANCE

R1GAP NOTE: The Company will insure the period of time between the last title examination and the recording of the deed and/or mortgage giving rise to the interest being insured provided:

1. Title is updated at or near the time of closing and such update is satisfactory to the Company;

2. The Seller and/or Borrower provide an Affidavit that there are no matters that could give rise to a lien that would attach to the land between the effective date hereof and recording of the interest to be insured;

3. The deed or mortgage to be insured is recorded as soon as possible after closing.


GOVERNMENT RESOLUTIONS

R1RS1 Resolution, in recordable form of the governing body of _____, authorizing the mortgage of the land, designating the appropriate official(s) who will execute the mortgage and setting forth the amount and the terms of the mortgage and note to be executed.

R1RSP Resolution, in recordable form of the governing body of _____, authorizing the purchase of the land, designating the appropriate official(s) who will execute the closing documents and setting forth the amount and the terms of said purchase.

R1RSS Resolution, in recordable form of the governing body of _____, authorizing the conveyance of the land, designating the appropriate official(s) who will execute the deed, and setting forth the consideration and the terms of the sale.


GUARDIANSHIP

R1GUA We have been advised that is mentally incompetent. The Company requires that a guardian be appointed under the jurisdiction of a South Carolina Probate Court, together with an Order of the Court authorizing the sale of the land pursuant to the contract between and dated _____. The Company reserves the right to make such additional requirements as it may deem necessary upon review of said proceedings. R1GDN We have been advised that _____ is mentally incompetent, a minor, or otherwise lacks the capacity to convey the land described in Schedule A. The Company requires that a guardian be appointed under the jurisdiction of a South Carolina Probate Court, together with an Order of the Court authorizing the sale of the land pursuant to the contract between _____ and _____ dated _____. The Company reserves the right to make such additional requirements as it may deem necessary upon review of said proceedings.


HOMEOWNERS ASSOCIATIONS

R1HA1 Proof of payment of any Homeowners Association liens and/or assessments.

R1HA2 A Subordination Agreement from the Homeowners Association of its lien for assessments, subordinating such rights to the mortgage to the proposed insured.

R1HA3 Certificate of Approval from the Homeowners Association pursuant to the Declaration.

R1HA4 Certificate of Approval from the Homeowners Association pursuant to the Master Deed.

R1HA5 Release in recordable form, by the _____ Association, of this transaction is required.


INDEMNIFICATION

R1IND Execution and Approval by State Office of Indemnity Agreement insuring against loss by reason of “potential adverse claim” as defined in said Indemnity Agreement.





JUDGMENTS

R1J1 Satisfaction of or proof by affidavit referring to the land, that the following matters are against some person other than the in the chain of title to the land:

1.

R1J2C Payment, Satisfaction, and Cancellation of Record of that certain Judgment in favor of , against , recorded , in the Office of the Clerk of Court for County in Judgment Roll No. .

R1J3 Satisfaction of the following judgments:

1.

R1J4 In the alternative, we will require certified copies of the Petition in Bankruptcy, the Schedule of Liabilities showing said judgments, and the Discharge of the Debtor, in Case No. , in re . In addition thereto, we will require a copy of the Order issued under 11 USC Section 522 (f), proof of notice to the holders of said judgments, proof that said judgments are not debts which are excepted from discharge by 11 USC Section 523, or proof that the assets used to purchase the land were exempted in or acquired subsequent to said bankruptcy proceedings.

R1J5C Payment, Satisfaction, and Cancellation of Record of Judgment in favor of against , dated , recorded , in the Office of the Clerk of Court for County in Judgment Roll No. , or proof that is not the same person against whom said judgment was filed.

R1J6 The following judgment(s) against the borrower appear(s) of record and, unless satisfied of record prior to the issuance of the policy, or unless proof is obtained that _____ is not the same person against whom said judgment(s) was/were filed, the judgment(s) will be shown as subordinate matters on Schedule B, Part II, of the policy based upon the insured loan being a purchase money mortgage:

R1J7C Satisfaction of judgment in favor of _____ against _____, dated _____, recorded _____, in the Office of the Clerk of Court for ____ County in Book _____, or proof that _____ is not the same person against whom said judgment was filed.

