EMERGENCY GAP COVERAGE
(This authorization expires
January 31, 2002)
Due to the severe problems associated with recordings at
the Registries of Deeds particularly the Middlesex South Registry, Old Republic
Title has decided to provide so-called “gap coverage” for refinance
transactions on a limited basis. We
are offering this coverage as a temporary measure to address an extraordinary
situation. It is not intended as a permanent change in our practice guidelines.
You are authorized to provide title insurance coverage to the lender as
of the time and date of disbursement of the loan proceeds prior to actual
recording of the loan documents, subject to the following requirements:
This authorization applies to refinance transactions
of 1-4 family residential properties only.
A Gap Indemnity Agreement in the form attached must be executed by the
borrower/owner. A copy of the Gap
Indemnity Agreement can be downloaded from our website (ORTBoston.com).
Title to the property must be run up to no less than one business day
prior to disbursement of the loan proceeds.
The recording must be done as soon as possible after disbursement of the
Please attach a copy of the Gap Indemnity Agreement to the copy of the
policy remitted to Old Republic Title.
Any intervening matter discovered in your final rundown and recording are
to be promptly reported to Old Republic Title.
You should proceed with recording the mortgage notwithstanding any
intervening matter and such matters are not to be added to the policy.
Old Republic Title makes no representation that
disbursement prior to recording is acceptable under current attorney practice
standards. Any risk that this
practice constitutes attorney negligence is not covered under title insurance
and is a matter between the agent, the client and the agent’s liability
For the protection of all, we recommend that you use this authorization only when absolutely necessary. We strongly suggest that you use the three day rescission period to record mortgages so that the mortgages are of record prior to disbursement.
This authorization expires on January 31, 2002. We will consider extending this authorization only if the situation in the Registries of Deeds has not improved sufficiently by this date. Any such extension must be in writing.
GAP INSURANCE INDEMNITY AGREEMENT
Old Republic National Title
REPUBLIC NATIONAL TITLE INSURANCE COMPANY (hereinafter referred to as
"Old Republic") has been requested to issue Owner/Loan/Leasehold
policies of title insurance for the above-referenced property.
Said insurance coverage is to be effective as of the time of disbursement
of funds following the execution of the various closing documents, which create
the estate or interest to be insured. Old Republic is being asked to insure the gap period between
the date of the last rundown of title and the recording of the instruments,
which create the insured interests.
consideration of such coverage and in order to induce Old Republic to provide
such insurance, we, the undersigned hereby agree to indemnify Old Republic for
any and all loss, cost or damage, including attorney's fees, resulting from any
defects, liens, encumbrances, or adverse matters created, arising, or
discovered, between the period of the last title search and the time at which
the documents creating the insured interests are recorded with the land records
for the property.
document is executed as a sealed instrument and is intended to be construed in
accordance with the laws of the Commonwealth of Massachusetts.
this ________ day of ___________________, 200_.
Old Republic Title Insurance Group
Three Center Plaza
Boston MA 02108
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