Forms

Please note: While PDF forms will open in a new browser window, Word Documents will download when clicked.

NCLTA Lien Waiver Requirement 02 2014

NCLTA lien waiver requirement for commitments in conjunction with the revised forms.

NCLTA Commitment Requirement.02 2014 FINAL.pdf

NCLTA FORM 1 – Owners Affidavit and Indemnity Agreement rev. 03 2013

This form is to be used in situations where there have been no recent improvements made to the property. The form must be executed by the owner of the property. The affiant states and agrees that at no time during the 120-Day lien period have any labor, services or materials been furnished in connection with a contract, express or implied, for improvements to the property. Furthermore, the affiant agrees to indemnify and hold the title insurer harmless of and from any loss which any party (purchaser, lender, insurer) may become liable for as a result of reliance on the certifications made in the form.

FORM 1 rev 3-13-13.editable.pdf

NCLTA FORM 2 – Owner/Contractor Affidavit, Waiver of Liens and Indemnity Agreement (No Mechanics Lien Agent Appointed – Construction Recently Completed) rev. 03 2013

This form is to be used when construction was recently completed on the property to be insured and is intended to be used in connection with the issuance of a policy to insure the priority of the lender’s deed of trust and to provide insurance for the purchaser. This form must be executed by the owner of the property and by everyone (person or entity) contracting directly with the owner to provide labor, services, materials or equipment to the property. There are certain exceptions to the rule that every contractor (as defined by the statute) must sign this affidavit in order for the title insurer to insure without an exception for mechanics’ liens. Evidence satisfactory to Attorneys Title that the contractor has been paid (copy of an invoice and check representing payment in full), or another type of waiver or release by the contractor may satisfy our lien requirements. Please contact your local Attorneys Title office if you need to seek an exception for a particular transaction.

FORM 2 rev 3-12-13.editable.pdf

NCLTA FORM 3 – Owner/Contractor Affidavit, Indemnity and Lien Subordination Agreement (No Mechanics Lien Agent Appointed – Construction In Process or Immediately Comtemplated) rev. 03 2013

This form is to be used when construction is in process or immediately contemplated and is intended to be used in connection with a policy to insure the priority of the lender’s deed of trust. Coverage for the owner is not available in this scenario. With regard to title insurance for a purchaser purchasing mid-construction, it is important for the closing attorney to ascertain the relationship between the owner and the purchaser and consult with the title insurer to determine from whom waivers will be required and to determine if owner’s coverage is available for the potential liens. The form must be executed by the owner of the property as well as every contractor as defined in the form itself. It is noted that subordinations are required and non-commencement affidavits are no longer available.

Form 3 rev 3-12-13.editable.pdf

Instructions – NCLTA Form 5 – Owner Affidavit and Indemnity Agreement (MLA – Construction Completed, Contemplated or Underway) 02 2014

Detailed instructions for use of the Form No. 5 MLA Appointed – Owner Affidavit and Indemnity Agreement.

NCLTA_INSTRUCTIONS_FOR_FORM_5.FINAL.pdf

NCLTA Form 5 – Owner Affidavit and Indemnity Agreement – MLA Appointed 02 2014

NCLTA Form 5, Owner Affidavit and Indemnity Agreement when construction has been completed, is contemplated or currently underway and a mechanics lien agent has been appointed (in conjunction with NCLTA Forms 6 and 7)

2014 NCLTA_Form_5.editable.pdf

NCLTA Form 6 – Waiver and Release of Liens – MLA Appointed 02 2014

NCLTA Form 6, for waiver and release of lien rights by Potential Lien Claimants having filed notice(s) to lien agents (in conjunction with NCLTA Form 5)

2014 NCLTA_Form_6.editable.pdf

NCLTA Form 7 – Subordination of Liens – MLA Appointed 02 2014

NCLTA Form 7, for subordination of lien rights by Potential Lien Claimants having filed notice(s) to lien agents to any deed of trust to be insured (in conjunction with NCLTA Form 5)

2014 NCLTA_Form_7.editable.pdf

Preliminary Title Report (legal sized)

A written report issued by an approved attorney and provided to a title insurance company, showing the matters discovered in their title search which would appear as exceptions in a title policy if the policy were issued as of the date of the report.

Atty Title Preliminary Title Report Ver2.doc

1099-S Certification Form – No Information

Certification for no information reporting on the sale or exchange of a principal residence.

Atty Title 1099 Cert for No Info.doc

Affidavit Regarding Marital Status – Married Couple

To induce the Title Company to insure over a judgment docketed against one owner of property held as tenants of the entireties.

Atty Title Affidavit Regarding Marital Status Married-1.doc

Affidavit Regarding Marital Status – Widower

To induce the Title Company to insure property previously held as tenants by the entireties when one tenant is deceased.

Atty Title Affidavit Regarding Marital Status Widow-1.doc

Estate Indemnity Agreement

Atty Title Estate Indemnity Agreement-1.doc

Final Title Opinion

Atty Title Final Title Certificate-1.doc

‘It’s Not Me’ Affidavit

To induce the Title Company to insure over a lien or judgment filed or docketed against an individual with a similar name to Affiant.

Atty Title Unknown Party Affidavit-1.doc

Title Company Selection Form

To assist attorneys with their clients, Attorneys Title, has created its Title Selection Form for each of their clients interested in selecting Attorneys Title as their title company of choice. The form is quick to complete and informs the client that they have a choice in determining their title insurance company.

Atty Title Title Company Selection Form-1.doc

Waiver of Survey Coverage

Atty Title Waiver of Survey Coverage-1.doc