R1J8C Judgment in favor of _____ against _____, dated _____, recorded _____, in the Office of the Clerk of Court for _____ County in Judgment Roll No. _____.


LEASES 

        RECORDATION OF LEASE

R1L1C/ Obtain and record in the Office of the Clerk of Court/RMC/Register of R1L1R/ Deeds of County, South Carolina, the lease creating the leasehold R1L1D estate described in Schedule A. Note: If a memorandum or "short form" lease is recorded, an executed copy of the entire lease must be furnished to the Company for review. The Company reserves the right to make such additional requirements as it may deem necessary.

AFFIDAVIT RE: RECORDED LEASE

R1L2C/ As to the Lease creating the leasehold interest dated , recorded , in R1L2R/ the Office of the Clerk of Court/RMC/Register of Deeds for County in R1L2D Book , at Page , the Company requires an affidavit from the lessor or his successors and/or assigns, stating that there has been no default in the payment of rent; that there are no defaults under any other covenants of the lease to be performed by the lessee; that there are no charges which the lessor or his successors and/or assigns claim to be additional liens upon the leasehold estate; and that the lease is in full force and effect and that there are no amendments thereto, other than as specifically stated or attached.

GENERAL

R1L3C/ Affidavit executed by Lessor that lease recorded in the Office of the Clerk R1L3R/ of Court/RMC/Register of Deeds for _____ County has not been assigned, R1L3D altered, modified or amended; that said lease is in full force and effect and that no default now exists in relation thereto.

R1L4 Execution, delivery and recording of a lease from _____ to _____ conveying a leasehold estate in the land.

R1L5C/ Execution, delivery and recording of Assignment of Lessee’s Interest in R1L5R/ Lease from _____ to _____, assigning all of their right, title and interest in R1L5D and to that certain Lease recorded in the Office of the Clerk of Court/RMC/Register of Deeds for _____ County in Book _____, Page _____.

R1L6 The Company requires a Subordination Agreement from _____ of its lien for recreational lease payments, subordinating such rights to the mortgage to the proposed insured.


R1L7C/ As to the Lease creating the leasehold interest dated _____, recorded _____, R1L7R/ in the Office of the Clerk of Court/RMC/Register of Deeds for _____ County R1L7D in _____ Book _____, Page _____, the Company requires an affidavit from the lessor or his successors and/or assigns, stating that there has been no default in the payment of rent; that there are no defaults under any other covenants of the lease to be performed by the lessee; that there are no charges which the lessor or his successors and/or assigns claim to be additional liens upon the leasehold estate; and that the lease is in full force and effect and that there are no undisclosed amendments thereto.

LIENS

R1LN1 Proof of payment of any municipal liens and/or assessments.

R1LNC/ Release of Lien in favor of _____ against _____, dated _____, recorded _____ in R1LNR/ the Office of the Clerk of Court/RMC/Register of Deeds for _____ County in R1LND _____ Book _____, Page _____, or proof that _____ is not the same person against whom said Lien was filed.

LIMITED LIABILITY COMPANIES/PARTNERSHIPS

R1LC1 Proof satisfactory to this company of formation of a limited liability company.

R1LC2 We must be furnished with a stamped copy of the Articles of Organization as filed with the Secretary of State indicating formation of the limited liability company prior to the taking of title by the limited liability company.

R1LC3 Proof of good standing as of the date of execution of the Deed from the state of origin and proof of authority of the executing party.

R1LC4 Proof satisfactory to this company of formation of a limited liability partnership.

R1LC5 We must be furnished with a stamped copy of the Registered Limited Liability Partnership Form as filed with the Secretary of State indicating formation of the limited liability partnership prior to the taking of title by the limited liability partnership.



R1LC6 Proof of good standing as of the date of execution of the Deed from the state of origin and proof of authority of the executing party.

For deed requirements see: Deed - Limited Liability Company or 

                                          Deed - Limited Liability Partnership

LIS PENDENS

R1LPC Dismissal with Prejudice of Case No. , and Cancellation of Lis Pendens filed in the Office of the Clerk of Court for County in Book _______, Page .


