Post-Policy Forgery

The EAGLE Policy provides protection against forgeries which may occur in the future and cloud the title or affect the validity of your mortgage. This post-policy coverage is completely new, and never before available from any title insurer. First American now protects your title in these unpredictable situations.

Post-Policy Mechanics' Lien Coverage

Mechanics' lien coverage has been expanded to include liens arising from work contracted for and commenced after the date of the policy when the loan was not intended to finance the construction. Lenders have often been named in actions to enforce such liens and, until now, have had to undertake their own defense. This coverage is completely new, and another example of the way the EAGLE Policy protects you in situations that occur after the policy date.

Post-Policy Restriction Violations

Recorded covenants, conditions and restrictions can sometimes preclude the way in which borrowers use their land. The EAGLE Policy covers the loss a lender suffers when a restriction violation results in the inability to use the residential structure for residential purposes. This feature covers both the structure in existence at the time the loan was originated, as well as any replacement of the structure that may have been constructed following loan origination, making this a true post-policy coverage. This coverage, insuring a situation so critical to the value of a lender's security, has never before been offered by any title insurer.

Post-Policy Encroachment

EAGLE Policy coverage protects you if someone, without the owner's consent, builds an improvement which encroaches on the insured property after the date of policy. No other title policy has ever covered this post-policy situation.

Matters Within ALTA Form 9 Endorsement

First American incorporates within the EAGLE Policy all of the provisions of the ALTA Form 9 endorsement, which provides coverage very similar to, but somewhat broader than, that afforded by the CLTA Form 100 endorsement. With the EAGLE Policy, you no longer need to audit your files to confirm that this endorsement is present!

Damage to Post-Policy Improvements From Minerals Extraction

First American now protects you when modified or replaced improvements, constructed after the policy date, are damaged by others using the surface of the land in the course of extracting minerals. This is a beneficial expansion of the coverage afforded by the ALTA Form 9 endorsement which gave you protection for damage to improvements existing at the policy date.

Automatic Coverage for Revolving Credit Loans and Mortgage Modifications

Now, the EAGLE Policy includes coverage for future advances provided for by the terms of the original mortgage, and for any advances and interest rate changes made as a result of post-policy modifications to the mortgage. This beneficial coverage, previously available only by endorsement, eliminates the added expense involved in obtaining the coverage by endorsement and the risk a lender assumes when such coverage is not requested.

Adjustable Rate / Negative Amortization Coverage

Here the EAGLE Policy incorporates the coverage provided by ALTA Form 6 and Form 6.2 endorsements (CLTA Form 111.5 and Form 111.8 endorsements, respectively), protecting you from intervening lien creditors who claim that a subsequent change in the rate or capitalization of interest has resulted in impairment of your mortgage. By providing this coverage automatically, the EAGLE Policy saves you the expense of auditing the file after closing to ensure that this necessary coverage was provided.

Building Permit Violation

You are covered here for loss you may suffer because no valid building permit was obtained for the existing residence. Modifications or replacements of a residence made without a valid building permit are also covered -- even when made post-policy. This is a completely new coverage provided to you by the EAGLE Policy.

Expanded Survey Coverage

This provision covers violations, variations or adverse situations affecting title that would have been disclosed had an accurate survey of the property been performed. This coverage goes beyond the protection of an ALTA Form 9 endorsement.

Enhanced Access

This feature enhances existing right of access coverage by including both pedestrian and vehicular access. Never before has this type of access been so clearly defined.

Subdivision Map Act Coverage

Coverage is provided in the event that the land was improperly subdivided prior to your mortgage. This coverage was available previously only by endorsement, and was normally associated only with commercial properties.

Usury Law Coverage

First American will insure against loss if the lien of the mortgage is found to be invalid or unenforceable because the loan violates the usury law of the state in which the land is located. Now, you have protection against a matter that previous loan policies excluded from coverage.

Zoning

First American provides coverage if the land is not zoned to permit one-to-four family residential structures or condominiums. Zoning coverage, available by endorsement but seldom obtained on one-to-four family residences or condominiums, is now automatically included.

Environmental Protection Lien

This coverage insures against loss should your mortgage on the property not have priority over any environmental protection lien that comes into being after the policy date and was provided for by state statute in effect at the policy date. This coverage was previously only available by an ALTA Form 8.1 endorsement. It is now an automatic coverage in the EAGLE Policy.

Map Inconsistencies

First American protects against loss when the map attached to the title policy does not show the same location and dimensions of the land as those shown in the public records. This coverage was available previously only by endorsement.

Street Address Inconsistency

The EAGLE Policy protects you when the land does not have the street address shown in Schedule A. This coverage was also available previously only by endorsement.

Failure of Land to Contain Specified Improvements

Coverage is now provided if the land does not contain a one-to-four family residential structure or condominium. As with the coverages for map and street address inconsistencies, this coverage was available previously only by CLTA 116 and similar endorsements.