Property Unimproved or Improved for Some Time

If no work has been performed within the period for liens to be filed after work has been performed, then in most instances a lien cannot arise which has priority over the insured mortgage. In order to remove the exception for unfiled liens, the Company will accept, in most instances, an affidavit and indemnity agreement from the seller and/or borrower that no work has recently been performed on the property. Such affidavits are obviously self-serving, and the indemnity actually may have little value, so the agent must exercise good judgment in determining when not to rely on such affidavits. If any questions arise, please contact Agents National Title underwriting counsel.