LITIGATION/DISMISSAL

R1LD1 Dismissal with prejudice of litigation captioned ____ vs. _____ (and discharge of Lis Pendens, if one exists) filed under Case No. _____, in the Office of the Clerk of Court for ______ County.

MINORS TAKING TITLE, MORTGAGING OR CONVEYING

R1MI1/ Ratification in recordable form of _____, a minor, of the (Deed/Mortgage), R1MI2/ dated _____, recorded _____, in the Office of the Clerk of Court/RMC/ R1MI3 Register of Deeds for _____ County in ____ Book _____, Page _____, (conveying/mortgaging) the land.

MOBILE HOMES

R1MH1 Proper conversion of the mobile home to real estate pursuant to §56-19-500 et seq. of the South Carolina Code of Laws 1976.


MORTGAGES ASSUMPTIONS, PARTIAL RELEASES & SATISFACTIONS

R1M1C/ An Affidavit for our files from , which sets forth that as to the R1M1R/ Mortgage recorded in the Office of the Clerk of Court/RMC/Register of R1M1D Deeds for County in Book , Page , that during the period of time they have held title to the land, no payments have been made, nor demanded by any party pursuant to the terms of said Mortgage.

R1M2 Mortgage from to , secured by the land described in Schedule A herein.

R1M2C Mortgage from _____, a _____ corporation, to _____, encumbering the land described in Schedule A in the principal amount of $_____.

R1M3 Execution, delivery and recording of a mortgage to be executed by _____, to _____, encumbering the land described in Schedule A, securing a Note in the principal sum of $_____.

R1S1C/ Satisfaction of Mortgage from to dated , recorded , in the R1S1R/ Office of the Clerk of Court/RMC/Register of Deeds for County in R1S1D Book , Page .

R1S2C/ Satisfaction of Mortgage from to dated , recorded , in the R1S2R/ Office of the Clerk of Court/RMC/Register of Deeds for County in R1S2D Book , Page .

R1S3C/ Satisfaction of Mortgage from to dated , recorded , in the R1S3R/ Office of the Clerk of Court/RMC/Register of Deeds for County in R1S3D Book , Page .

R1SAT Satisfaction and cancellation of record of:

R1M4C/ Partial Release of Mortgage from to , dated , recorded , in the R1M4R/ Office of the Clerk of Court/RMC/Register of Deeds for County in R1M4D Book , Page .

R1M5C/ Assumption of Mortgage from , to , dated , recorded , in the R1M5R/ Office of the Clerk of Court/RMC/Register of Deeds for County in R1M5D Book , Page .

R1M6 Purchase Money Mortgage to be executed by _____ to _____ encumbering the land, securing a Note in principal sum of $_____.

R1M7 Mortgage from _____ to _____ encumbering the land described in Schedule A in the amount of $_____.

R1M8C/ As assigned to _____ by assignment dated _____, recorded _____, in the Office R1M8R/ of the Clerk of Court/RMC/Register of Deeds for _____ County in _____ Book R1M8D _____, Page _____, and further assigned to _____ by Assignment dated _____, recorded _____, in the Office of the Clerk of Court/RMC/Register of Deeds in _____ Book _____, Page _____.

R1MDT NOTE: MORTGAGE CONTAINS DUE ON TRANSFER CLAUSE

R1ML1 Evidence satisfactory to the Company of recordation of the mortgage to be insured prior to the filing of any lien, or claim of lien, for labor, services or material.

R1ML2 Receipt of satisfactory affidavits from the owner and general contractor, if any, evidencing completion of the improvements and payment of all bills incurred. (Form FATIC ____ may be used for this purpose.)

R1S4C/ Payment, cancellation and satisfaction of record of mortgage executed by R1S4R/ _____ in favor of _____, bearing the date of _____, recorded _____ in the Office R1S4D of the Clerk of Court/RMC/Register of Deeds for _____ County in ________ Book _____, Page _____, in the original principal sum of $_____ together with the production of the original promissory note marked “paid” (Production of note not required for institutional lenders approved by the Company).

MORTGAGES-LIMITED LIABILITY COMPANY

R1M10 Mortgage from , a Limited Liability Company, to . In connection with said mortgage, we will further require: 

1.	Production of a copy of the limited liability company Articles of Organization, with an affidavit affixed thereto that it is a true copy of the limited liability company Articles of Organization and all amendments thereto, that no new members have been admitted, that no member have assigned their interest, died or been adjudicated incompetent or bankrupt or dissociation, and that the limited liability company has not been dissolved.

