We are happy to update our earlier Bulletin with a better understanding of searching and recording capabilities as now exist in the State of New Jersey. Both the
New Jersey Land Title Association
and several search companies are monitoring search capabilities in local, county, state, and federal offices, as well as recording availability. Although there may be closures impacting the availability of some information, CATIC Title agents may continue to insure NJ transactions in due course under the guidelines below.
Agents may rely upon existing title evidence and search returns being received, with careful attention to any specific unavailability that may have an impact upon the ability to insure. On-line searching and available on-line recorded documents may be relied upon as official. Should any questions or issues arise regarding the adequacy of the search or the content of commitments for specific transactions, please e-mail our NJ Underwriting Team at
[email protected]
for an immediate response.
If electronic filing or recording is available, it should be used. If e-Recording is not available, documents should be promptly sent to recording offices via overnight carrier. Agents should advise all parties that notice of the date of recording in the public records will be delayed but that policies will insure through the ultimate date of recording of a deed, mortgage, or other title documents.
CATIC Title does not require the use of a formal Indemnity or Gap agreement.
Standard affidavits of title shall continue to be used with the following additional provision
inserted into the title affidavit
:
I/we have no knowledge or information of any lien, encumbrance or matter affecting title, whether recorded or unrecorded, that has not been disclosed or reflected in the commitment to insure or is not being paid, satisfied or adjusted as a part of this transaction.
We recognize that difficulties or delays may be encountered in obtaining payoff information, HOA/Condo statements, confirmation of tax payments, and other such information. We are prepared to address those situations and discuss the adequacy of escrows on a case-by-case basis.
Agents are directed to continue to raise an exception in all commitments, reserving the right to add requirements or exceptions upon receipt and review of delayed or unavailable searches. The following is suggested:
Due to the closures and restrictions imposed due to the COVID-19 virus, county and other searches may be delayed or temporarily unavailable. CATIC Title reserves the right to add additional exceptions and/or requirements upon a review of any such searches or documents upon same becoming available.
Our goal is to continue to insure and assist in the orderly conveyance and financing of real estate transactions with the least possible impact upon the parties. We stand ready to assist any and all real estate professionals in any way possible and at any time called upon. We are with you wherever you may be. Be well and stay safe.
