Any revision to this form requires approval of a Stewart Title Guaranty Company underwriter. The underwriting guidelines contained herein have been provided for general reference. The facts, circumstances, and location of the subject property should be considered when determining the issuance of the requested form or endorsement. Please note that all of the forms and endorsements included in this system may not be available in all states. Accordingly, please contact the appropriate Stewart Title Guaranty Company underwriting personnel in order to determine availability.
Compliance with the underwriting guidelines contained herein in no way obligates Stewart Title Guaranty Company to issue any form or endorsement.
Guideline: NM 65.2 – Zoning – Completed Structure – No Applicable Zoning Ordinances Endorsement
Organizational Guidelines
Guideline: NM 65.2 – Zoning – Completed Structure – No Applicable Zoning Ordinances Endorsement
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Explanation:
This endorsement to the Loan or Owner's Policy provides insurance that there is no applicable zoning classification or other similar laws applicable to the use of the land. It is designed for issuance on improved property. This endorsement cannot be issued on 1-4 family residential property.
Underwriting Requirements:
1. Secure and review a written certification from the applicable county or municipal authority that there is no zoning classification applicable to the insured property.
2. If possible, confirm the lack of any zoning classification by review of county or municipal maps or by requiring that the survey or architect or planning consultant state that there is no applicable zoning classification.
3. If the lack of a zoning classification is based upon an exception, variance, or prior authorized nonconforming use, consult with our underwriting personnel.
4. Do not issue this endorsement if there is any zoning law or similar law governing the use of the property, and please consult with our underwriting personnel if you find or aware of laws that may operate like a zoning law.
5. You must obtain written underwriter authorization to issue this endorsement and you must retain such written authorization for not less than two (2) years following issuance of the endorsement.
6. The cost of this endorsement is 23% of the full Basic Premium Rate and the minimum charge is $250.
- This guideline applies to the following form(s):