2. That said mortgage be executed by any one member unless said limited liability company is a manager run company. In that event, we will require evidence of the authority of the manager to execute the mortgage.

3. Should any member be other than a natural person, we will require proof of good standing as well as documentation of authority to execute on its behalf.

4. The Limited Liability Company must have been formed as of _______________.

5. Evidence of the filing of the Articles of Organization with the Secretary of State.

6. Proof by Affidavit that the land does not constitute all or substantially all of the Limited Liability Company’s real property, or if it does so constitute, then proof of a consenting vote of the proposed mortgage by all the limited liability partners, if required in the Limited Liability Company Articles of Organization.

MORTGAGES-LIMITED LIABILITY PARTNERSHIPS

R1M11 Mortgage from , a Limited Liability Partnership, to . In connection with said mortgage, we will further require:

1. Production of a copy of the limited liability partnership agreement, with an affidavit affixed thereto that it is a true copy of the limited liability partnership agreement and all amendments thereto, that no new partners have been admitted, that no partners have assigned their interest, died or been adjudicated incompetent or bankrupt, and that the partnership has not been dissolved.

2. That said mortgage be executed by all of the partners unless said limited liability partnership agreement shows no limitation on the authority of one partner to execute a mortgage.

3. Should any partner be other than a natural person, we will require proof of good standing as well as documentation of authority to execute on its behalf.

4. The Limited Liability Partnership must have been formed as of _______________.

5. Evidence of continued registration and good standing from South Carolina Secretary of State.

6. Proof by Affidavit that the land does not constitute all or substantially all of the Limited Liability Partnership’s real property, or if it does so constitute, then proof of a consenting vote of the proposed mortgage by all the limited liability partners, if required in the Limited Liability Partnership Agreement.

MORTGAGE-TRUSTEE


R1D9C/ Mortgage from , as Trustee under Trust Agreement ____, dated , R1D9R/ recorded ____, in the Office of the Clerk of Court/RMC/Register of Deeds R1D9D for County in Book ____, Page ____, as amended by instrument dated , recorded , in the Office of the Clerk of Court/RMC/Register of Deeds for County in Book , Page _____, to _____.


PARTNERSHIPS

R1P2 Submission of Partnership Agreement of , together with all amendments thereto, if any, for review by the Company; together with an Affidavit in recordable form from one of the partners stating that it is a true copy, that said Partnership is in full force and effect, and that there have been no further amendments to the Agreement. This Commitment is subject to further requirements as the Company may deem necessary, including satisfactory evidence that all requirements regarding conveying or mortgaging Partnership land contained in the Partnership Agreement have been complied with.

R1P3C/ Satisfactory evidence that all requirements regarding conveying and/or R1P3R/ mortgaging Partnership land contained in the Partnership Agreement of R1P3D recorded in the Office of the Clerk of Court/RMC/Register of Deeds for County in Book , Page , have been complied with.

R1P4S Evidence satisfactory to the Company that all partnerships which are parties to the transaction are valid and subsisting under the laws of their respective domiciliary states, and that all necessary consents, resolutions, notices and partnership actions required under applicable law or partnership agreements (including, without limitation, filings required by Section 33-42-210, 33-42-300 or 33-42-1620 of the South Carolina Code of Laws, 1976, as amended) have been conducted, given or properly waived, such that the actions by the partnerships, acting through their duly constituted representatives, are valid and binding acts of said partnerships. (NOTE: Opinions of Counsel for the respective partnerships, in form and substance satisfactory to the Company, may be used to satisfy this requirement.)

For deeds from partnerships see Deeds

GENERAL PARTNERSHIPS

R1GP1 Submission of Partnership Agreement of _____, together with all amendments thereto, if any, for review by the Company; together with an Affidavit in recordable form from one of the partners listing the names of all partners, stating that it is a true and complete copy, that said partnership is in full force and effect, that said partner is authorized to bind the partnership, and that there have been no amendments or no further amendments to the Agreement. This Commitment is subject to further requirements as the Company may deem necessary, including satisfactory evidence that all requirements regarding conveying or mortgaging partnership land contained in the Partnership Agreement have been complied with.

