July-August ’00 Volume 3.4

 



A Publication of Stewart Title Services of North Jersey, L.L.C.

 


ALTA ENHANCED COVERAGE POLICY NOW AVAILABLE

On June 1, 1999 the New Jersey Commissioner of Banking and Insurance approved the issuance of the American Land Title Association Homeowner's Policy of Title Insurance.

The ALTA Homeowner's Policy of Title Insurance provides more coverage to owners than the previously filed enhanced policies ( Stewart's Gold Policy or Chicago's Castle Policy) or other ALTA Owner's Policies. The ALTA Homeowner's Policy contains 28 insuring clauses ("Covered Risks") and an additional optional clause 29 providing some insurance as to an attached map (to be used in some western states based on custom).

The ALTA Homeowner's Policy of Title Insurance policies will have a premium charge equal to 120% of the cost of the owner's (plus additional charges where applicable for extended coverage). However, several commonly issued endorsements are included in the cost of this policy and may not be charged for separately. These endorsements are the ALTA 9, ALTA, 6, 6.1 and 6.2, ALTA 8.1, Revolving Loan and No Survey - Survey Endorsements.

ADDITIONAL COVERED RISKS (INSURING CLAUSES) AND COVERAGES IN THE POLICY:
1. Future Forgery and Future Ownership Claims: post policy forgery, impersonation, and adverse ownership coverage will protect the insured against loss if someone else claims to own the title (Covered Risk 7).
2. Actual pedestrian and vehicular access based on a legal right (Covered Risk 11).
3. Forced correction or removal of an existing violation of covenants, conditions or restrictions (Covered Risk 12).
4. Loss of title because of a violation, before the insured acquired title, of covenants, conditions or restrictions (Covered Risk 13).
5. Existing violations of subdivision laws or regulations, resulting in inability to obtain a building permit, requiring correction or removal of the violation, or refusal to perform a contract to buy, lease or make a mortgage loan (Covered Risk 14). This Covered Risk is subject to a Deductible Amount and Maximum Dollar Limit of Liability (shown in Schedule A).
6. Forced removal or remedy of an existing structure (other than a boundary wall or fence) because any part of the structure was built without obtaining a proper building permit. (Covered Risk 15). This Covered Risk is subject to a Deductible Amount and Maximum Dollar Limit of Liability.
7. Forced removal or remedy of existing structures (other than a boundary wall or fence) because they violate an existing zoning law or zoning regulation (Covered Risk 16). Forced remedy (but not forced removal) is subject to a Deductible Amount and Maximum Dollar Limit of Liability.
8. Encroachments of: (a) existing structures onto a neighbor's land (Covered Risk 18); (b) neighbor's existing structures onto the Land (Covered Risk 19); (c) existing structures onto an easement or over a building set-back line (Covered Risk 20); or, (d) neighbor's structures (other than boundary walls or fences) onto the Land after Policy Date (Covered Risk 25).
9. Damage to existing structures because of use or maintenance of any easement (Covered Risk 21).
10. Damage to existing or future improvements because of the future use of the surface of the land to extract or develop minerals, water, or other substances (Covered Risk 22).
11. Supplemental taxes for an period before Policy Date because of construction or change of ownership or use that occurred before Policy Date (Covered Risk 24).
12. The residence with the address shown in Schedule A is not located on the land at Policy Date (Covered Risk 28).
13. Optional Clause [only in some western states] The map attached to the Policy does not show the correct location of the land according to the Public Records (Covered Risk 29).
14. Gap Coverage as to matters recorded before the insured's Deed (Condition 1f.)
15. Continuation of Coverage for (a) a spouse of the insured who receives title because of dissolution of marriage; (b) the Trustee to whom the insured conveys; or, (c) the beneficiaries of the insured's trust upon death of the insured (Condition 2.b.).
16. Stated substitute residence rental expenses and expenses of relocation, if the insured cannot use the Land (Condition 6.b.(2)).
17. Automatic Increased Coverage of up to 150% of Policy Amount over 5 years (Condition 9).
Due to numerous requests from our customers, we will be issuing this coverage automatically for all title orders received after September 4, 2000. Of course you have the option of declining this additional coverage on behalf of your clients if you wish. If you would like to continue receiving the standard policies only for your clients, please call us at (800) 734-6019 and we will note your files accordingly.

NEW CLOSING SEMINARS ANNOUNCED

Two new seminars detailing the residential closing practice have been scheduled by ICLE and will feature the principals of Stewart Title Services of North Jersey. On September 23, 2000 Elissa Buonarota, Esq. and Kandi Moncelsi, CLAS will present " Real Estate for Paralegals." This program is designed to guide paralegals through every aspect of a residential real estate closing and will review procedures in both North and South Jersey style closings.

On October 21, 2000, Al Santoro, Esq. and Ben Zander, Esq. will be the featured speakers for ICLE's "Residential Real Estate Closings from A to Z." This is a basic, "nuts & bolts" discussion of all aspects of the residential real estate closing practice that is ideal for new attorneys as well as serving as a " refresher course."

Both seminars will be held from 9:00 AM to 1:PM at the Ramada Hotel in Fairfield, NJ. For more information contact us at 1 (800) 734-6019 or ICLE at (732) 214-8500.

GROWING DEMAND FOR 1031 EXCHANGE SERVICES

Section 1031, of the Internal Revenue Code of 1986, as amended, offers real estate investors one of the last great investment opportunities to build wealth and save taxes. By completing an exchange, the investor (Exchanger) can dispose of their investment property, use all of the equity to acquire replacement investment property, defer the capital gain tax that would ordinarily be paid, and leverage all of their equity into the replacement property. Two requirements must be met to defer the capital gain tax: (a) the Exchanger must acquire like-kind replacement property and (b) the Exchanger cannot receive cash or other benefits (unless the Exchanger pays capital gain taxes on this money). The tax code states: "No gain or loss shall be recognized on the exchange of property held for productive use in a trade or business or for investment purposes if such property is exchanged solely for property of a like-kind which is to be held for either productive use in trade or business or for investment purposes." Investors can accomplish virtually any investment objective with exchanges including greater leverage, diversification, freedom from joint ownership, improved cash flow, geographic relocation and/or property consolidation.

Exchanges must be completed within strict time limits with absolutely no extensions. The Exchanger has 45 days from the date the relinquished property closes to identify potential replacement properties. This involves a written notification to the Qualified Intermediary listing the addresses or legal descriptions of the potential replacement properties. The purchase of the replacement property must be completed within 180 days after of the close of the relinquished property.

Stewart Title Services of North Jersey is pleased to offer 1031 Exchange services through either Asset Preservation, Inc or Investment Property Exchange Services, Inc., both nationally recognized leaders in facilitating 1031 Exchange Transactions. Contact Al Santoro for more information.

Sanctity of Contract

Alfred D. Santoro, Jr., Esq.

Elissa Buonarota, Esq.

Stewart Title Services of North Jersey, L.L.C.

272 Parsippany Road
Parsippany, NJ 07054
Phone: (973) 560-0636
Fax: (973) 560-0819
1 (800) 734-6019

"New Jersey lawyers delivering quality title insurance and related services to New Jersey lawyers."

 


 

If you need any information on anything that you have seen in this newsletter or have any title related questions, please call:

Stewart Title Services of North Jersey

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