Loan Policy coverage is provided as to the invalidity, unenforceability, or avoidance of an insured mortgage due to the failure of its what?

Prepare for the Alabama Title Insurance Test. Practice with flashcards and multiple-choice questions, each question has hints and explanations. Get ready for your exam!

The correct answer is that Loan Policy coverage is provided as to the invalidity, unenforceability, or avoidance of an insured mortgage due to the failure of its recording in the public records.

In the context of title insurance, a Loan Policy protects lenders against certain risks associated with the mortgage they hold. One significant risk is that, if a mortgage is not properly recorded, it may lose its priority in the event of a foreclosure or if the property changes hands. Recording a mortgage ensures that it is publicly acknowledged and serves as a formal notice of the lender's interest in the property. This step is crucial because it establishes the lender's rights relative to other claims against the property.

If a mortgage is not recorded, it could be deemed invalid or unenforceable against subsequent buyers or creditors who were unaware of its existence. Therefore, a Loan Policy would cover such a situation, effectively protecting the lender from losses that arise from the unrecorded status of their mortgage.

The other options, while related to elements of mortgage documentation and execution, do not directly address the critical role of recording in establishing and protecting the validity of a mortgage, which is why they do not represent the correct answer in this context.

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