R1GPC/ Satisfactory evidence that all requirements regarding conveying and/or R1GPR/ mortgaging partnership land contained in the Partnership Agreement of R1GPD _____ recorded in the Office of the Clerk of Court/RMC/Register of Deeds for ____ County in _____ Book _____, Page _____ have been complied with.

For deeds from general partnerships see Deeds.

LIMITED PARTNERSHIPS

R1P1 Proof that said Limited Partnership has a current Certificate of Limited Partnership to do business, as required by law.

R1P4 Submission of a copy of Limited Partnership Agreement of _____, a _____ Limited Partnership, together with all amendments thereto, if any, for review by the company, together with an affidavit acceptable to the Company stating that the submitted Limited Partnership Agreement is a true and complete copy of the original (and all amendments thereto). The Company reserves the right to make such additional requirements as it may deem necessary.

R1P5 Filing of an affidavit containing the name of the limited partnership, the place or places where the partnership’s certificate of limited partnership is filed, and the name or names of the general partners who are authorized to sign documents relating to the land on behalf of the partnership in the office of the county where the index to deeds for the land is located. The affidavit required by this section must be recorded and indexed in the name of the partnership in both the grantor and grantee indices for deeds.

For deeds from limited partnerships see Deeds.


QUIET TITLE SUITS

R1QT1 Completion of a suit to quiet title, brought before a court of competent jurisdiction, naming as parties defendant (and acquiring jurisdiction over said defendants satisfactory to insurer herein) all those with actual or potential claims or interests in and to the land, said suit to terminate with an order of the court adjudging title to the land to be vested in _____. All applicable appeal periods must have expired without the filing of an appeal. The Company reserves the right to make additional requirements upon review of the suit to quiet title.


RELEASES (MISC)

R1REC/ Release of the land from that certain filed by , on , in the R1RER/ Office of the Clerk of Court/RMC/Register of Deeds for County in R1RED Book , Page .

R1RE1/ Partial Release of Mortgage, releasing the land to be insured from R1RE2/ encumbrance of the mortgage to _____, recorded _____ in the Office of the R1REE Clerk of Court/RMC/Register of Deeds for _____ County in _____ Book _____, Page _____, together with proof of possession of the original promissory note by the releasing party (proof of possession of the original promissory note not required for institutional lenders approved by the Company).

R1RE3/ Release of _____, in favor of _____, recorded in the Office of the Clerk of R1RE4/ Court/RMC/Register of Deeds for _____ County in ________ Book ______, Page R1REF _____.

R1RE5/ Partial release of _____, in favor of _____, recorded in the Office of the Clerk R1RE6/ of Court/RMC/Register of Deeds for _____ County in _______ Book _____, R1REG Page _____.


ROAD ACCESS (LACK OF)

R1RAC We find no public street established of record abutting the land in question, nor do we find of record any instrument creating an easement connecting the land to any such street, and therefore, our title insurance policy will contain the following exception:

"The lack of a right of access to and from the land."

R1RA1 Satisfactory evidence must be submitted that the roadway has been used and maintained by the State, County or City for any consecutive seven year period.


STANDARD EXCEPTIONS - DELETION

R1SE1 Standard Exception(s) _____ will be deleted from the (Owner’s/Loan) Policy.

OWNERS POLICY

R1SE2 Note: Items 1, 2, 3, 4 and 6 will be deleted upon compliance with gap coverage procedures and requirements to obtain survey, owner’s possession and lien affidavit, and proof of payment of all recorded and unrecorded taxes and special assessments. The Company reserves the right to add additional requirements to the commitment or exceptions to the policy of title insurance based upon the information disclosed in any title update, owner’s affidavit, and/or any survey of the land which is submitted to the Company or its issuing agent at or prior to closing.


STREET ABANDONMENT

R1ST1 Proper abandonment of the street or alley adjoining the land in accordance with South Carolina statutes .

R1ST2 Proof that the land including the area consisting of the vacated street has been assessed for real estate taxes since the abandonment proceedings.

R1ST3 Proper vacation of the street or alley adjoining the land in accordance with South Carolina statutes and/or charter of the City of _____.

R1ST4 Proof that the land including the area consisting of the vacated street has been assessed for ad valorem taxes since the vacating proceedings.


SURVEYS

R1SU1 Survey prepared by a South Carolina registered land surveyor; dated no more than 90 days prior to the closing date of the subject transaction; certified to the proposed insured(s), WFG National Title Insurance Company, and all other parties in interest; meeting the minimum standards for all land surveys as set forth in South Carolina Code of Laws. The Company reserves the right to make such additional requirements as it may deem necessary.

R1SU2 Survey prepared by a South Carolina registered land surveyor; dated no more than 90 days prior to the closing date of the subject transaction; certified to the proposed insured(s), WFG National Title Insurance Company, and all other parties in interest; meeting the minimum standards for all land surveys as set forth in South Carolina Code of Laws. The Company reserves the right to make such additional requirements and/or to modify the legal description (shown on Schedule A, Item 5 hereinabove) as it may deem necessary.

R1SU3 A current ALTA survey prepared by a South Carolina registered land surveyor. The Company reserves the right to make such additional requirements as it may deem necessary.

R1SUC/ Recording of a ____________________, showing that the Plat entitled “_____” is R1SUR/ recorded in Plat Book _____, Page _____ of said Office of the Clerk of Court/ R1SUD RMC/Register of Deeds, and that there is no Plat entitled “_____” recorded in Plat Book _____, Page _____. (Reason: The recorded Plat in the Office of the Clerk of Court/RMC/Register of Deeds for _____ County in Book _____, Page _____, incorrectly states the _____ of the Plat.)

R1SU4 Survey prepared by a South Carolina registered land surveyor, dated no more than 90 days prior to the closing date of subject transaction; certified to the proposed insured(s), WFG National Title Insurance Company, and all other parties in interest; meeting the minimum standards for all land surveys as set forth in South Carolina Statutes or in _____. The Company reserves the right to make such additional requirements as it may deem necessary.

R1SU5 Survey prepared by a South Carolina registered land surveyor, dated no more than 90 days prior to the closing date of subject transaction; certified to the proposed insured(s), WFG National Title Insurance Company, and all other parties in interest; meeting the minimum standards for all land surveys as set forth in South Carolina Statutes or in _____. The Company reserves the right to make such additional requirements as it may deem necessary.


TAX LIENS

R1T1C/ Release of the land from Federal Tax Lien(s) against , recorded , R1T1R/ in the Office of the Clerk of Court/RMC/Register of Deeds for County R1T1D in Book , Page .

R1T2C/ Release of the land from South Carolina Tax Lien(s) against , recorded R1T2R/ , in the Office of the Clerk of Court/RMC/Register of Deeds for R1T2D County in Book , Page .

R1T3C/ Release of the following Federal Tax Lien(s), or proof by Affidavit referring R1T3R/ to the land and to the Affiant's Social Security number, that they are R1T3D against some person other than the in the chain of title to the land:

1. Federal Tax Lien recorded in the Office of the Clerk of Court/RMC/Register of Deeds for County in Book at Page .

R1T4C/ Release of Federal Tax Lien against , recorded , in the Office of the R1T4R/ Clerk of Court/RMC/Register of Deeds for County in Book , R1T4D Page .

R1T5C/ Release of Federal Tax Lien against , recorded , in the Office of the R1T5R/ Clerk of Court/RMC/Register of Deeds for County in Book , R1T5D Page , or proof that is not the same person against whom said Tax Lien was filed.

R1T6C/ Notice of State Tax Lien recorded _____ in the Office of the Clerk of Court/ R1T6R/ RMC/Register of Deeds for _____ County in Book _____, Page _____ against R1T6D _____, for a total amount of $_____. This Notice of State Tax Lien appears to be against the party in our chain of title and must be discharged and canceled of record.

R1T7C/ Notice of State Tax Lien recorded _____ in the Office of the Clerk of Court/ R1T7R/ RMC/Register of Deeds for _____ County in Book _____, Page ____ against R1T7D _____, for a total amount of $_____. Proof is required to show that the Notice of State Tax Lien is not against the party in our chain of title.


TAXES

ESTATE

R1TES In connection with the Estate of , release of the land from the lien of South Carolina and Federal Estate Taxes.

R1TE1 Receipt of release or discharge evidencing that the estate of _____ is not subject to Federal Estate Taxes. REAL ESTATE

R1T1 Proof of payment of the _____ Real Estate Taxes.

R1T2 Proof of payment of City of municipal liens and assessments, if any.

R1T3 Proof of payment of taxes and assessments for the year of _____.

R1T4 Redemption of Tax Sale Certificate No. _____, sale of _____ for _____ unpaid taxes.


TO BE DETERMINED

R1NI1 The actual value of the estate or interest to be insured must be disclosed to the Company and, subject to approval by the Company, entered as the amount of the Policy to be issued. Until the amount of the policy to be issued shall be determined and entered as aforesaid, it is agreed by and between the Company, the applicant for this Commitment, and every person relying on this Commitment, that the Company cannot be required to approve any such evaluation in excess of $1,000, and the total liability of the Company on account of this Commitment shall not exceed said amount.

R1NI2 The Company is to be advised as to the identity and nature of the proposed insureds under the (Owner’s Policy/Loan Policy), and reserves the right to make such additional requirements as it may deem necessary.

R1TB1 A natural person or legal entity to be designated.

R1TB2 The Company is to be advised as to the identity, nature, and proof of existence of the proposed insured/mortgagor under the loan policy and reserves the right to make such additional requirements as it may deem necessary.


TRUSTS

R1TC1/ Obtain and record in the Office of the Clerk of Court/RMC/Register of R1TR1/ Deeds for County, South Carolina, the Trust Agreement referred to in R1TD1 instrument recorded in the Office of the Clerk of Court/RMC/Register of Deeds for County in Book , Page , and any amendments thereto, together with satisfactory evidence that said Trust is in full force and effect. We reserve the right to examine said agreement and raise further requirements or exceptions in connection therewith.

R1TR2 Deed from the Trustee(s) and all beneficiaries, conveying the land to .

R1TR3 NOTE: If the terms of the Trust Agreement reveal that it is an active Trust and contains a Power of Sale in the Trustee(s), a deed from the beneficiaries will not be required.

R1TR4/ Obtain and record in the Office of the Clerk of Court/RMC/Register of R1TR5/ of Deeds for _______ County, South Carolina, the Trust Agreement referred R1TR6 to in instrument recorded in the Office of the Clerk of Court/RMC/Register of Deeds for _________ County in _______ Book _______, page ______, and any amendments thereto, together with satisfactory evidence that said Trust is in full force and effect. In the alternative a Memorandum of Trust setting forth the powers of the Trustee to sell or mortgage the land. We reserve the right to examine said agreement and raise further requirements or exceptions in connection therewith.

For deed requirements see Deeds - Trustee

UCC-1 FINANCING STATEMENT/TERMINATION

R1UCC/ Termination of UCC-1 Financing Statement naming , as secured party, R1UCR/ and , as debtor, recorded , in the Office of the Clerk of R1UCD Court/RMC/Register of Deeds for County in Book , Page .

R1U1C/ Release of Financing Statement recorded in the Office of the Clerk of R1U1R/ Court/RMC/Register of Deeds for _____ County in ______ Book _____, Page R1U1D _____.

R1U2C/ Partial Release of Financing Statement recorded in the Office of the Clerk R1U2R of Court/RMC/Register of Deeds for _____ County in ______ Book _____, R1U2D Page_____.

R1U3C/ UCC-1 Financing Statement recorded _____ in the Office of the Clerk of R1U3R/ Court/RMC/Register of Deeds for _____ County in _______ Book _____, Page R1U3D _____.

R1U4C/ Termination of UCC-1 Financing Statement naming _____, as secured party, R1U4R/ and _____, as debtor, recorded _____, in the Office of the Clerk of R1U4D Court/RMC/Register of Deeds for _____ County in _______ Book _____, Page _____.

R1U5 Payment Satisfaction and Cancellation of record of the following UCC-1 Financing Statements:

Retrieved from "https://uww.wfgnationaltitle.com/index.php?title=SC_Underwriting_References&oldid=1156"
  • Powered by MediaWiki